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LM LAW OFFICE

LM LAW OFFICE

Riga, Latvia

Founded in 2016
10 people in their team
Education, experience and knowledge are the main values of the law office. The law office offers legal service both for local clients and also for...

About Hiring & Firing Law in Riga, Latvia

In Riga, Latvia, hiring and firing laws are governed by the Latvian Labor Law, which balances the rights and duties of employers and employees to ensure fair labor practices. The law covers various aspects from contracts, working hours, to termination of employment, and lays down specific procedures that need to be followed for lawful hiring and firing. Following the EU directives, Latvia also implements anti-discrimination and employee protection regulations. Understanding these statutes is crucial for both employers and employees to maintain compliant labor relations.

Why You May Need a Lawyer

Legal assistance in the field of hiring and firing is often required to navigate the complex regulations and avoid potential disputes. Employers may need a lawyer to draft compliant employment contracts, implement workplace policies, or manage the legal aspects of restructuring and layoffs. On the other hand, employees may seek legal advice in cases of unfair dismissal, discrimination, or contract disputes. A lawyer can also represent either party in lawsuits or negotiations, ensuring that their rights are protected in accordance with Latvian law.

Local Laws Overview

Latvian labor law provides a comprehensive framework for employment practices. Key aspects pertaining to hiring involve the requirement for written work contracts, adherence to non-discrimination principles, and observance of privacy laws during the recruitment process. Regarding firing, the law mandates notice periods for termination depending on the length of service, provides specific grounds on which an employee can be lawfully dismissed, and outlines procedures for collective dismissals. Employees are entitled to severance pay under certain conditions. Additionally, the law offers protection against wrongful termination and affords the opportunity for dispute resolution through the court system.

Frequently Asked Questions

What are the required notice periods for terminating an employment contract in Riga?

Notice periods in Riga vary based on the length of employment, ranging from 10 days for less than 6 months of employment to at least one month for more than 5 years of service. Specific circumstances of termination can affect these periods.

Is it mandatory to provide severance pay in Latvia?

Yes, in cases of termination due to redundancy or other circumstances not related to the employee's performance, severance pay is mandatory and related to the employee's tenure.

Can an employer dismiss an employee without cause in Latvia?

Latvian law requires legitimate grounds for dismissal, such as redundancy, gross misconduct, or incapacity to perform work duties. Arbitrary dismissals without cause are not permissible and can lead to legal action.

Are there any special protections for certain categories of employees?

Yes, pregnant women, parents on maternity or paternity leave, and employees with disabilities enjoy additional protections against dismissal.

How can an employee contest a wrongful termination?

An employee can challenge a dismissal by filing a complaint with the State Labour Inspectorate or bringing the case to court. Legal representation is recommended in such instances.

What constitutes discrimination in the workplace in Latvia?

Discrimination refers to unfair treatment based on race, gender, age, disability, religion, or other protected characteristics. It is prohibited in hiring, firing, and other aspects of employment.

Can an employee be terminated immediately for misconduct?

If an employee commits a serious breach of duty, the employer has the right to terminate the contract without notice. However, the specifics of the misconduct and the process of determination must comply with legal guidelines.

What should be included in an employment contract?

An employment contract in Latvia should include job description, salary, work hours, and conditions for termination, among other essential details. Both parties must agree to the terms in writing.

Do employees on parental leave have job security?

Yes, employees on parental leave have the right to return to their job or an equivalent position upon the conclusion of their leave.

Are foreign workers subject to the same labor laws in Riga?

Foreign workers legally employed in Riga are entitled to the same labor rights and protections as local employees under Latvian law.

Additional Resources

The State Labour Inspectorate of Latvia is a valuable resource for upholding workers' rights and addressing labor disputes. Other organizations, such as the Latvian Employers' Confederation and various trade unions, can provide support and guidance on employment matters. Law firms specializing in labor law can offer legal counsel tailored to individual cases.

Next Steps

If you need legal assistance in hiring or firing matters in Riga, Latvia, the first step is to seek a lawyer who specializes in labor law. Compile all relevant documents such as employment contracts, communication records, and any evidence of disputes. Schedule a consultation with your lawyer to evaluate your case and receive professional advice on how to proceed. Be aware of the strict time limits for lodging claims in employment disputes and ensure you act in a timely manner to protect your rights.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.