Compliance and enforcement aspects (horizontal provisions of all directives)

AuthorKristīne Dupate
11 Compliance and enforcement aspects (horizontal provisions of all
11.1 General (legal) context
11.1.1 Surveys and reports about the particular difficulties related to obtaining legal
There are no surveys and reports about the particular difficulties related to obtaining legal
11.1.2 Other 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 the y have already be en
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.
11.1.3 Political and societal debate and pending legislative proposals
There is no political or societal debate or pending legislative proposals.
11.2 Victimisation
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 p rohibiting 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.172 Provisions of the rest of the law s
mentioned, expressly implement the protection against victimisation in case s 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 prot ection against victimisation complie s with the Directives. However, it would be
desirable to implement protection a gainst 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 t o social services provided by th e
municipalities. Currently, the Law on Social Security does not provide s uch protection.
172 Decision of the Supreme Court of 14 November 2017 in case No. SKC-762/2017, point 9.3.

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