Labour Law
Study Course Implementer
Dzirciema street 16, Rīga, szf@rsu.lv
About Study Course
Objective
Preliminary Knowledge
Learning Outcomes
Knowledge
1.At the end of the study course, students will be able to: • explain the theoretical guidelines in the field of labour law; • analyse the system of labour law and its subjects; • characterise the main stages of labour law (establishment of employment relations, obligations of the employee and employer, organisation of work and termination of employment relations); • characterise and interpret issues of remuneration for employees in the public and private sectors, types and possibilities of dispute resolution and the essence of social dialogue.
Skills
1.During the study course, students will acquire the following skills: • to systematise and analyse legal texts; • to analyse theoretical literature and case law independently; • to carry out comparative research in case of various labour law issues; • to independently evaluate the various cases in labour law practice and provide a legal assessment thereof.
Competences
1.During the study course, students acquire the following competences: • to argue in solving problems in the field of labour law by applying regulations and case law; • to use legal interpretation methods in legal argumentation; • to critically select, evaluate and analyse scientifically reliable sources; • to identify and analyse court judgments.
Assessment
Individual work
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Title
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% from total grade
|
Grade
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|---|---|---|
|
1.
Individual work |
-
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10 points
|
|
During the study course, students have to do homework, which includes analysis of the concept of labour law (understanding of the analytical and synthesis method) and analysis of one court judgement (emphasis on the understanding of the teleological method of interpretation of legal norms). |
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Examination
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Title
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% from total grade
|
Grade
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|---|---|---|
|
1.
Examination |
-
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10 points
|
|
Theoretical knowledge acquired by the student is assessed during each class (test, test, group work, discussion, etc. - the exact didactic material will be specified during the class), but the homework will be assessed. In order for the student to be admitted to the final examination of the course, it is necessary to receive an assessment in all the tests of the study course and to receive a positive assessment of the homework. The course exam is a written examination in which the student's skills in solving a legal case will be assessed. |
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Study Course Theme Plan
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Lecture
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Modality
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Location
|
Contact hours
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|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Introductory lecture. The concept, system, and history of labour law. Subjects of employment legal relations.
|
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Establishment of employment relationship. Employment contract, its conclusion procedure, content and amendment.
Description
The legal framework for the establishment of legal relations, the prerequisites and procedure for the conclusion of an employment contract, the essential elements and mandatory provisions of an employment contract, the rights and obligations of the employer and the employee before the commencement of employment relations and in the process of establishing them. The term, form, significance of the agreement of the parties and legal consequences of non-compliance with the requirements for the conclusion of an employment contract. The legal grounds and procedure for amending the content of an employment contract, the agreement of the parties on changes to the terms of the employment contract, as well as the limits of the permissibility of unilateral changes. Analysis of problematic issues in the application of the provisions of the Labour Law and the practice of Latvian courts. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Working time and rest time legislation.
Description
The concept, types and legal regulation of working time and rest time, the procedure for determining normal working time and part-time working time, the organization of working time, the legal regulation of overtime and night work. Record-keeping of working time, employer's obligations and protection of employee rights in the organization of working time. Types of rest time and the procedure for granting them, including breaks at work, daily and weekly rest, annual paid leave and additional leave. Peculiarities of the organization of working time in various forms of employment, ensuring work-life balance, as well as analysis of problems in the application of the legal regulation, taking into account the legal regulation of Latvia and the European Union and the case law. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Wages and social security for employees.
Description
Legal framework of remuneration, remuneration systems and procedures for their determination, minimum wage, bonuses, bonuses and other payments related to the performance of work. Terms and procedures for payment of remuneration, deductions from remuneration and protection of employee rights in remuneration disputes. Social guarantees for employees, including holidays, legal framework for sick leave and other justified absence, maternity, paternity and parental rights guarantees, as well as the role of the state social insurance system in ensuring employee rights. Employer's obligations in the implementation of social guarantees, analysis of current legal application problems and Latvian court practice. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Occupational safety and health and employer and employee liability.
Description
Legal framework for occupational safety and health, employer and employee obligations in ensuring a safe and healthy work environment, assessment of work environment risks and implementation of preventive measures. Instruction and training of employees in occupational safety and health issues, the importance of mandatory health examinations and employer obligations in the event of accidents at work and the detection of occupational diseases. The prerequisites for the material, disciplinary and other legal liability of the employer and the employee, the procedure for applying liability and the issues of compensation for damages. Legal consequences of violations of occupational safety and health requirements, resolution of labour disputes and analysis of current issues, taking into account the Latvian regulatory framework, the legal norms of the European Union and the case law. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Termination of employment legal relations.
Description
Legal framework for termination of employment, grounds and procedure for termination of employment contract, including employee and employer termination, agreement of the parties to terminate employment relationship and other cases of termination of employment contract provided for by law. Legal prerequisites for employer's termination, procedure, time limits and restrictions for termination, protection of employee against unlawful dismissal and rights of particularly protected employees. Legal consequences of termination of employment relationship, final settlement, compensation for unused leave and conditions for payment of severance pay. Contestation of termination of employment contract, means of protection of employee's rights, burden of proof and settlement of labour disputes, analysing the Latvian regulatory framework, EU law and case law. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Lesson. Legal analysis of the employment contract. Assessment of the terms of the employment contract, legal risks and proportionality of the rights and obligations of the parties.
Description
Legal analysis of the content and form of the employment contract, assessing its compliance with the requirements of the Labour Law and other applicable regulations. Assessment of the essential and additional terms of the employment contract, including work duties, remuneration, working hours, rest time, place of work, confidentiality, competition restrictions, and material liability. Analysis of the legality and proportionality of the terms of the employment contract, identifying potential legal risks, restrictions on employee rights, and violations of employer obligations. Analysis of practical situations, improving skills in identifying inadequate or unclear contract terms, justifying their legal assessment, and developing proposals for clarifying the terms of the employment contract, using regulations and Latvian court practice. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Settlement of working time and pay disputes.
Description
Legal framework for working time records, employer's obligations in organizing and documenting working time records, and the importance of working time records data in calculating wages. Analysis of practical situations related to overtime work, night work, work on public holidays, organization of accumulated working time, and compliance with rest time requirements. Identification of causes of wage disputes, evaluation of wage calculations and evidence, analysis of the parties' burden of proof, and application of employee protection mechanisms. Possibilities for resolving individual labour disputes, including the use of negotiations and agreements, referral to the State Labour Inspectorate, and filing a claim in court. Resolution of practical cases by applying the provisions of the Labour Law and the Latvian court practice to develop skills in legally justifying working and rest time records and wage dispute solutions. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Lesson. Employee liability and violations of occupational safety duties. Analysis of legal situations, prerequisites for liability and issues of proof.
Description
Legal regulation of the obligations of the employee and the employer in the field of labour protection, identification of violations of labour protection requirements and assessment of their legal consequences. Preconditions for the disciplinary and civil (material) liability of the employee, conditions for the compensation of damages caused to the employer and limitations on the application of liability. The employer's liability for failing to provide a safe and healthy working environment, as well as the impact of the employee's failure to perform his or her duties on the allocation of liability. Determination of causality, fault and existence of damages, allocation of the burden of proof and evaluation of evidence in labour disputes. Analysis of practical legal situations, applying regulatory enactments and the practice of Latvian courts, in order to develop skills to legally determine the preconditions for liability and to assess possible legal remedies. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Study room
|
2
|
Topics
|
Lesson. Evaluation of the legality of termination of employment relationship.
Description
Analysis of the legal grounds and procedures for termination of employment, assessing the compliance of employer and employee termination, mutual agreement, and other forms of termination with regulatory requirements. Evaluation of the grounds, timelines, and procedures for employer termination, as well as the protection of employee rights. Analysis of practical situations related to unlawful termination, violations of the prohibition of discrimination, the rights of particularly protected employees, and the employer's obligation to prove the legality of termination. Assessment of the legal consequences of termination, including final settlement, severance pay, and compensation for unused leave. Analysis of employee protection measures, time limits for filing claims, and evidentiary issues, applying the provisions of the Labour Law and Latvian court practice. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Introductory lecture. The concept, system, and history of labour law. Subjects of employment legal relations.
|
|
Establishment of employment relationship. Employment contract, its conclusion procedure, content and amendment.
Description
The legal framework for the establishment of legal relations, the prerequisites and procedure for the conclusion of an employment contract, the essential elements and mandatory provisions of an employment contract, the rights and obligations of the employer and the employee before the commencement of employment relations and in the process of establishing them. The term, form, significance of the agreement of the parties and legal consequences of non-compliance with the requirements for the conclusion of an employment contract. The legal grounds and procedure for amending the content of an employment contract, the agreement of the parties on changes to the terms of the employment contract, as well as the limits of the permissibility of unilateral changes. Analysis of problematic issues in the application of the provisions of the Labour Law and the practice of Latvian courts. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Working time and rest time legislation.
Description
The concept, types and legal regulation of working time and rest time, the procedure for determining normal working time and part-time working time, the organization of working time, the legal regulation of overtime and night work. Record-keeping of working time, employer's obligations and protection of employee rights in the organization of working time. Types of rest time and the procedure for granting them, including breaks at work, daily and weekly rest, annual paid leave and additional leave. Peculiarities of the organization of working time in various forms of employment, ensuring work-life balance, as well as analysis of problems in the application of the legal regulation, taking into account the legal regulation of Latvia and the European Union and the case law. |
|
Wages and social security for employees.
Description
Legal framework of remuneration, remuneration systems and procedures for their determination, minimum wage, bonuses, bonuses and other payments related to the performance of work. Terms and procedures for payment of remuneration, deductions from remuneration and protection of employee rights in remuneration disputes. Social guarantees for employees, including holidays, legal framework for sick leave and other justified absence, maternity, paternity and parental rights guarantees, as well as the role of the state social insurance system in ensuring employee rights. Employer's obligations in the implementation of social guarantees, analysis of current legal application problems and Latvian court practice. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Occupational safety and health and employer and employee liability.
Description
Legal framework for occupational safety and health, employer and employee obligations in ensuring a safe and healthy work environment, assessment of work environment risks and implementation of preventive measures. Instruction and training of employees in occupational safety and health issues, the importance of mandatory health examinations and employer obligations in the event of accidents at work and the detection of occupational diseases. The prerequisites for the material, disciplinary and other legal liability of the employer and the employee, the procedure for applying liability and the issues of compensation for damages. Legal consequences of violations of occupational safety and health requirements, resolution of labour disputes and analysis of current issues, taking into account the Latvian regulatory framework, the legal norms of the European Union and the case law. |
|
Termination of employment legal relations.
Description
Legal framework for termination of employment, grounds and procedure for termination of employment contract, including employee and employer termination, agreement of the parties to terminate employment relationship and other cases of termination of employment contract provided for by law. Legal prerequisites for employer's termination, procedure, time limits and restrictions for termination, protection of employee against unlawful dismissal and rights of particularly protected employees. Legal consequences of termination of employment relationship, final settlement, compensation for unused leave and conditions for payment of severance pay. Contestation of termination of employment contract, means of protection of employee's rights, burden of proof and settlement of labour disputes, analysing the Latvian regulatory framework, EU law and case law. |
-
Lecture
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Lesson. Legal analysis of the employment contract. Assessment of the terms of the employment contract, legal risks and proportionality of the rights and obligations of the parties.
Description
Legal analysis of the content and form of the employment contract, assessing its compliance with the requirements of the Labour Law and other applicable regulations. Assessment of the essential and additional terms of the employment contract, including work duties, remuneration, working hours, rest time, place of work, confidentiality, competition restrictions, and material liability. Analysis of the legality and proportionality of the terms of the employment contract, identifying potential legal risks, restrictions on employee rights, and violations of employer obligations. Analysis of practical situations, improving skills in identifying inadequate or unclear contract terms, justifying their legal assessment, and developing proposals for clarifying the terms of the employment contract, using regulations and Latvian court practice. |
|
Settlement of working time and pay disputes.
Description
Legal framework for working time records, employer's obligations in organizing and documenting working time records, and the importance of working time records data in calculating wages. Analysis of practical situations related to overtime work, night work, work on public holidays, organization of accumulated working time, and compliance with rest time requirements. Identification of causes of wage disputes, evaluation of wage calculations and evidence, analysis of the parties' burden of proof, and application of employee protection mechanisms. Possibilities for resolving individual labour disputes, including the use of negotiations and agreements, referral to the State Labour Inspectorate, and filing a claim in court. Resolution of practical cases by applying the provisions of the Labour Law and the Latvian court practice to develop skills in legally justifying working and rest time records and wage dispute solutions. |
-
Class/Seminar
|
Modality
|
Location
|
Contact hours
|
|---|---|---|
|
On site
|
Auditorium
|
2
|
Topics
|
Lesson. Employee liability and violations of occupational safety duties. Analysis of legal situations, prerequisites for liability and issues of proof.
Description
Legal regulation of the obligations of the employee and the employer in the field of labour protection, identification of violations of labour protection requirements and assessment of their legal consequences. Preconditions for the disciplinary and civil (material) liability of the employee, conditions for the compensation of damages caused to the employer and limitations on the application of liability. The employer's liability for failing to provide a safe and healthy working environment, as well as the impact of the employee's failure to perform his or her duties on the allocation of liability. Determination of causality, fault and existence of damages, allocation of the burden of proof and evaluation of evidence in labour disputes. Analysis of practical legal situations, applying regulatory enactments and the practice of Latvian courts, in order to develop skills to legally determine the preconditions for liability and to assess possible legal remedies. |
|
Lesson. Evaluation of the legality of termination of employment relationship.
Description
Analysis of the legal grounds and procedures for termination of employment, assessing the compliance of employer and employee termination, mutual agreement, and other forms of termination with regulatory requirements. Evaluation of the grounds, timelines, and procedures for employer termination, as well as the protection of employee rights. Analysis of practical situations related to unlawful termination, violations of the prohibition of discrimination, the rights of particularly protected employees, and the employer's obligation to prove the legality of termination. Assessment of the legal consequences of termination, including final settlement, severance pay, and compensation for unused leave. Analysis of employee protection measures, time limits for filing claims, and evidentiary issues, applying the provisions of the Labour Law and Latvian court practice. |
Bibliography
Required Reading
LR Civillikums 15.nod. I apakšnodaļa. Ziņotājs, Nr.45, 1993.
Darba likums.
Dindune, R. Darba likuma komentāri. Rīga, Dienas Bizness, 2002.
Dubure, V. Darba tiesību pamatjēdzieni un to skaidrojumi. Rīga, LU, 1998.
Gailums, I. Darba likums. Komentāri. Tiesu prakse.1.,2.,3. grāmata, Rīga, Gailuma juridiskā biznesa biroja izdevniecība, 2003.-2004.
Joksts, O., Girgensone, B. Terminu skaidrojošā vārdnīca civiltiesībās (lietu tiesības, saistību tiesības). Rīga, SIA Drukātava, 2011.
Jebura Juridisko terminu vārdnīca.
Kārkliņa, A., Krēsliņš, Ē. Darba tiesību aktuālie problēmjautājumi//Jurista Vārds Nr. 12, 26.03.2019.
Rācenāja, Ņ. Darba līgums kā tiesību avots. Rīga, TURĪBA, 2009.
Sinaiskis, V. Saistību tiesības. Rīga, LU, 1940.
Slaidiņa, V., Skultāne, I. Darba tiesības. Papildināts izdevums. Rīga, Zvaigzne ABC, 2017.
Torgāns, K. Saistību tiesības I daļa. Mācību grāmata. Rīga, Tiesu namu aģentūra, 2006.
Additional Reading
Latvijas Republikas Satversme.
ANO Vispārējā Cilvēka tiesību deklarācija.
Starptautiskās darba organizācijas konvencijas.
Eiropas cilvēka tiesību un pamatbrīvību aizsardzības konvencija.