REPUBLIC OF LITHUANIA
LAW
ON SECONDMENT OF PERSONS TO INTERNATIONAL INSTITUTIONS AND INSTITUTIONS OF THE EUROPEAN UNION OR FOREIGN INSTITUTIONS
4 July 2007 No X-1262
Vilnius
(As last amended on 15 October 2020 – No XIII-3326 )
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall stipulate the approval of priorities for secondment of persons to international and EU institutions or foreign institutions, coordination of secondment, the principles of selection of candidates for posts to which they may be seconded, the procedure for seconding, establishment of the secondment reserve to election observation missions, determination of remuneration of seconded persons and provision of social guarantees to them.
2. This Law shall apply to career civil servants and statutory civil servants, including where they are posted or temporarily transferred to the European External Action Service in accordance with Article 2(e) of the Conditions of Employment of Other Servants of the European Union laid down by Council Regulations No 31 (EEC), 11 (EAEC) of 18 December 1961 (OJ 2004 special edition, Chapter 1, Volume 2, p. 5), as last amended by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 (OJ 2013 L 287, p. 15), and to state officials to whom the Law of the Republic of Lithuania on the Civil Service does not apply and who may be seconded under the laws governing their activities as well as this Law (hereinafter: ‘state officials’), also to other persons.
3. This Law shall not apply to Lithuanian servicemen and civil servants in national defence system, intelligence officers serving under an intelligence officer’s service contract and employees working under an employment contract, participating in international military operations, exercises and other events of military cooperation held abroad, servicemen posted to foreign and international military or defence institutions, academic workers posted to work at European schools, persons carrying out or leaving abroad to carry out Lithuanian education activities, experts leaving to work in Lithuanian communities, organisations and cultural institutions abroad, also persons whose secondment may not proceed according to the laws regulating their activities.
4. This Law shall not apply to secondment of persons to election observation missions of the European Union, with the exception of Article 10, Article 11(1) and (2), Article 12, Article 13, Article 14 and Article 16(2) of this Law, which apply mutatis mutandis to the selection of candidates for secondment to such missions, and Article 23(2) of this Law.
5. This Law shall not apply to secondment of persons to the posts of lower ranking than those of head of mission or deputy head of mission in missions of the Organisation for Security and Cooperation in Europe, including its field offices, as specified in the list approved by the Minister of Foreign Affairs of the Republic of Lithuania, where this Organisation bears the costs of subsistence and accommodation, with the exception of Article 10, Article 11(1) and (2) and Article 16(2) of this Law, which apply mutatis mutandis to the selection of candidates for secondment to such missions, including its field offices, and Article 23(2) of this Law.
Article 2. Definitions
1. ‘Secondment’ means transfer or posting of career civil servants, statutory civil servants and state officials as well as posting of other persons to work at international and EU institutions or foreign institutions (hereinafter: ‘host institutions’).
2. ‘Secondment reserve to election observation missions’ (hereinafter: a ‘secondment reserve’) means a list of candidates who may be seconded to international and European Union election observation missions (hereinafter: ‘election observation missions’) to be drawn up in accordance with the procedure laid down in Chapter IV of this Law.
3. ‘Secondment-related expenses’ means the expenses specified in Articles 17, 24 and 25 of this Law.
4. ‘Secondment priorities’ means the areas of activities of international and EU institutions or foreign institutions, positions at international and EU institutions or foreign institutions, where the work of the persons seconded thereto conforms to the domestic and foreign policy priorities, goals and international commitments of Lithuania.
5. ‘Other persons’ means persons other than career civil servants, statutory civil servants or state officials.
6. ‘National contingent’ means all persons in a civilian international or European Union mission or operation (hereinafter: a ‘mission’) seconded by the Republic of Lithuania.
7. ‘Family members’ means the spouse of a seconded person who has accompanied the seconded person abroad and resides together with him, minor children/adopted children of the seconded person and/or of his spouse or children/adopted children of full age under the age of 20, on condition that they are unmarred, have not completed secondary education and have a common household with the seconded person, as well as dependants (irrespective of their age).
The persons whose guardian or custodian is the seconded person and/or his spouse appointed in accordance with the procedure laid down by laws regulating guardianship and curatorship matters shall be considered dependants.
8. ‘International and EU institutions’ means international organisations and institutions, EU institutions and agencies, institutions established by the European Commission or the Council, organisations (consortiums) established jointly by the European Commission and the Member States of the European Union, international and EU civilian missions or operations ting seconded persons.
Article 3. Seconding institutions
Seconding institutions shall be as follows:
1) as regards career civil servants and statutory civil servants (with the exception of officers of the internal service system), state officials (with the exception of prosecutors) – the state and municipal institutions and agencies of the Republic of Lithuania whereat these persons hold posts;
2) as regards officers of the internal service system – the central statutory agencies within the area of governance of the Minister of the Interior of the Republic of Lithuania or the Minister of Finance of the Republic of Lithuania, respectively;
3) as regards prosecutors – by the Prosecutor General’s Office of the Republic of Lithuania (hereinafter collectively: ‘state institutions’);
Article 4. Secondment priorities and approval thereof
2. National secondment priorities shall be approved by the Government of the Republic of Lithuania on a recommendation of the Minister of Foreign Affairs and subject to prior consideration in the Committee on Foreign Affairs of the Seimas of the Republic of Lithuania. When approving the priorities, account shall be taken of priorities of Lithuania’s domestic and foreign policy, goals and international commitments thereof, also of proposals of state institutions. These priorities shall be reviewed at least every four years. Approval of the national secondment priorities shall be effected together with establishment of preliminary proportions of allocation of funds for secondment to EU institutions and agencies and secondment to other international institutions or foreign institutions.
3. Ministries, state institutions not assigned to the areas of governance of the ministers, where the head of such institutions is the manager of appropriations of the state budget of the Republic of Lithuania in accordance with the Law of the Republic of Lithuania on the Budget Structure, on the basis of the representation in international and EU institutions assigned to their remit, may lay down departmental secondment priorities (hereinafter: ‘departmental priorities’) approved by the head of this institution. Institutions assigned to the area of governance of a minister shall act in compliance with the departmental priorities approved by that minister. The departmental priorities shall supplement national secondment priorities with the areas of activities of representation in international and EU institutions assigned to seconding institutions and with positions not included in the national secondment priorities. A seconding institution shall act in compliance with the departmental priorities when adopting a decision to undertake to cover secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated to it in accordance with Article 6(2), Article 8(3) and Article 20(3) of this Law, where the area of activities or the post to which secondment is planned is not included in the national secondment priorities.
Article 5. Coordination of secondment
2. Seconding institutions shall submit to the Ministry of Foreign Affairs, in the first month of each quarter of the year, information on the secondment-related expenses of each person during the previous quarter, reimbursed by the seconding institution, as well as information on secondment which started or ended during the previous quarter.
Article 6. Provision of information on vacant posts at host institutions and information on secondment needs
1. On receipt of information on vacant posts at host institutions to which persons from Lithuania may be seconded, seconding institutions, diplomatic missions of the Republic of Lithuania in foreign states, missions of the Republic of Lithuania to international organisations, consular posts and special missions shall, in accordance with the procedure laid down by the Government or an institution authorised by it, provide the entire received information to a body authorised by the Government or the Ministry of Foreign Affairs. The body authorised by the Government shall publish the received information in accordance with the procedure laid down by the Government or the body authorised by the Government.
2. Upon assessing the information referred to in paragraph 1 of this Article and taking into account needs for secondment to that post, seconding institutions shall submit to the Ministry of Foreign Affairs and a body authorised by the Government reasoned proposals on the recognition of positions as conforming to national secondment priorities and the expediency of covering the secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for that purpose. A seconding institution, taking into account the secondment priorities, may inform about its consent to reimburse the secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated to it.
Article 7. Submission of a conclusion on recognition of positions at host institutions as conforming to national secondment priorities and the possibility of covering the secondment-related expenses
1. The Ministry of Foreign Affairs, having received a reasoned proposal of a seconding institution referred to in Article 6(2) of this Law or having evaluated the information referred to in Article 6(1) of this Law on its own initiative, shall prepare a conclusion on recognition of positions at a host institution as conforming to national secondment priorities and the possibility of covering the secondment-related expenses, unless the host institution reimburses such expenses (hereinafter: a ‘conclusion’).
2. In preparing a conclusion, the Ministry of Foreign Affairs shall act in compliance with national secondment priorities, take account of reasoned proposals of seconding institutions on recognition of positions at host institutions as conforming to the national secondment priorities and consider the possibility of covering the secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated for that purpose to the Ministry of Foreign Affairs having regard to the amount of such appropriations for the year in question.
3. Where a position in a mission conforms to national secondment priorities but the Ministry of Foreign Affairs, taking into account appropriations of the state budget of the Republic of Lithuania allocated for that purpose to it, does not have the possibility to allocate such appropriations for financing the secondment to this post and other seconding institutions have not informed the Ministry of Foreign Affairs about a decision to undertake to reimburse the secondment-related expenses, the Ministry of Foreign Affairs may, upon receipt of an application of a person/persons seconded to a specific mission for admission to selection announced by a host institution to a higher ranking post in the same mission and, taking into account the possible need for additional funds related secondment, decide that the selection of candidates for vacant posts is carried out only from among the persons seconded to the same mission pursuant to this Law.
Article 8. Principles of selection of candidates
1. The selection of candidates for posts at host institutions shall be carried out where a conclusion indicates that a specific position conforms to national secondment priorities and the secondment-related expenses will be covered from appropriations of the state budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for that purpose or that the expenses are reimbursed by a host institution.
2. Where a conclusion states that a position conforms to national secondment priorities but the secondment-related expenses may not be covered from appropriations of the state budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for that purpose because the amount of these appropriations is insufficient, the selection may be initiated when the seconding institution consents to reimbursement of the secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated to it.
3. The selection of candidates may also be initiated when the Ministry of Foreign Affairs approves the selection of candidates for posts conforming to departmental priorities and a seconding institution consents to reimbursement of the secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated to it or when the expenses are reimbursed by a host institution.
4. The number of candidates for a specific post at a host institution shall be selected as requested by the host institution or as specified in a conclusion by the Ministry of Foreign Affairs or depending on the number of candidates the expenses whereof another seconding institution consents to reimburse.
Where the host institution carries out the final selection of candidates and allows nomination of more than one candidate for a single post, more than one candidate for the same post may be selected and nominated to the host institution.
Article 9. State institutions selecting candidates
1. The selection of candidates shall be organised and carried out by a body authorised by the Government in accordance with the procedure laid down by the Government or an institution authorised by it, except for the cases specified in paragraphs 2, 3, 4 and 5 of this Article.
2. A body authorised by the Government shall instruct another state institution to carry out the selection of a candidate in accordance with the procedure laid down by the Government or an institution authorised by it where the nature of a post at a host institution relates exclusively to the functions of the state institution concerned and, in compliance with the requirements laid down by the host institution, only a person employed with this state institution may be seconded to that post.
3. The selection of candidates for posts at host institutions to which only diplomats may be seconded shall be organised and carried out by the Ministry of Foreign Affairs in accordance with the procedure laid down by the Government or an institution authorised by it.
4. The selection of candidates for missions shall be organised and carried out by the Ministry of Foreign Affairs in accordance with the procedure laid down in Chapter IV of this Law.
5. In the cases referred to in Article 8(2) and (3) of this Law, the selection of candidates shall be organised and carried out in accordance with the procedure laid down by the Government or an institution authorised by it by a seconding institution reimbursing the secondment-related expenses, after obtaining the consent of the body authorised by the Government. In the absence of such consent, the selection of candidates shall be carried out by a body authorised by the Government.
Article 10. Requirements for candidates
1. The selection of candidates shall be carried out according to the requirements laid down for candidates by a host institution.
2. The following persons may not participate in the selection of candidates:
1) a person who has been deprived, by court, of the right to hold post equivalent to that in a host institution for which he stands as a candidate;
2) a person who has been declared by the court legally incapacitated in the area of employment or service law;
3. A candidate or a seconded person may not be considered to be of good repute if he:
1) has been dismissed from any host institution on its own initiative, where the person has, as a result of an act or omission on his part, committed a breach of obligations imposed by the host institution’s internal procedures or an employment contract and less than five years have lapsed from the dismissal, unless the host institution lays down a longer period;
2) has been dismissed from the post of a statutory civil servant or a state official following the imposition of a disciplinary penalty if less than three years have lapsed from the dismissal;
3) has been found to have breached the requirements of the Law of the Republic of Lithuania on the Adjustment of Public and Private Interests and if less than one year has lapsed from the transpiration of the breach, or if he has been found to have committed a serious breach of the requirements of the Law on the Adjustment of Public and Private Interests and if less than three years have lapsed from the transpiration of the breach;
4. An institution or an agency or a seconding institution organising and carrying out selections of candidates must ensure that candidates and seconded persons meet the requirements of good repute.
5. A candidate must fill out a declaration of the form approved by the Minister of Foreign Affairs which contain the information on his compliance with the requirements of good repute. If it is established that the candidate has concealed or provided inaccurate information on his compliance with the requirements of good repute, he shall not be seconded or his secondment shall be terminated.
6. Where an institution or an agency organising and carrying out the selection of candidates or an seconding institution in the exercise of the obligation laid down in paragraph 4 of this Article has doubts as to a candidate’s or seconded person’s compliance with the requirements of good repute, it shall have the right to apply, by a reasoned written request, to law enforcement, control and other institutions, agencies or enterprises controlled by the State or municipalities to supply available information on such a person. The institutions, agencies and enterprises must supply such information not later than within seven calendar days of receipt of the request to supply such information, unless laws stipulate otherwise.
CHAPTER IV
SECONDMENT TO MISSIONS, SECONDMENT RESERVE
AND THE HEAD OF THE NATIONAL CONTINGENT IN A MISSION
Article 11. Selection of candidates for missions
1. The selection of candidates for missions shall be carried out having regard to the requirements for a specific position as well as to the principles and criteria of the selection of candidates laid down by a host institution. The purpose of the selection of candidates for missions shall be to ensure the change of participants in the missions and to enable new candidates to participate in them.
2. The selection of candidates for missions shall be carried out in accordance with the procedure laid down by the Minister of Foreign Affairs by a commission for selection of candidates set up by the Minister of Foreign Affairs.
3. If a conclusion states that secondment-related expenses may not be reimbursed from appropriations of the state budget of the Republic of Lithuania allocated to the commission in for that purpose and another seconding institution consents to reimbursement of the secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated to it, the Ministry of Foreign Affairs shall carry out the selection of candidates from among the candidates nominated by this seconding institution.
Article 12. Secondment reserve
2. Candidates for posts in election observation missions shall be selected from the secondment reserve.
3. The data of candidates shall be processed in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1).
Article 13. Establishment of a secondment reserve
1. A secondment reserve shall be established through the selection of candidates for the secondment reserve.
2. The selection of candidates for the secondment reserve shall be carried out by a body authorised by the Government at least once a year in accordance with the procedure laid down by the Government or an institution authorised by it. The Ministry of Foreign Affairs shall, taking into account the needs for secondment of host institutions, propose to the body authorised by the Government the number of candidates to be selected in order to ensure an optimal level of the secondment reserve and, if necessary, to organise an additional selection of candidates for the secondment reserve.
3. Candidates for the secondment reserve must meet the requirements laid down in Article 10 of this Law, have at least a higher non-university degree, have knowledge of at least two foreign languages the level of knowledge of which is determined by the Government or an institution authorised by it, and have at least three years of professional experience or experience of activities in Lithuanian or foreign non-governmental organisations and civil society organisations or associations.
Article 14. Removal of a candidate from a secondment reserve
1. A candidate shall be removed from a secondment reserve in the following cases:
3) where the candidate has never participated in the selection of candidates from the secondment reserve within five years of the entry of the candidate in the secondment reserve;
Article 15. Appointment, rights and duties of the head of the national contingent in a mission
1. If the regulations of a mission to which persons are seconded provide for the appointment of the head of the national contingent, one of the members of the national contingent shall be appointed. The Ministry of Foreign Affairs shall adopt a decision on the appointment of the head of the national contingent, taking into account the posts of the seconded persons in a host institution and the duration of their secondment, and shall inform the host institution about the appointment.
2. Rights and duties of the head of the national contingent in a mission shall be laid down by a host institution.
CHAPTER V
PROVISION OF INFORMATION ON SELECTED CANDIDATES
AND THEIR SECONDMENT. DUTIES OF A SECONDED PERSON
Article 16. Provision of information on selected candidates
1. A body authorised by the Government shall, in accordance with the procedure laid down by the Government or an institution authorised by it, provide information on selected candidates to the Ministry of Foreign Affairs, where other state institutions shall provide such information to a body authorised by the Government and to the Ministry of Foreign Affairs. When the selection of candidates is carried out by the Ministry of Foreign Affairs, it shall, in accordance with the procedure laid down by the Government or an institution authorised by it, provide information on selected candidates to the body authorised by the Government and seconding institutions.
Article 17. Training of selected candidates and persons entered in the secondment reserve
1. The Ministry of Foreign Affairs shall inform other seconding institutions about the need for training. The Ministry of Foreign Affairs or other seconding institutions shall initiate training.
2. The training expenses of career civil servants, statutory civil servants and state officials shall be reimbursed by seconding institutions in accordance with the procedure laid down by legal acts defining the reimbursement of their training expenses. The training expenses of other persons shall be reimbursed by the Ministry of Foreign Affairs. When reimbursing the training expenses of other persons, legal acts defining the reimbursement of training expenses of civil servants shall apply mutatis mutandis.
Article 18. Secondment
1. Where a host institution informs about the selection of a candidate for a vacant post or under other conditions stipulated by international treaties or European Union legal acts, his secondment shall be approved by the head of the seconding institution referred to in Article 3 of this Law. The Ministry of Foreign Affairs shall inform the seconding institution that the candidate is accepted for secondment at the host institution. A candidate who is a career civil servant, a statutory civil servant or a state official shall be seconded by transferring him to a post at the host institution with his written consent or at his written request. Information on the confirmation of the candidate’s secondment shall be provided by the seconding institution to the Ministry of Foreign Affairs no later than within three working days from the adoption of the decision.
Article 19. Secondment contract
A secondment contract shall be a fixed-term employment contract entered into by the Ministry of Foreign Affairs and another person who is accepted for secondment at a host institution, under which the candidate undertakes to perform the duties indicated in the contract at the host institution in compliance with the rules regulating the working conditions of an international and EU institution or the legal acts regulating employment relationships of a foreign state, and the Ministry of Foreign Affairs undertakes to provide to him the guarantees specified in this Law. A model form of the secondment contract shall be approved by the Minister of Foreign Affairs.
Article 20. Duration of secondment. Extension of secondment, transfer of seconded persons to another post at the same host institution
1. A candidate shall be seconded to a host institution for a period indicated by the host institution, usually for a period not exceeding three years, unless international treaties or EU legal acts stipulate otherwise. A person may be seconded or the duration of his secondment may be extended for a period exceeding three years, taking into account the importance of a position to which the person has been seconded for goals of Lithuania’s domestic and foreign policy, which are taken into account when approving secondment priorities. The Ministry of Foreign Affairs shall justify the expediency of secondment for a period exceeding three years in a reasoned conclusion or in a conclusion referred to in paragraph 2 of this Article.
2. A decision to extend the duration of secondment of a career civil servant, a statutory civil servant or a state official or to transfer him to another post at the same host institution shall be taken by the head of the seconding institution having regard to a conclusion on the expediency of the extension of secondment or of transfer to another post at the host institution and the possibility of covering secondment-related expenses where such expenses are not reimbursed by the host institution. This conclusion shall be prepared by the Ministry of Foreign Affairs upon receipt of a proposal of the host institution to extend the duration of secondment of the seconded person or to transfer him to another post at the same host institution. In preparing this conclusion, account shall be taken of whether the position conforms to national secondment priorities and of the possibilities of covering the secondment expenses related to extension of the duration of secondment or transfer to another post at the host institution from appropriations of the state budget of the Republic of Lithuania allocated for that purpose to the Ministry of Foreign Affairs. Where the conclusion states that the position conforms to national secondment priorities but expenses related to extension of secondment or transfer to another post at the host institution may not be covered from appropriations of the state budget of the Republic of Lithuania allocated for that purpose to the Ministry of Foreign Affairs due to the insufficient amount of these appropriations, the duration of secondment may be extended or transfer to another post at the host institution may be approved where the seconding institution consents that secondment-related expenses be covered from appropriations of the state budget of the Republic of Lithuania allocated to it.
3. A decision to extend the duration of secondment of a career civil servant, a statutory civil servant or a state official or to transfer him to another post at the same host institution may also be adopted when the Ministry of Foreign Affairs approves of the extension of secondment or transfer to another post conforming to departmental priorities at the same host institution and the seconding institution consents that the secondment-related expenses will be reimbursed from appropriations of the state budget of the Republic of Lithuania allocated to it or when the expenses are reimbursed by the host institution.
4. A decision on the extension of a secondment contract or transfer of another person to another post at the same host institution shall be adopted by the Minister of Foreign Affairs or a person authorised by him. Such a decision shall be adopted upon receipt of a proposal of the host institution to extend the duration of secondment of the seconded person or to transfer him to another post in the same host institution, taking into account national secondment priorities and possibilities of covering secondment-related expenses from appropriations of the state budget of the Republic of Lithuania allocated for that purpose. The secondment contract may be extended without exceeding the time limit laid down in Article 68(4) of the Labour Code of the Republic of Lithuania.
Article 21. End of secondment
1. The secondment of a person shall end upon the expiry of the period of secondment, death of the seconded person or termination of secondment pursuant to paragraph 2 of this Article before the expiry of the period of secondment.
2. Secondment shall be terminated before the expiry of the period of secondment where:
3) a seconded person, who is a career civil servant, a statutory civil servant or a state official, is released/dismissed from the seconding institution whereat he was holding a post at the time of adoption of a decision on his secondment;
4) the seconding institution adopts a decision to terminate secondment due to official necessity or where a seconded person fails to perform the duties specified in Article 23 of this Law and has been warned in writing by the seconding institution not less than twice within six months about the failure to perform these duties;
3. Secondment shall be terminated before the expiry of the period of secondment by the head of the seconding institution or a person authorised by him. In the cases referred to in points 2-5 of paragraph 2 of this Article, secondment shall be terminated not earlier than after the lapse of 14 calendar days of adoption of the decision on termination of secondment. In the case referred to in point 2 of paragraph 2 of this Article, secondment may also be terminated earlier at the request of the seconded person and with the consent of the seconding institution and a host institution.
4. Upon the expiry of the period of secondment or upon the death of a seconded person, the seconding institution shall state the end of secondment. An entry concerning termination of the contract of secondment shall be made in the contract of secondment.
5. The seconding institution shall inform the Ministry of Foreign Affairs about the termination of secondment before the expiry of the period of secondment.
6. If the secondment of a person whose secondment expenses were reimbursed from appropriations of the state budget of the Republic of Lithuania allocated for this purpose to the Ministry of Foreign Affairs is terminated in accordance with point 3 of paragraph 2 of this Article, a secondment contract may be concluded with him at the request of the host institution until the end of the previously specified period of secondment.
Article 22. Application of the legal acts regulating the working conditions of seconded persons
1. Seconded persons shall, during the period of work at a host institution, be subject to the rules regulating the working conditions of international and EU institutions or the legal acts regulating employment relationships in a foreign state, with the exception of the cases referred to in paragraphs 2 and 3 of this Article where remuneration is paid to a seconded person by the seconding institution.
2. Legal acts of the Republic of Lithuania regulating employment relationships shall apply to a person seconded to a host institution operating in the Republic of Lithuania to the extent such relationships are not governed by the rules regulating the working conditions of the host institution.
3. Where annual leave is granted to seconded persons in compliance with the rules regulating the working conditions of international and EU institutions or the legal acts regulating employment relationships of a foreign state, the annual leave granted to a seconded person for a specific year in accordance with the legal acts in force during the period of secondment shall be reduced by the same number of days of granted annual leave but not exceeding the number of days calculated in accordance with the laws of the Republic of Lithuania in force during the period of secondment.
Article 23. Duties of a seconded person
1. A seconded person must:
1) not later than within 15 calendar days of entry into a contract with a host institution, submit to the seconding institution copies of this contract and of other documents indicating the allowances granted and social guarantees provided (if any) by the host institution;
2) submit, at least once per three months, to the seconding institution, and a person seconded to a mission – also to the Ministry of Foreign Affairs a written report on his activities;
3) upon receipt from the host institution of a conclusion on appraisal of his performance, submit a copy of this conclusion to the seconding institution not later than within one month of receipt of the conclusion;
4) where remuneration is paid to the seconded person by the seconding institution, inform the seconding institution, in accordance with the procedure and within the time limits laid down by the seconding institution, about the annual leave granted to him by the host institution and provide information about the cases of absence from work (with the exception of the cases when travelling on business trips);
5) where remuneration is paid to the seconded person by the host institution, submit to the seconding institution, not later than within one month of expiry of the period of secondment, information on the amount of annual leave granted to him during the period of secondment;
2. The persons selected to missions in accordance with this Law shall, upon the expiry of the period of participation in a mission, not later than within two weeks of expiry of the period of participation in the mission, submit to the Ministry of Foreign Affairs a written report on their activities in the mission.
CHAPTER VI
REMUNERATION, SOCIAL GUARANTEES OF SECONDED PERSONS AND REIMBURSEMENT OF SECONDMENT-RELATED EXPENSES
Article 24. Payment of remuneration to seconded persons
1. Seconded career civil servants, statutory civil servants and state officials to whom remuneration is paid by a seconding institution shall be paid, during the period of work at a host institution, a remuneration consisting of the basic salary set for the posts or positions held by them prior to secondment and the bonuses paid to them prior to secondment. The seconded career civil servants, statutory civil servants and state officials shall be paid a premium for work under harmful, extremely harmful and hazardous working conditions. This premium shall not be paid where a premium for work under difficult or risky working conditions or a daily subsistence allowance, including compensation for work under difficult or risky working conditions, is paid to a seconded person by the host institution. The amount of and the procedure for paying the basic salary, bonuses and the premium shall be specified by the laws of the Republic of Lithuania in force during the period of secondment.
2. The basic salary paid to other seconded persons during the period of work at a host institution shall be calculated by applying a basic salary coefficient the unit whereof is equal to a respective year’s base amount of the basic salary (remuneration) of state politicians, judges, state officials, civil servants, employees of state and municipal budgetary institutions of the Republic of Lithuania approved by the Seimas for a respective year (hereinafter: the ‘base amount of the basic salary’):
2) for persons seconded to the host institution, with the exception of election observation missions, to whom the host institution pays a daily subsistence allowance or other financial allowances – 4;
3. Other seconded persons shall be paid for their work, where there are deviations from normal working conditions, a remuneration, as referred to in paragraph 2 of this Article, in an increased amount as compared to normal working conditions. The specific amount of remuneration shall be determined in a secondment contract, however, it may not exceed 70 per cent of the basic salary. The increased amount of remuneration shall not be determined where the premium for work under difficult or risky working conditions or a daily subsistence allowance, including compensation for work under difficult or risky working conditions, is paid to a seconded person by a host institution.
4. Where remuneration is paid to a seconded person by a seconding institution, remuneration shall be calculated on the basis of a 40-hour five-working-day week with two rest days, irrespective of the time actually worked at a host institution (including the cases when travelling on business trips), except for the cases when an employee fails to come to work due to a leave, an illness or for other reasons. In such cases, remuneration shall be paid in compliance with the legal acts of the Republic of Lithuania regulating remuneration for work and social insurance.
Article 25. Insurance and other guarantees of seconded persons and their family members
1. Seconded persons and their spouses residing together with them abroad shall be covered by state social insurance in accordance with the procedure laid down in the Law of the Republic of Lithuania on State Social Insurance.
2. Health insurance expenses shall be covered for seconded persons and their family members. In the states where there is no possibility of health insurance coverage, the expenses relating to healthcare of a seconded person and his family members shall be covered. Life assurance expenses shall also be covered for the persons seconded to the posts related to crisis management and the common foreign, security and defence policy of the European Union at host institutions. The amount of health insurance, life assurance and healthcare expenses shall be determined by the Government. These expenses shall not be reimbursed if they are reimbursed by a host institution.
3. Seconded persons shall, in accordance with the procedure laid down by the Government or an institution authorised by it, be reimbursed for the expenses related to their work abroad. This reimbursement shall be calculated by applying the coefficient of reimbursement of expenses related to work abroad as set out in the Annex to this Law for an appropriate career civil servant, statutory civil servant, civil servant and another person the unit whereof is equal to the base amount of the basic salary as approved by the Seimas for a respective year and the local coefficient of countries’ standard of living as set out by the Government or an institution authorised by it. The spouse who has accompanied a seconded person abroad shall, on a monthly basis, be reimbursed in the amount of 0.5 of the monthly reimbursement received by the seconded person for the expenses related to his work abroad. The spouse who receives work-related income shall not be reimbursed. Where minor children/adopted children or children/adopted children of full age under the age of 20 of the seconded person and/or of his spouse, on condition that they are unmarried, have not completed secondary education and have a common household with the seconded person, have accompanied him abroad and reside together with him, the seconded person shall receive together with remuneration, on a monthly basis, reimbursement for each child/adopted child in the amount of 0.2 of the monthly reimbursement received by him for the expenses related to his work abroad where the child/adopted child is under the age of six and in the amount of 0.3 of the monthly reimbursement received by him for the expenses related to his work abroad where the child/adopted child is six years of age and over. The seconded person shall, where dependants have accompanied him abroad and reside together with him, receive together with remuneration, on a monthly basis, reimbursement for each dependant in the amount of 0.25 of the monthly reimbursement received by him for the expenses related to his work abroad. This reimbursement shall not be paid where remuneration or a daily subsistence allowance is paid to the seconded person by a host institution.
4. Seconded persons shall, in accordance with the procedure laid down by the Government or an institution authorised by it, be granted a monthly allowance in the amount determined by the Government to provide themselves with the residential accommodation corresponding to the number of their family members. This allowance shall not be granted where an accommodation allowance is granted or remuneration or a daily subsistence allowance is paid to a seconded person by a host institution to which he has been seconded.
5. Where the daily subsistence allowance and other allowances paid by a host institution, other than those intended to cover the expenses referred to in paragraphs 2, 6, 7 and 8 of this Article, are lower than the reimbursement of expenses related to work abroad and the accommodation allowance calculated in accordance with paragraphs 3 and 4 of this Article, a seconded person shall be paid the difference between the sum of the daily subsistence allowance and other allowances paid by the institution to which the person has been seconded, other than those intended to cover the expenses referred to in paragraphs 2, 6, 7 and 8 of this Article, and the sum of the reimbursement of expenses related to work abroad and the accommodation allowance calculated in accordance with paragraphs 3 and 4 of this Article.
6. Seconded persons and their family members shall be reimbursed for resettlement expenses (travel, carriage of luggage and transfer of property) from the Republic of Lithuania to the foreign state to which a person has been seconded and from the foreign state to the Republic of Lithuania in accordance with the procedure laid down by the Government or an institution authorised by it and not exceeding the amount of these expenses determined by the Government or an institution authorised by it. These expenses shall not be reimbursed if they are reimbursed by a host institution. These expenses, with the exception of travel and carriage of luggage expenses, shall not be reimbursed where the duration of secondment is less than three months.
7. Where the duration of secondment exceeds six months, a seconded person and his family members residing together shall be reimbursed once per year during the period of secondment at a host institution for travel expenses to the Republic of Lithuania and back to the foreign state to which he has been seconded, and family members who have not accompanied the seconded person abroad – for travel expenses to the seconded person and back to the Republic of Lithuania. These expenses shall not be reimbursed if they are reimbursed by the host institution or if the reimbursement of these expenses is included in remuneration or a daily subsistence allowance paid to the seconded person by the host institution. In the presence of the circumstances referred to in point 2 of paragraph 9 of this Article, seconded persons shall be reimbursed once per half a year during the period of secondment at the host institution for travel expenses to the Republic of Lithuania and back to the foreign state to which they have been seconded.
8. Seconded persons shall, in accordance with the procedure laid down by the Government or an institution authorised by it, be reimbursed for other necessary secondment-related expenses directly related to the activities of a seconded person at a host institution which are set as a mandatory secondment condition but are not reimbursed by the host institution and on the reimbursement whereof the Ministry of Foreign Affairs issues a positive conclusion or which the seconding institution undertakes to cover.
9. The guarantees referred in paragraphs 2-7 of this Article shall not apply to seconded persons’ family members where:
Article 26. Reimbursement of secondment-related expenses
1. Seconded career civil servants, statutory civil servants and state officials shall be paid remuneration by the seconding institutions whereat they were holding posts prior to secondment, with the exception of the case specified in Article 24(5) of this Law. Other seconded persons shall be paid remuneration by the Ministry of Foreign Affairs.
2. The expenses referred to in Article 25 of this Law shall be reimbursed in respect of secondment of career civil servants, statutory civil servants or state officials – by the seconding institutions and agencies referred to in Article 3 of this Law wherewith they were employed prior to secondment; in respect of secondment of other persons – by the Ministry of Foreign Affairs.
3. The expenses referred to in Article 16, Article 24(1) and in Article 25 of this Law and incurred by seconding institutions shall be covered in accordance with the procedure laid down by the Government or an institution authorised by it from appropriations of the state budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for this purpose, with the exception of the cases referred to in Article 8(2) of this Law, when secondment-related expenses are reimbursed from the appropriations of the state budget of the Republic of Lithuania allocated to the respective state institution. Appropriations of the state budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs to cover secondment expenses shall be used in accordance with the procedure laid down by the Government or an institution authorised by it.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to
the Republic of Lithuania
Law on Secondment of Persons to
International Institutions and Institutions of
the European Union or Foreign Institutions
REIMBURSEMENT OF EXPENSES RELATED TO WORK ABROAD
| Seconded persons |
Coefficients of reimbursement of expenses related to work abroad |
| 1. Civil servants whose position groups are determined by the Law of the Republic of Lithuania on the Civil Service, with the exception of those seconded to election observation missions: |
|
| 1.1. the positions whereof are assigned to position group 1-3 |
10.87 |
| 1.2. the positions whereof are assigned to position group 4 |
9.70 |
| 1.3. the positions whereof are assigned to position group 5 |
8.93 |
| 1.4. the positions whereof are assigned to position group 6 |
8.15 |
| 1.5. the positions whereof are assigned to position group 7 |
6.99 |
| 1.6. the positions whereof are assigned to position group 8 |
5.82 |
| 1.7. the positions whereof are assigned to position group 9 |
5.05 |
| 1.8. the positions whereof are assigned to position group 10 |
4.27 |
| 2. State officials and statutory civil servants whose remuneration or position groups are determined by respective statutes and laws regulating their activities, with the exception of those seconded to election observation missions: |
|
| 2.1. Diplomats: |
|
| 2.1.1. the positions whereof are assigned to position group 1-3 |
10.87 |
| 2.1.2. the positions whereof are assigned to position group 4 |
9.70 |
| 2.1.3. the positions whereof are assigned to position group 5 |
8.93 |
| 2.1.4. the positions whereof are assigned to position group 6 |
8.15 |
| 2.1.5. the positions whereof are assigned to position group 7-8 |
6.99 |
| 2.1.6. the positions whereof are assigned to position group 9 |
5.82 |
| 2.1.7. the positions whereof are assigned to position group 10 |
5.05 |
| 2.1.8. the positions whereof are assigned to position group 11 |
4.27 |
| 2.2. Prosecutors: |
|
| 2.2.1. with the basic salary coefficient equal to 20.2-22.9 |
10.87 |
| 2.2.2. with the basic salary coefficient equal to 19.0-19.2 |
9.70 |
| 2.2.3. with the basic salary coefficient equal to 18.5-18.6 |
8.93 |
| 2.2.4. with the basic salary coefficient equal to 17.3-17.7 |
8.15 |
| 2.2.5. with the basic salary coefficient equal to 16.5-17.0 |
6.99 |
| 2.2.6. with the basic salary coefficient equal to 15.7-16.0 |
5.82 |
| 2.2.7. with the basic salary coefficient equal to 15.2 |
5.05 |
| 2.2.8. with the basic salary coefficient equal to 13.9 |
4.27 |
| 2.3. Officers of the internal service system: |
|
| 2.3.1. the positions whereof are assigned to position group 1-2 |
10.87 |
| 2.3.2. the positions whereof are assigned to position group 3-4 |
9.70 |
| 2.3.3. the positions whereof are assigned to position group 5-6 |
8.93 |
| 2.3.4. the positions whereof are assigned to position group 7-8 |
8.15 |
| 2.3.5. the positions whereof are assigned to position group 9-10 |
6.99 |
| 2.3.6. the positions whereof are assigned to position group 11-12 |
5.82 |
| 2.3.7. the positions whereof are assigned to position group 13-14 |
5.05 |
| 2.3.8. the positions whereof are assigned to position group 15 |
4.27 |
| 2.4. Intelligence officers: |
|
| 2.4.1. with the basic salary coefficient equal to or exceeding 19.0 |
10.87 |
| with the basic salary coefficient equal to 18.0-18.9 |
9.70 |
| 2.4.3. with the basic salary coefficient equal to 17.0-17.9 |
8.93 |
| 2.4.4. with the basic salary coefficient equal to 14.4-16.0 |
8.15 |
| 2.4.5. with the basic salary coefficient equal to 12.8-14.3 |
6.99 |
| 2.4.6. with the basic salary coefficient equal to 11.2-12.7 |
5.82 |
| 2.4.7. with the basic salary coefficient equal to 9.6-11.1 |
5.05 |
| 2.4.8. with the basic salary coefficient equal to 8.0-9.5 |
4.27 |
| 2.5. Officers of the VIP Protection Service of the Republic of Lithuania: |
|
| 2.5.1. with the basic salary coefficient equal to or exceeding 17.61 |
10.87 |
| 2.5.2. with the basic salary coefficient equal to 15.30-16.72 |
9.70 |
| 2.5.3. with the basic salary coefficient equal to 14.13-15.20 |
8.93 |
| 2.5.4. with the basic salary coefficient equal to 13.04-14.01 |
8.15 |
| 2.5.5. with the basic salary coefficient equal to 11.76-12.47 |
6.99 |
| 2.5.6. with the basic salary coefficient equal to 10.10-11.21 |
5.82 |
| 2.5.7. with the basic salary coefficient equal to 8.56-9.80 |
5.05 |
| 2.5.8. with the basic salary coefficient equal to 6.70-8.50 |
4.27 |
| 3. Other persons |
3.88 |
| 4. All persons seconded to election observation missions |
3.88 |