Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Kristīne Dupate
• Pages: 51-55

51

8 Self-employed workers (Directive 2010/41/EU and some relevant

provisions of the Recast Directive)

8.1 General (legal) context

8.1.1 Surveys and reports on the specific difficulties o f self-employed workers

There are no specific surveys and reports on the practical difficulties linked to self-

employed workers from a gender perspective. In 2018, a research study145 requested by

the State Labour Inspectorate was carried out regarding the factual situation of the self-

employed in Latvia, looking at various aspects. It was concluded that self-employed

persons regularly work overtime thus endangerin g their health and safety. They are also

insufficiently socially p rotected. Although statutory social insurance is mandatory for the

self-employed, the obliga tion to provide contributions starts only if the annual income of

the self-employed person attains 12 m onthly statutory minimum salaries. Self-employed

persons are obliged to contribute from an amount equal to t he statutory minimum salary

even if they earn more in reality. It leads to the situation that the majority of self-employed

are contributing from this minimum amount, which means that in the case of social risk,

they are only entitled to the allowance in a minimum amount, i.e., not reflecting their

normal income. The self-employed person is entitled to statutory social insurance benefits

only for which respective contributions have factually been made.146

8.1.2 Other issues

There are no other issues to report.

8.1.3 Overview of national acts

National legal acts relevant to Directive 2010/41/EU are the Law on Non-Discrimination of

Natural Persons – Performers of Economic Activities, prohibiting discrimination with regard

to access to self-employment and access to and supply of goods and services necessary

for the activities of self-employment, and the Law on Statutory Social Insurance, providing

the right to social insurance allowances during pregnancy/maternity leave.

8.1.4 Political and societal debate and pending legislative proposals

There is no political or societal debate or p ending legislative proposals relevant to gender

equality in self-employment.

8.2 Implementation of Directive 2010/41/EU

National legal acts relevant to Directive 2010/41/EU include the Law on Non-Discrimination

of Natural Persons – Performers of Economic Acti vities, prohibiting discrimination with

regard to access to self-employment and access to and supply of goods and services

necessary for the activities of self-employment. The entire law is dedicated to the

protection of the self-employed against discrimination. The Law on Statutory Social

Insurance provides the obligation of the self-employed to participate in the statutory social

insurance system and consequently acquire protection in case of social risks. The self-

employed are insured against risks of pregnancy/maternity, parenting, sickness, disability

and old-age. Statutory social insurance regu lation did not result from implementat ion of

145 ‘Self-employment in Latvia and improvement of legal regulation with a view to promoting better working

conditions’ (Pašnodarbintba Latvija un tiesisk reguljuma pilnveide pašnodarbinto darba apstku

uzlabošanai), 2018, available in Latvian at:

http://www.vdi.gov.lv/files/osha/5.nodevums_Galazinojums.pdf.

146 The Law on Statutory Social Insurance (Likums par valsts socilo apdrošinšanu), No. 274/276, 21 October

1997.