Statutory schemes of social security (Directive 79/7)

• Author: Kristīne Dupate
• Pages: 48-50

48

7 Statutory schemes of social security (Directive 79/7)

7.1 General (legal) context

7.1.1 Surveys and reports on the practical difficulties linked to statutory schemes of social

security (Directive 79/7)

There are no specific surveys and reports on the practical difficulties linked to statu tory

social security schemes.

7.1.2 Other relevant issues

No other relevant issues detected.

7.1.3 Overview of national acts

The Latvian social security system embracing social security, social insurance, social

services and educa tion, in gen eral, is regulated by the umbrella law – the Law on Social

Security.137

The main legal act regulating matters under Directive 79/7/EEC is the Law on Statutory

Social Insurance,138 defining the material and personal scope of the statutory social

insurance system in Latvia. It is then supplemented by more specific laws regulating the

entitlement and calculation of specifi c social insurance allowances again st particular risks

– the Law on Mate rnity and Sickness Insuran ce regulates entitlement an d calculation of

pregnancy/maternity, paternity, parental and sickness allowances;139 the Law on State

Pensions140 regulates the rights to old-age and disability pensions; the Law on

Unemployment Insurance141 regulates the rights to unemployment allowance; and the Law

on Mandatory Social Insurance Against Accidents at Work and Occupational Di seases,142

the right to respective allowances.

7.1.4 Political and societal debate and pending legislative proposal s

There is no political or societal debate and there are no pending legislative proposals

regarding the necessary impro vement of the stat utory social insu rance system from the

gender perspective. There is only a debate on the need to increase the contributions for

the old-age pension, made by the state in favour of parents on parental leave, since their

level does not even reflect statutory minimum pay.

7.2 Implementation of the principle of equal treatment for me n and women in

matters of social security

Article 21 of the Law on Social Security prohibits discrimination in the statu tory social

security system on various grounds, explicitly including sex. It prohibits direct and indirect

discrimination, harassment and the instruction to discriminate. As described in other

sections of the current report, there is no protection against sexual harassment, and the

definition of indirect discrimination is incorrect because it requires being in a situation

comparable with that of another person.

137 Likums ‘Par socilo drošbu’, Official Gazette No. 144, 21 September 1995.

138 Likums par valsts socilo apdrošinšanu, No. 274/276, 21 October 1997.

139 Likums ‘Par maternittes un slimbas apdrošinšanu’, Official Gazette No. 182, 23 November 1995.

140 Likums ‘Par valsts pensijm’, Official Gazette No. 182, 23 November 1995.

141 Likums ‘Par apdrošinšanu bezdarba gadjumam’, Official Gazette No. 416/419, 15 December 1999.

142 Likums ‘Par obligto socilo apdrošinšanu pret nelaimes gadjumiem darb un arodslimbm, Official

Gazette No. 179, 17 November 1995.