Positive action (Article 5 Directive 2000/43, Article 7 Directive 2000/78)

• Author: Kamenska, Anhelita
• Pages: 55-55

55

5 POSITIVE ACTION (Articl e 5 Directive 2000/43, Art icle 7 Directive

2000/78)

a) Scope for positive action measures

In Latvia, positive action is neither permitted nor prohibited in national law in respect of

racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Positive action has s o far been largely for eign to the Latvian leg al system, and there a re

no specific measures aimed at ensuring or promoting full equality or to compensate for

disadvantages linked with racial or ethnic origin, religion or belief, disability, age or

sexual orientation.

There is no indication that the Government might be considering adopting such

measures; in fact, in the absence of any reference in national legislation to the possibility

of positive action, it is highly doubtful that such measures, if adopted by a particular

employer, would be considered legal.

However, the State E mployment Service runs a project on activ e employment mea sures

for certain groups of unemployed persons. Among the eligible categories are persons

aged over 55 years and persons belonging to ethnic minorities who need to consolidate

their knowledge of the state language or their professional knowledge or experi ence in

order to increase t heir chances of obtaining a perman ent job. Within th e framework of

the project, 50 % (up to the official minimum salary) of the salary of the person is paid

by the state for up to 12 months. Similarly, there is a traineeship project for unemployed

young people aged 18 to 29, with a monthly wage contributed for up to six months and a

monthly subsidy of 50 % of the official minimum salary paid to the supervisor of two

unemployed youths.

There is also a p roject run by the State Employment S ervice aimed at the creation of

subsidised work placements specifically for persons with disabilities.

According to Cabinet of Ministers Regulations No. 75, employers hiring unemployed

persons with disabilities176 can be reimburs ed:

• by up to EUR 711;

• through a contribution (of at least the amount of the official minimum salary) to the

salary of a disabled person for up to 12 months;

• to cover the servic es of a sign langua ge interpreter (EUR 10.50 pe r hour,

proportionate to the ho urs worked by the pers on with disability, but for no more

than 40 hours per week);

• through occupational therapists or other specialists provided for the employment of

the disabled person;

• through a monthly subsidy of 50 % of the official minimum salary, paid to the

supervisor of the disab led employee, which helps to alleviate the burden on the

employer.177

b) Quotas in employment for people with disabilities

In Latvia, national law does not provide for a quota for people with disabilities in

employment.

176 These subsidies only apply if the individual has been officially recognised as disab led under the Disability

Law.

177 Latvia, Cabinet of Ministers Regulations No. 75 on the procedure for the organisation and financing of active

employment measures and preventive activities reducing unemployment and the sele ction principles of

implementers of measures, 25.01.2011, available in Latvian at: http://likumi.lv /ta/id/225425.