in accordance with Section 1 of the Law on holidays, Remembrance and Memorable days, May 4 – of the Republic of Latvia's restoration of independence day is determined as a public holiday. . If a public holiday – 4 May – the day of the for restoration of independence of the Republic of Latvia falls on a Saturday or Sunday, the next working day shall be determined as a holiday. the
Considering that May 4, 2024 - the day of restoration of independence of the Republic of Latvia falls on a Saturday, May 6, 2024 is a holiday.
May 6, 2024 is set to be an additional holiday, the number of working days is reduced. . Therefore, an employee who is not employed on 6 May 2024 but would have carried out work if a free day had not been determined, on the basis of Section 74, paragraphs one and three of the Labour Law, is to be compensated, thereby ensuring that the reduction in the number of working days does not result in a reduction of the employee's work remuneration.
If the employee is employed on May 6, 2024, overtime work may occur.
in accordance with Section 144, Paragraph two of the of the of the Labour Law, if it is necessary to ensure continuous work, it is permitted to employ an employee on a public holiday, granting him paid rest on another day of the week or paying an appropriate remuneration. . Consequently, any worker employed on a public holiday is entitled to paid rest on another day of the week or to adequate remuneration (b) U.. However, Section 68, Paragraph one of the Labour Law provides that an employee who performs overtime work or work on a public holiday shall receive a supplement in the amount of not less than 100 per cent of the hourly or daily wage rate determined for him or her. .
Thus, in the event that an employee carries out work on a public holiday - 4 May 2024, the parties have the right to agree on a compensation mechanism for such work - paid rest on another day of the week or a supplement.
If an employer does not grant rest on another day for a public holiday, overtime may also develop, for which a separate overtime allowance shall be paid in accordance with the provisions of Section 68 of the Labour Law. . Thus, if work on a public holiday also constitutes overtime work, the employer must pay both the overtime work bonus and the holiday work bonus for such work in addition to the agreed wage. Both premiums add up, they don't replace one otr U.. This view was also expressed by the Civil Affairs Department of the Senate of the Supreme Court of the Republic of Latvia in 2005, providing answers to questions regarding the application of the provisions of the Labour Law. .
at the same time, the draws attention to the fact that, in accordance with Section 136, Paragraph nine of the Labour Law, together with the agreement on overtime work or posting, the employee and the employer may agree that the allowance for overtime work shall be replaced by paid rest at another time in accordance with the number of overtime worked, as well as the procedures for granting such paid rest time. . Section 136, Paragraph ten of the Labour Law prescribes if an employee is not granted an allowance for overtime work, but it is replaced by paid rest, then such paid rest shall be granted within one month from the day of performance of overtime work, but if the employee has been determined the aggregated working time, paid rest shall be granted in the next reporting period, but not later than within three months. By agreement between the employee and the employer, paid rest may be added to annual paid leave by way of derogation from the general procedure laid down in this Part.