What additional obligations will the employer undertake from March 16, 2021 in connection with the emergency situation introduced in Latvia?

From March 16, 2021, the amendments to Cabinet Order No. 655 “Regarding Declaration of the Emergency Situation” dated November 6, 2020, came into force.

According to these amendments, the clause 5.35. has been supplemented with an additional clause 5.35.4 which obliges the employer to appoint employees who perform work duties on a full-time basis to ensure continuity of work, defining the appropriate internal control measures at the workplace.

Now the clause 5.35. says the following:

The employer has an obligation:

• to provide the employees the possibilities to work remotely if the specific nature of the work allows it;
• to ensure personal protective equipment to employees for work on site which are necessary for the performance of work duties (for example, mouth and nose covers, aprons, coveralls);
• to specify measures for the containment of the spread of COVID-19 in the work collective, appointing a person responsible for the introduction of such measures at the working place and informing employees of the abovementioned measures;
• to appoint employees who perform work duties on a full-time basis to ensure continuity of work, defining the appropriate internal control measures at the workplace.

As a proof that the above-mentioned requirements have been fulfilled might serve internal documents approved by the company (orders, regulations, decisions etc.) with which employees must be familiarized in writing.

In addition, according to the clause 5.35.1. the employer is obliged to organize work in such a way that full-time work is performed only by those employees who ensure the continuity of work and cannot perform it remotely at their place of residence. If the employee and the employer have not agreed to work remotely, the employer has the right to unilaterally transfer the employee to a remote location.

After the end of the emergency situation, remote work is carried out on the basis of an agreement between the parties.

Thus, by leaving employees at work to perform their work duties in person, the employer must be able to justify the presence of employees in the workplace and to draw up a respective document.