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Workplace explanations give employees a chance to challenge allegations

Thursday 17th September 2026 on 06:45 in Latvia

employment law, labour rights, latvia

Employees asked to explain a workplace incident in writing can use the document to present their version of events and challenge allegations against them, LSM reported.

The State Labour Inspectorate said employers may request a written explanation when a workplace conflict arises or a possible violation is suspected. The requirement is set out in Latvia’s Labour Law, and the explanation has legal force.

“If a violation by an employee is established, such as a failure to follow workplace rules or comply with the employment contract, the Labour Law requires the employer to request an explanation,” said Marīte Noriņa, a representative of the State Labour Inspectorate.

The Latvian Free Trade Union Confederation said a written explanation must be requested before an employer imposes a disciplinary penalty, such as a warning or reprimand, or dismisses an employee.

However, refusing to provide an explanation does not prevent an employer from imposing a disciplinary penalty or terminating an employment contract, said Kaspars Rācenājs, a lawyer with the Latvian Free Trade Union Confederation. In that case, the employer relies on the information already available.

Rācenājs said court practice indicated that even if an employer had not requested an explanation, a court would probably not consider that procedural breach serious enough to invalidate a dismissal if the violation itself was substantial and proven in court.

Employees should therefore provide a written explanation, Noriņa said, because the requirement gives them an opportunity to express their view of the situation. If they disagree with the employer’s allegations, they should state this in writing and explain the circumstances in as much detail as possible, Rācenājs said.

The law does not specify how long employees have to submit an explanation. Rācenājs said the response could be requested immediately when the question was straightforward, such as whether an employee had been at work the previous day.

Source 
(via LSM)