"The residents of the building have complaints about the janitor's work: unclear work schedule, low quality of cleaning in the stairwells, rudeness in communication (for example, 'you should stop making a mess yourselves,' 'for this money, are you expecting us to lick everything clean?,' etc.). Where to turn to have this person either fired or at least have a conversation with him about the unacceptability of such behavior? Reader from bb.lv"
First of all – an important legal point: in an apartment building, the janitor, as well as other technical workers, is most often not an employee of the residents directly. He is an employee of the management company. Therefore, the complaints of the residents (apartment owners) should be addressed to the employer of this person.
According to the Law on the Management of Residential Buildings (Dzīvojamo māju pārvaldīšanas likums), the manager is obliged to ensure sanitary maintenance of the building in accordance with the Cabinet of Ministers Regulations No. 906. Thus, to rectify the situation, residents should take a number of the following actions:
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Initial complaint to the manager (the first and mandatory stage). It is necessary to draft a collective (preferably) or individual complaint to the management of the management company (for example, Rīgas namu pārvaldnieks or a private firm). Specify the specific facts of non-fulfillment of duties (dates when cleaning was not done) and quotes of insults. It is best to submit the complaint through the manager's portal, by registered mail, or in person with a receipt acknowledgment.
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Quality control (recording acts). The assessment of "poorly cleaned" is subjective. A legally significant argument is the "Act on Unsatisfactory Quality of Service." Such an act can be drawn up in free form, and it needs to be signed by several neighbors. Next – photo documentation (for example, a photograph of dirt in the stairwell). Based on such acts, residents (owners) have the right to demand from the manager a recalculation (reduction of payment) for the service "sanitārā uzkopšana." As soon as this hits the manager's wallet, the issue with the janitor will be resolved swiftly.
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Appeal to the Health Inspectorate (Veselības inspekcija). If unsanitary conditions arise in the stairwells due to poor cleaning, a complaint can be submitted to the Health Inspectorate. They can conduct an inspection and issue an order to the manager to rectify the violations.
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Decision of the homeowners' association. If the manager ignores the complaints, and the janitor continues to work just as poorly, the apartment owners can make a decision to change the management form or put forward a strict demand to the manager to replace specific personnel/subcontractors. A decision of this kind requires 50% + 1 vote.
Regarding rudeness. If the janitor uses foul language in a public place, threatens, or simply behaves aggressively, this, according to the Administrative Offenses Law, may be classified as petty hooliganism. In this case, municipal police (Rīgas pašvaldības policija) can be called to document the fact.
Regarding dismissal: residents cannot directly dismiss the janitor, as they are not a party to the employment contract concluded with him. However, by taking the actions described above, residents can create conditions under which it would be more beneficial for the manager to part ways with this employee than to pay fines or make recalculations for the residents.
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