Här följer de skriftliga frågorna från Stoppafusket och de skriftliga svaren från de ansvariga vid Lettlands arbetsförmedling.
1. Which criteria do you have to give license? What are the demands from you?
On the basis of information stipulated in Clause 1 of the Regulations No. 458 “Procedures for Licensing and Supervision of Merchants – Providers of Work Placement Service” issued by the Cabinet of Ministers on July 3, 2007 (hereinafter – Regulations) regarding the procedures by which the State Employment Agency (NVA) (hereinafter – the Agency) shall issue, suspend and cancel a licence to a merchant for the provision of work placement services (hereinafter – the Licence), the amount of the State fee for the Licence and the procedures for the payment of the State fee, as well as the duties and rights of a merchant and procedures for supervision.
Clause 2 of the Regulations stipulates that merchant is entitled to provide work placement services in a State or States indicated in the Licence if such merchant has received the Licence issued by the Agency. The Licence shall be issued for an unspecified period of time.
On the basis of information stated in Clause 9 of the Regulations the Licence shall be issued to a merchant who complies with the following requirements:
· has been registered in accordance with the regulatory enactments regulating commercial activities;
· the merchant has registered personal data processing in accordance with the regulatory enactments regarding the personal data protection and has received a registration certificate of personal data processing;
· the merchant has no tax debts or debts of mandatory state social insurance contributions ;
· no administrative violations in the field of labour law, labour protection, consumer rights protection and unfair commercial practice have been found in the commercial activity of the merchant during the last year;
· insolvency of the merchant has not been declared, the merchant is not in the process of liquidation, the economic activity thereof has not been suspended or discontinued, nor have legal proceedings been initiated with respect to the termination of the activity, insolvency or bankruptcy;
· the members of administrative bodies of the merchant are not sentenced regarding committing an intentional criminal offence against the life, health, fundamental rights and freedoms, freedom, honour and dignity, morality and sexual inviolability, property of a person and criminal offences in the national economy or in the State authority service stipulated by the Criminal Law or a criminal record has been removed or extinguished regarding the listed criminal offences;
· the members of administrative bodies of the merchant have not been the members of administrative bodies of such merchant whose licence has been previously cancelled on the basis of Sub-clause 38.1, 38.2 or 38.3 of this Regulation, or one year has passed since the cancellation of the licence on the basis of Sub-clause 38.1, 38.2 or 38.3 of this Regulation.
2. In Sweden a company has to have something that is called F-tax. It is just a few of the licensed private employment agencies that have that. What do you have for comment to that?
The State Revenue Service (hereinafter – SRS) is a State administration authority which acts under the supervision of the Ministry of Finance and the main task of which is collecting State taxes, fees and other mandatory payments specified by the State within the term and in full amount under the requirements of the regulatory enactments. In such manner function of providing services to the tax payers, tax debt collection and tax control is performed and the trust of society and voluntary fulfilment of tax liabilities are reached.
One of the basic functions of the tax administration is tax control. Main tasks and duties of the SRS in the field of tax control are stated in the law “On the State Revenue Services” and in the law “On Taxes and Fees”.
In accordance with the above mentioned information the most competent institution in Latvia in respect to taxes is the SRS; therefore any information necessary can be received in the SRS.
Telephone number for further information of the SRS is 1898 (if calling from Latvia); (+371) 6700 1898 (if calling from abroad). Working hours for calling are from 8:30 to 17:00.
Free of charge hot line of the SRS is 80009070 (24 hours a day)
http://www.vid.gov.lv is also available in English.
3. Some of the agencies that works in Sweden (and only in Sweden) do not pay any social security contributions in Sweden, and no income tax for their workers. Should they not do that? They pay it instead in Latvia.
The most competent institution in Latvia in respect to taxes is the SRS; therefore the necessary information can be received in the SRS.
Telephone number for further information of the SRS is 1898 (if calling from Latvia); (+371) 6700 1898 (if calling from abroad). Working hours for calling are from 8:30 to 17:00.
Free of charge hot line of the SRS is 80009070 (24 hours a day)
http://www.vid.gov.lv is also available in English.
4. Most of the agencies are not following the Swedish collective agreements, the salary for their workers are far below the Swedish salary. What is your comments to that?
Currently the Agency has issued licenses for the provision of work placement services to 100 Merchants, out of which 11 Merchants have indicated Sweden as their place for work placement services. In the first half of 2012 the Merchants have posted 22 employees to Sweden.
Paragraph 5 of Clause 14 of the Labour Law states that an employer who posts an employee to perform work in another European Union Member State, European Economic Area State or Swiss Confederation, irrespective of the law applicable to the labour contract and employment legal relationships, has a duty to ensure for such posted employee the fulfilment of employment provisions and the working conditions in accordance with Paragraph 3 of this Section in compliance with the regulatory enactments of the relevant state regulating the posting of employees.
Employment provisions and working conditions that shall be ensured for the posted employees:
1) maximum working time and minimum rest period;
2) minimum annual paid leave;
3) minimum wage rate, as well as supplementary payment for overtime work;
4) provisions regarding securing a workforce, especially via work placement institutions;
5) safety, health protection and hygiene at work;
6) protection measures for persons under 18 years of age, for pregnant women and women during the period following childbirth, as well as the provisions of work and employment of such persons;
7) equal treatment of men and women, as well as prohibition of discrimination in any other form.
The State Labour Inspectorate (hereinafter – SLI) is a is a State administration authority which acts under the supervision of the Ministry of Welfare and main function of which is the implementation of State supervision and control in the field of employment legal relationships and labour protection. The activity of the SLI is regulated <http://www.vdi.gov.lv/files/VDI%20likums.pdf> by the SLI Law. The mission of the State Labour Inspectorate is to reach compliance to laws and regulations regarding employment legal relationships and labour protection in Latvia, in order to create and maintain safe, health-friendly work environment and correct employment legal relationships in the State, in such manner reducing the number of persons suffering from occupational diseases and number of persons involved in accidents at work.
If you have any additional questions, please, contact the SLI:
* Consultative telephones: 67186522, 67186523
* E-mail: vdi@vdi.gov.lv
* Home page: www.vdi.gov.lv is also available in English.
