Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Kristīne Dupate
• Pages: 61-66

61

11Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1General (legal) context

11.1.1Surveys and reports about the particular difficulties related to obtaining legal

redress

There are no surveys and reports about the particular difficulties related to obtaining legal

redress.

11.1.2Other issues related to the pursuit of a discrimination claim

Discrimination claims are still rare in Latvia. It might be explained by the fact that, in

general, persons start claiming their employment rights when they are either in the

process of termination of an employment relationship or they have already been

dismissed. In equal pay cases, there are no effective means for access to information on

pay. Also, litigation expenses, including legal aid, might be too expensive for the majority

of the working population. Therefore, it is highly unlikely that the remedies are effective

in practice.

11.1.3Political and societal debate and pending legislative proposals

There is no political or societal debate or pending legislative proposals.

11.2Victimisation

Protection against victimisation is provided by:

-Article 9(1) of the Labour Law;

-Article 31(10) of the Law on the Protection of Consumer Rights;

-Article 21(8) of the Unemployed and Job-seekers Support Law;

-Article 31(4) of the Education Law;

-Article 6 of the Law on Prohibition of Discrimination of Natural Persons – Performers

of Economic Activity.

The Labour Law prohibits victimisation in a general provision prohibiting causing adverse

consequences to any employee who makes use of their rights. According to the findings

of the Supreme Court, such a general prohibition on causing adverse consequences is seen

as a breach of the principle of non-discrimination.172Provisions of the rest of the laws

mentioned, expressly implement the protection against victimisation in cases of

discrimination. All of them provide that it is prohibited to cause directly or indirectly

negative consequences to a person who has used his/her right with a view to protecting

his/her rights not to be discriminated against.

The protection against victimisation complies with the Directives. However, it would be

desirable to implement protection against victimisation also in the field of social security.

There may be numerous situations where individuals suffer from victimisation within the

scope of social security, for instance, in the access to social services provided by the

municipalities. Currently, the Law on Social Security does not provide such protection.

172 Decision of the Supreme Court of 14 November 2017 in case No. SKC-762/2017, point 9.3.