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

AuthorKristīne Dupate
Pages51-55
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.

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