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“High standards of professional work.” (IFLR1000, 2017)

08.01.2020

Attālinātais darbs zem darba aizsardzības lupas

The January 2020 edition of iTiesības published an article by Dace Driče, Attorney at Law at PRIMUS DERLING, on amendments to the Labour Protection Law that will take effect on 1 July 2020.

What is remote work?

Three criteria must be met at the same time in order to be recognized that a person performs remote work: a job can be done both remotely or at the employer; the employee works remotely on a permanent or regular basis; there is a written agreement between the employee and the employer on performance of remote work.

Risk assessment for remote work

The amendments partially alleviate the obligation on the employer to provide internal monitoring of the work environment within the company by requiring the employer to carry out an environmental risk assessment for the particular type of work (e.g., programmer), rather than the workplace. If, on the other hand, the employee performs remote work continuously in one place, the employer shall carry out an environmental risk assessment for the particular workplace, provided that the employer and the employee have mutually agreed thereon.

Changes for the self-employed

The amendments stipulate that, if the employee carries out work with the employees of the recipient of the service in the premises of his undertaking, the recipient of the service must provide the self-employed with the same safe working environment as his own employees. In such cases, the self-employed, in his turn, is obliged to comply with the instructions of the recipient of the service on labour protection, as well as the obligations applicable to the employees of the recipient of the service, insofar as they do not conflict with the status of self-employed.

Labour protection services

The legislator has clarified the definition of labour protection specialist and competent specialist. The definition of a labour protection specialist emphasizes that he or she is an employee of the company or a person having service relationship with the company, while a competent professional is a provider of outsourced services.
The definition of competent authority has also been supplemented by emphasizing that a competent authority is entitled to provide services only if it has been granted the status of competent authority in accordance with the Cabinet regulations.

The full article is available in the January 2020 issue of iTiesības.