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Posting workers to Latvia

A comprehensive guide to consider if you want to post your workers to Latvia.

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Before posting workers to Latvia, it is mandatory to comply with some national and European legislation. The employer must consider various conditions to ensure that the worker’s rights are protected.

Prior Obligations for Companies Posting Workers to Latvia

Posting Declaration

According to Art. 14.1 of the Labour Law, an employer who posts one or more employees to Latvia must fulfil requirements regarding notification to the national labour inspectorate, the appointment of a contact person, and compliance with Latvian working and salary conditions. Other texts regulating the matter include European Directives 96/71, 2014/67, 2018/957, 2019/1152, and their respective national transpositions.

To learn more, read our guide on the EU Posted Workers Directives.

Workers must be notified if they are involved in:

  • a service provision for a Latvian final customer;
  • an intra-group secondment to a Latvian host company, a subsidiary of the seconding company;
  • a secondment managed by a temporary employment agency;
  • a secondment arising from a subcontract.

The notification must be submitted electronically before the start of work in Latvia. It must include all required information about:

  • the posting company;
  • the workers who are expected to be posted;
  • the final client;
  • the workplace, etc.

Currently, no exemptions from notification are provided, and it is mandatory to notify assignments of any duration.

Also, any changes related to the assignment must be notified through the provided channels no later than three days after the change occurs.

Contact Person

In accordance with Directive 2014/67/EU, employers who post workers to Latvia are required to appoint a contact person. This appointed person serves as a liaison between the authorities and posted workers, enhancing communication channels, and providing necessary support.

Working and Salary Conditions in Latvia

Employers sending workers to Latvia must also commit to respecting Latvian working and salary conditions if they are more favourable than those of the State where the employee usually works, as provided by Directive 2018/957/EU.

This includes complying with maximum work periods and minimum rest ones, annual leave, and occupational health and safety principles, about a specific training to ensure a safe working environment, the provision of necessary protective equipment, and the acquisition of required training. 

Minimum standards in terms of working conditions are established by EU Working Time Directive (2003/88/EC)

Storage of Documents Concerning the Posting

An employer posting an employee to work in Latvia must store and make available copies of documents related to the assignment. These documents include:

  • employment contracts;
  • pay slips;
  • timesheets;
  • documents proving wage payments, during all the period of posting.

The documents must be provided to Latvian national institutions and control authorities. If requested by the competent authorities, the relevant translation into the official language of the country (Latvian) must be presented.

The obligation to storage documents also applies after the end of the assignment, for a two-year period.

Extra-UE National Workers to Latvia

For what concerns the immigration of non-EU personnel, the provisions of the Immigration Law of October 31, 2002, and Cabinet Regulation No. 55 of January 28, 2014, related to the employment of third-country nationals in Latvia apply.

Non-EU citizens can enter and work in Latvia without a Latvian residence permit for 90 days within a 180-day period in accordance with the Schengen Agreement. This exemption applies to workers holding a valid residence permit issued by an EU/EEA member State, employed in one of these States, who travel to Latvia for short-term service provision, employed by the foreign company for at least three months.

If their stay/work in Latvia exceeds 90 days, a specific residence permit must be requested.

Social Security and A1 Certificate for posted workers to Latvia

Under European Regulation 883/2004, workers posted to Latvia can continue to be covered by the social security system of the member State where the employer is based and where they usually work.

The posting company must request the A1 Certificate. This will be issued by the competent social security institution once all necessary information is received. The A1 Certificate can be valid for up to 24 months. Moreover, the worker must keep the certificate for the entire period of the assignment in Latvia.

Penalties for Non-Compliance

According to Chapter 36 of the Labour Law, an employer who does not comply with the provisions regarding the transnational posting of workers is subject to sanctions by the competent Latvian inspection body. In the case of penalties imposed on a company not based in Latvia, the penalty notification is received by the corresponding foreign inspection body.

Once sanctioned, the posting company must also meet deadlines for the payment of the fine, which must occur within 1-month period.

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Regulatory Framework

Legal framework for working conditions and terms of employment

Reference

Latvia Labor Law

Reference

Learn more about Posting of Workers to Europe

Have a look at our in-depth guides about Posting of Workers to EU Countries. If you don’t know where to start, you can have a first look at our introduction on Posting of Workers to Europe.

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