Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)
Author | Kristīne Dupate |
Pages | 51-55 |
51
8Self-employed workers (Directive 2010/41/EU and some relevant
provisions of the Recast Directive)
8.1General (legal) context
8.1.1Surveys and reports on the specific difficulties of 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 endangering their health and safety. They are also
insufficiently socially protected. Although statutory social insurance is mandatory for the
self-employed, the obligation to provide contributions starts only if the annual income of
the self-employed person attains 12 monthly statutory minimum salaries. Self-employed
persons are obliged to contribute from an amount equal to the 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
8.1.2Other issues
There are no other issues to report.
8.1.3Overview 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.
8.1.4Political and societal debate and pending legislative proposals
There is no political or societal debate or pending legislative proposals relevant to gender
equality in self-employment.
8.2Implementation of Directive 2010/41/EU
National legal acts relevant to Directive 2010/41/EUinclude 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. 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 regulation did not result from implementation of
145‘Self-employment in Latvia and improvement of legal regulation with a view to promoting better working
conditions’ (Pašnodarbintba Latvija un tiesisk reguljuma pilnveide pašnodarbinto darba apstku
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 socilo apdrošinšanu), No. 274/276, 21 October
1997.
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