POLICY REPORT ON IMMIGRATION AND ASYLUM IN LATVIA ...

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Changes in other laws are also planned in relation to the amendments to the Labour
Law. The prepared amendments to the Latvian Administrative Violations Code 102 envisages an
administrative fine to employers for employment of illegally staying third-country nationals.
The amount of a fine for natural persons is planned in the amount of 150-350 lats, for legal
entities 750-3,000 lats. A fine is envisaged for employment of more than five such persons for
natural persons in the amount of 350-500 lats, for legal entities 3,000-10,000 lats. 103
Amendments to the Criminal Law provide in specific cases, criminal liability of an employer
for employment of third-country nationals who have entered the state illegally. It is planned to
apply it if a minor is employed, if people have been employed in particularly exploiting work
conditions, or if a victim of human trafficking has been employed intentionally. Punishment to
an employer for such offences is arrest, forced labour or a fine in the amount of up to 200
minimum monthly wages. 104
On 7 September 2010, a meeting was held in the Ministry of Interior regarding the
matters of labour force exploitation. The meeting was attended by experts in combating and
prevention of human trafficking from the Prosecutor General’s Office, the State Police, the
State Border Guard, the Ministry of Foreign Affairs, the Ministry of Welfare and Society
"Shelter "Safe House"", as well as institutions which until now were not involved in combating
and prevention of human trafficking - State Work Inspections and the State Employment
Agency.
During the meeting, its participants agreed that a common understanding of labour
force was necessary, by developing updated criteria for the practical identification of labour
force exploitation, increased focus on detection of possible victims of labour force, as well as
on cooperation among the institution in provision of information to a potential victim who
leaves the country for work abroad and a victim of labour force exploitation. 105
In 2010, the State Border Guard, in compliance with Section 189 of the Latvian
Administrative Violations Code for employment without a passport or work permit, called
employers to account in 22 cases. 106
Latvia is rarely used as a transit country for fulfilment of a return decision or
deportation order which has been passed by another Member State of the European Union, thus
102 Latvian Administrative Violations Code.// Ziņotājs, No.51, 20.12.1984.
103
Executive summary to draft law "Amendments to the Latvian Administrative Violations Code".//
http://www.mk.gov.lv/lv/mk/tap/pid=40194426 - [see: 24.11.2010]
104 Executive summary to draft law "Amendments to the Criminal Law".//
http://www.mk.gov.lv/lv/mk/tap/pid=40194427 - [see: 24.11.2010]
105 Pastiprinās cīņu pret darbaspēka ekspluatāciju (Fight Against Labour Force Exploitation Increases)/
http://www.iem.gov.lv/lat/aktualitates/informacija_medijiem/doc=19025 - [see: 25.11.2010]
106 Information provided by officials of the State Border Guard.