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The COVID-19 certificate is issued in Latvia to people vaccinated or relapsed with COVID-19.
According to the authors of the draft amendments to the law, they form a new approach to stop the spread of COVID-19 infection, protecting the health of all members of society, forcing state institutions to provide epidemiologically safe services and employers to create epidemiologically safe. working conditions.
The COVID-19 certificate will be required for health, social care and education workers.
Employers will be required to identify the job categories and employees for whom this certificate will be required and to inform employees accordingly.
The bill to reform the law assumes that in cases where a worker does not have the COVID-19 certificate required for the performance of their duties, this fact is sufficient reason to believe that said worker cannot perform the functions prescribed in relation to with defined epidemiologically safe work or services. At the same time, the bill provides for the right of the employer and the employee to agree to the latter’s work in other positions and without such a certificate.
In cases where a person cannot obtain a COVID-19 certificate for objective and explanatory reasons, the employer does not have the right to terminate the employment relationship and a possible dispute must be resolved in accordance with the laws and regulations governing the employment relationship. .
The bill also states that an employer cannot terminate an employment contract or employment relationship with a pregnant woman other than COVID-19, as well as with women after childbirth for up to one year or while breastfeeding, but no more. two years.
At the same time, by introducing the obligation to vaccinate workers in certain areas, the State assumes responsibility for the damage caused to their health as a result of vaccination.
Amendments to the law oblige all government officials, including security personnel, to possess COVID-19 certificates, except members of the judiciary (judges, notaries, bailiffs), for whom it is sufficient to have a negative COVID-19 test for a certain period of time.
The Ministry of Justice, after analyzing the compliance of these reforms to the law with the Constitution, stated that it did not violate the basic law of the country.
The report of the Ministry emphasizes that the rights to the inviolability of private life defined in an article of the Constitution, that is, the right of a person to dispose of his body, to make decisions that affect his life and ample opportunities to live a will, can be restricted. by another article of the Constitution. to protect the rights of other members of society, the democratic state system, public safety, well-being and morals.
In its conclusions, the Ministry also presents further arguments in support of these amendments.
For its part, the Constitutional Court has clarified that the legislator has the right to raise the requirements for certain professional activities to the extent necessary for the public interest.
“The right to freely choose the type of occupation, to the preservation of the profession, may be restricted, but the corresponding restriction must be established by law, which fulfills one of the legitimate purposes specified in Article 116 of the Constitution and is provided “.
The final decision on these amendments to the law will be made by the Saeima (Parliament of Latvia).
