Updated October 22, 2024.
If an employer uses a job advertisement to attract candidates, they must adhere to the provisions of Article 32 of the Labor Law when creating the content of the advertisement.
Restrictions to consider when preparing a job advertisement:
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The job advertisement must not refer only to men or only to women, except in cases where belonging to a specific gender is an objective and justified prerequisite for performing the relevant work (first part of Article 32).
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The job advertisement must not specify age restrictions, unless the law prohibits persons of a certain age from performing the relevant work (second part of Article 32).
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The job advertisement must not require specific foreign language skills, unless it is justifiably necessary for the performance of work duties. Foreign language skills are not considered necessary for work duties if the work is related to manufacturing goods, providing services, or other activities in the internal market of Latvia. This rule may not apply to jobs in the internal market where foreign language proficiency is an objective and justified prerequisite, especially if the job involves international relations (second part of Article 32).
If the employee works in the Latvian internal market and there is no direct objective link to foreign countries, then specifying foreign language skills is not justified. In such cases, the principle outlined in the Labor Law applies, indicating that foreign language skills are unnecessary and should not be specified. For example, this applies to professions such as salespersons, cashiers, warehouse workers, and various other roles.
Conversely, if the work is done in the Latvian market and there is an objective connection to foreign countries, then requiring foreign language skills for certain professions may be justified. For instance, this includes jobs involving direct contact with foreigners temporarily residing in Latvia, such as tour guides or hotel administrators.
In jobs where the performance itself is objectively impossible without knowledge of a foreign language, then specifying language skills is justified. Examples include translators, foreign language teachers, and pilots (where professional communication in English is required with air traffic control).
The job advertisement must include:
- The name of the employer (individual or legal entity) and their registration number, or the name of the personnel selection company and its registration number, if applicable.
- The total gross monthly or annual salary or the expected range of hourly wage rates.
- A justification for the necessity of foreign language skills.
Important Note: Employers must consider whether the requirement for specific foreign language skills is justified. The obligation to justify the requirement for foreign language skills in the job advertisement rests with the employer.
Employers are not entitled to require specific foreign language skills from an employee if using that language does not fall within their job duties. If the job does not require the use of a foreign language, the employer cannot prevent the employee from using the official language.
If, in establishing labor relations, the employer violates the prohibition against discriminatory treatment, the candidate has the right to file a claim in court within three months from the date they received the employer's refusal to establish a labor relationship (first part of Article 34 of the Labor Law).
If the labor relationship was not established due to a violation of the prohibition against discriminatory treatment, the candidate does not have the right to demand the establishment of that relationship through coercion (second part of Article 34).