Date of the judgment: 02.05.2019.
Official publication: 07.05.2019.
On Compliance of Para 1 of Section 14 (7.1) of the law “Remuneration of Officials of State and Local Government Authorities” with the first sentence of Article 91 of the Satversme of the Republic of Latvia
Case short name: Overtime work for persons employed in the Prisons AdministrationThe Constitutional Court held:
To recognise Para 1 of Section 14 (7.1) of the law “Remuneration of Officials of State and Local Government Authorities” as being incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia.
To recognise Para 1 of Section 14 (7.1) of the law “Remuneration of Officials of State and Local Government Authorities” as void as of the moment when a person’s fundamental rights were infringed upon with respect to all persons, who, to defend their rights, have turned to a court in the procedure established in the Administrative Procedure Law and with respect to which the administrative proceedings in the court have not been completed yet, as well as to such persons, who, to defend their rights have turned to the court in the procedure established in the Administrative Procedure Law and with respect to which the administrative proceedings already have been completed.
Press-releases
- The norm that regulates remuneration for overtime work for the officials with special service ranks is incompatible with the equality principle included in the Satversme
- A case initiated with respect to a norm that envisages paying to officials of the system of the Ministry of the Interior or the Prison Administration for performing duties of service at the time, when it was impossible to grant rest time, in accordance with the established hourly salary rate