Official translation
REPUBLIC OF LITHUANIA
LAW
ON PUBLIC SERVICE
8 July 1999 No VIII - 1316
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
This Law shall lay down the basic principles of the Public Service, the status of a public servant and the legal basis for the management of the Public Service
Article 2. Definitions
As used in this Law
1. Public Service means a sum total of legal relations in the service regulated by state legal acts specifying the acquisition, change and loss of the status of a public servant.
2. Public servant means a natural person who has acquired the status of a public servant pursuant to this Law and other legislation, and who in state (central and municipal) institutions or agencies performs the functions of public administration, economic or technical functions, or provides public services to the public.
3. Status of a public servant means a sum total of rights and duties in the service as defined by this Law and other legislation, stipulated by legal acts regulating the recruitment and dismissal of a public servant from the Public Service, his rights, duties, responsibility, remuneration, social and other guarantees.
4. Loss of the status of a public servant means the loss of the right laid down by this Law and other legislation to perform the functions of public administration in state or municipal institutions or agencies, of other rights, duties, responsibility, remuneration, social and other guarantees, as well as dismissal of those persons from the Public Service with the right of or without it re-instatement in the Public Service in the manner prescribed by this Law.
5. Public administration means the executive activities regulated by legislation and other legal acts, carried out by state or municipal institutions and other entities authorised by legislation, intended for the implementation of the acts of state or municipal institutions and administration of the intended public services.
6. Civil servant means a public servant working in a state or local municipal institution or agency, performing the functions of public administration established by legislation or legal acts adopted on its basis.
7. Career civil servant means a civil servant admitted to the service on the basis of competition for an indefinite term, under an oath to the state, and with an opportunity to seek a higher or a different position in the service in the prescribed manner.
8. Statutory public servant means a civil servant or a public employee (a customs officer, a police officer, a controller, a diplomat, an employee in the civilian national defence service, an employee or a personnel member of the Bank of Lithuania, or an institution of higher education) whose status is defined by a separate law or a statute.
9. Civil servant of political (personal) confidence means a civil servant admitted to the service for a position included in the list of positions of civil servants of political (personal) confidence approved by the Seimas.
10. Public manager means a public appointed on the basis of competition or political (personal) confidence to a position of the head of a state or municipal institution for a fixed term.
11. Acting civil servant means a civil servant discharging the functions of a temporarily absent career civil servant or a civil servant of political (personal) confidence.
12. Public services means activities of agencies established by state or local authorities in providing to the public social, educational, scientific, cultural, sport and other services established by law.
13. Public employee means a public servant employed at a state institution, agency or municipality, performing economic or technical functions or providing public services to society.
14. Official means a civil servant (a personnel member of the state security, the police, the customs, the tax inspectorate or other employee) with administrative powers with respect to persons who are or are not subordinate to him. according to their position
15. Merits means obligatory or additional administrative competence, professional skills and qualities that can be essential for comparison with the competence, professional skills and personal qualities of another applicant to a position in the Public Service.
16. Disloyalty means actions and conduct of a public servant exceeding the limits of lawfulness and hostile to the state of Lithuania and its constitutional order.
17. Impartiality means an honest performance of one’s official duties irrespective of the public servant’s or the customer’s sex, race, nationality, language, origin, social position, religion, beliefs, political views or membership in political parties or political organisations.
18. Persons related with public servants by blood or by marriage means parents, adoptive parents, brothers, sisters and their children, grandparents, spouses, children, adopted children, their spouses and children, also parents, brothers, sisters of the spouses and their children.
19. State and municipal institutions means institutions of the elective authorities (the Seimas and the municipal council), the Head of the State - the President of the Republic, institutions of the executive (the Government, a ministry, the county governor, the mayor (the board), of the judiciary (the Constitutional Court, the Supreme Court of Lithuania, the High Administrative Court, the Court of Appeals, county and district courts, and the prosecutor’s office), of the control (the state controller, the Seimas Ombudsman, the Representative of the Government, the Senior Professional Conduct Commission, the Equal Opportunities Ombudsman, and the municipality controller), as well as other institutions specified in the Law on Public Administration.
20. State and municipal agencies means the Office of the Seimas, the President’s Office , the Office of the Government, Government offices and offices under ministries (committees, departments, services, agencies, inspectorates etc.), and offices subordinate to them, offices of Representatives of the Government, administrations of county governors and county offices, administrations, offices, agencies or wards formed by local authorities, as well as other government, judicial or control offices with powers granted by law and discharging the functions of public administration assigned to them.
21.State politicians means persons directly or indirectly elected to their positions by the citizens of the Republic of Lithuania or appointed by elective authorities to carry out a political programme - the President of the Republic, the Chairman of the Seimas, Members of the Seimas, the Prime Minister, ministers, mayors, and members of the municipal councils.
22. Political activity means participation of a natural person in the activities of political parties and political organisations, rallies, meetings or other events held by them, which contribute to the development and expression of common interests and political will of the citizens, as well as other actions in support of a political party or a political organisation.
Article 3. Basic Principles of the Public Service
1. The Public Service of the Republic of Lithuania shall be based on the principles of the rule of law, equality, political neutrality, transparency and career development.
2. Under the principle of the rule of law:
1) the status of a public servant as laid down in this Law and other legislation may not be changed in any other way except than by the law;
2) nobody shall have the right because of political or other interests to coerce a public servant to perform actions or make decisions which exceed his powers;
3. Under the principle of equality, each citizen of the Republic of Lithuania shall have equal rights to enter the Public Service, and the status of a public servant may not be restricted on the grounds of sex, race, origin, social position, religion, beliefs, political views or other subjective circumstances.
4. Under the principle of political neutrality, a civil servant shall be obliged to serve people with impartiality, without regard to his personal political views, not to take part in political activities in the course of his employment (with the exception of civil servants of political (personal) confidence).
5. Under the principle of transparency, any activity of a civil servant during the course of duty shall be public, understandable, and open so as to make it possible to assess and examine the official documents drafted by him, with the exception of state or official secrets protected by legislation and other legal acts.
6. Under the principle of career, the recruitment of a person to the Civil Service for an indefinite term and seeking promotion or a different position shall be based on the competition among the applicants, with an objective assessment of their professional competence, skills and merits during the competition.
Article 4. The Scope of the Law
1. This Law, without exception, shall be applicable to civil servants, except statutory civil servants, to whom this Law shall be applicable in so far as their status is not regulated by other laws and statutes.
2. Public employees shall be covered by paragraphs 2, 8, 10, 12, and 13 of Article 2 of this Law, paragraphs 2 and 3 of Article 3, paragraph 3 of Article 5, paragraphs 1 and 3 of Article 6, Articles 7, 8, 9, and 18, paragraph 1(4) and paragraph 1(11) of Article 56, paragraphs 1 and 7 of Article 62, paragraphs 1, 2, 3, and 5 of Article 68, and paragraph 2 of Article 79 of this Law shall apply. Applicable to them shall also be provisions of Articles 16 and 32, and of paragraphs 2 and 3 of Article 69, unless individual laws or statutes drawn up with regard to the specific features of the service provide otherwise.
3. This Law shall not be applicable to:
2) judges of the Constitutional Court, the Supreme Court of Lithuania, other courts, and prosecutors;
7) the chairmen of state commissions, their deputies and members appointed by the Seimas, the Chairman of the Seimas or President of the Republic;
Article 5. Applicability of Labour Laws
2. Labour laws and other legal acts regulating labour relations and social guarantees shall apply to civil servants in so far as they do not contravene this Law, and other laws and statutes regulating their status.
Article 6. Groups of Public Servants
1. Public servants shall be divided into the following groups:
2. Civil servants shall be grouped into:
Article 7. Categories and Grades of the Positions in the Civil Service
1. The positions in the Civil Service shall be grouped into 4 categories:
1) Category “A” shall comprise positions where a master’s (university) degree or an equivalent degree is obligatory;
2) Category “B” shall comprise positions where education not lower than college (higher non-university) is obligatory;
3) Category “C” shall comprise positions where education not lower than secondary and an appropriate professional qualification is obligatory;
2. The positions of civil servants shall be divided into 30 grades. They shall include all categories where grade 1 is the lowest within category “D”, and grade 30 is the highest within category ”A”. The grades shall be established on the basis of Methodology of Job Description and Evaluation.
3. Assignment of positions to a certain category and grade shall be made by:
1) the law - for the positions of civil servants of political (personal) confidence at the institutions and agencies not accountable to the Government. These positions shall be assigned to category “A”;
4. In those cases where, owing to some specific characteristics of a position, it is impossible to make an accurate assessment of all the factors specified in the Methodology of Job Description and Evaluation during assignment of positions to grades, a lower or a higher grade may be established which, however, may differ by not more than two grades.
5. When instituting new positions, their grades shall be established according to the Methodology of Job Description and Evaluation. The grade of the position of the public manager of an institution or an agency shall be established taking into account the grade of an analogous position and shall be defined in the foundation act of an institution or an agency, or in some other legal act.
Article 8. Lists and Job Descriptions of Positions of Civil Servants
1. The lists of civil servants’ positions shall specify the name, group, category and grade of the position.
2. The standard list of positions of civil servants shall be approved by the Minister in charge of the Civil Service. This list shall not include the positions of civil servants of political (personal) confidence; their list shall be approved by the Seimas. When instituting new positions the standard list of positions of civil servants shall be extended.
3. On the basis of the standard list of positions of public servants, the lists of positions of public servants at state institutions, agencies and municipalities shall be compiled by persons in charge of the personnel management.
4. The lists of positions of public servants at state institutions and agencies shall be approved:
1) for the Office of the Seimas, the President’s Office, the Constitutional Court, and the Supreme Court of Lithuania - by the heads of these institutions or persons authorised by them;.
2) for other courts (except the Constitutional Court and the Supreme Court of Lithuania -) - by the Minister of Justice;
4) for the State Control, the Bank of Lithuania, the Seimas Ombudsmen’s Office, the Office of the Equal Opportunities Ombudsman, the State Security Department, the institutions and offices accountable to the Government - by the heads of those institutions and agencies;
5) for the personnel of state commissions appointed by the Seimas, the Chairman of the Seimas, and the President of the Republic - by the chairmen of these commissions;
CHAPTER THREE
RECRUITMENT TO THE Civil SERVICE
Article 9. Requirements for the Recruitment to the Civil Service
1. Persons entering the Civil Service shall be subject to the following requirements:
1) Lithuanian citizenship and a command of the Lithuanian language. These requirements shall be waived in the cases referred to in paragraphs 4 and 5 of this Article;
2) the age limit: the minimum shall be 18 years, and the maximum shall be the retirement age as set forth in the Law on State Social Insurance Pensions. The requirement with regard to the retirement age shall be waived for civil servants of political (personal) confidence and for acting civil servants, as well as for public employees, performing economic or technical functions;
4) completion of the primary military service pursuant to the Law on the Military Service. This requirement shall be waived for persons subject to conscription who have been excused from it in the cases and manner stipulated by the law, as well as for persons for whom it has been postponed or replaced by an alternative service.
2. Completion of the initial training programme for civil servants shall be a precondition for applicants seeking appointment by public competition to the positions of civil servants of the grade which is higher than the lowest grade of a particular category.
3. Completion of an appropriate training programme of the Lithuanian Institute of Public Administration or an equivalent programme shall be a precondition for applicants seeking appointment to the positions of the highest grades of civil servants. Positions subject to this requirement shall be determined by the Government.
4. The Republic of Lithuania citizenship requirement shall be waived for public employees, who are residents of the Republic of Lithuania, as well as to nationals of the following states:
1) Member States of the European Union or states who are parties to the Europe (Association) Agreements with the European Communities and their Member States, provided they do not apply the nationality requirement to citizens of the Republic of Lithuania in analogous cases;
5. The Lithuanian language proficiency requirement shall be waived for public employees performing economic or technical functions.
6. The following persons shall not be eligible for the Civil Service:
2) those who, pursuant to this Law, have been dismissed from the Civil Service for misconduct in office unless 10 years have elapsed since the dismissal;
Article 10. Public Advertising of Recruitment to the Civil Service
1. The advertisement about the intended recruitment to the Civil Service shall be published in the supplement to the Valstybės žinios (Official Gazette) as well as in the national newspaper chosen by competition at least 2 months before the selection of applicants to the position. Municipalities may additionally advertise recruitment to the Civil Service in the local press.
2. Information about the intended recruitment to the Civil Service shall be announced by:
1) with regard to vacancies in state institutions and agencies when recruitment is made to the position of the lowest grade in a particular category, as well as in the cases specified in paragraph 4 of Article 23 of this Law, - the Head of the Agency of the Civil Service Management;
2) with regard to vacancies in state institutions and agencies, when recruitment is made to the position of the grade higher than the lowest grade of a particular category, but below grade 20, - the person responsible for personnel management at a state institution or agency;
3. The advertisement of recruitment to the Civil Service shall specify the position title, group, category and grade, the methods to be applied in the selection of the applicants, the topics or questions of the examination. If the selection method to be used is assessment on the merits, the advertisement shall also state the merits of the applicants to be assessed.
Article 11. Documentation Necessary for Entry into the Civil Service
1. Applicants to the Civil Service must submit the following documentation:
5) documents confirming that a person liable for conscription has completed the mandatory military service or that he has been exempt from the military service or the service has been postponed for him in the cases and manner provided for by law;
2. Persons entering the Civil Service and seeking appointment by a public competition to the position of a civil servant of the grade which is higher than the lowest grade of a particular category as well as in the cases specified in paragraph 4 of Article 23 of this Law must submit a certificate of the completion of the initial training programme for civil servants.
3. Applicants seeking appointment to positions of senior civil servants must submit a certificate of completion of an appropriate training programme of the Lithuanian Public Administration Institute (or an equivalent training).
4. The applicants’ documents shall be accepted for a month’s period after the day of publication in the press of the last advertisement, except for the documents specified in subparagraphs 3, 4 and 5 of paragraph 1 and in paragraphs 2 and 3 of this Article, which must be submitted not later than a day before assessment of the applicants in the Selection Commission. A person’s failure to timely submit the required documents shall be considered as his refusal to enter the Public Service.
5. Documents shall be submitted to:
1) the Agency of the Civil Service Management - by the applicants seeking appointment to the Civil Service positions in state institutions or agencies, where vacancies are available to lowest grade positions of a certain category;
2) the personnel division of state institutions or offices - by the applicants seeking appointment to Civil Service positions in state institutions and offices, where vacancies are available to positions of a certain category of a higher grade than its lowest grade but below grade 20;
6. Should it transpire that when entering the Public Service the applicant submitted falsified documents (document) required under paragraphs 1, 2 and 3 hereof or submitted information which does not correspond to the reality, or concealed information and facts, which under paragraph 6 of Article 9 of this Law made him ineligible for recruitment to the Civil Service, the person shall be dismissed from the Civil Service under paragraphs 1(9) or 1(10) of Article 56 of this Law, and the time span already worked in the position shall not be counted into his service record.
Article 12. Applicant Selection Methods
1. The following applicant selection methods shall be applied to recruit civil servants:
2. Examination is the assessment of the prospective applicant’s required basic knowledge. The applicants’ answers to questions or topics chosen by the Selection Commission from the examination programme shall be produced in writing or on tests formats. The applicants’ answers presented to the Commission members must be anonymous. The merit indicated by the applicants may also be assessed by applying the above selection method. Where the examination shows identical results, the decision shall be taken on the basis of the applicants’ merit.
3. The assessment on merit is the assessment of the applicant’s skills and other competencies indispensable for the service.
4. The examination programmes for the applicants to recruitment to the Public Service in state institutions or agencies shall be approved by the head of the Agency of the Civil Service Management. The minimum requirements for the entrance examination to the Civil Service in municipalities shall be approved by the head of the Agency of Civil Service Management after consultation with the Association of Local Authorities of Lithuania. The mayor (where the municipal board is formed - the board) and the municipality controller shall approve additional questions and topics relating to the characteristics of the municipality activities.
Article 13. Selection Commission
1. The Selection Commission for the selection of applicants to the Civil Service positions shall be formed after the announcement of vacancies in the Civil Service,
2. The composition of the Commission and the procedure of work shall be established by the standard regulations of selection commissions, approved by the Minister in charge of the Civil Service. Persons related to the applicants by blood or marriage or through any other circumstances favouring partiality shall not be eligible for service on the Selection Commission.
3. The Selection Commissions shall be formed:
1) for the applicants to recruitment to a Public Service position of the lowest grade of a particular category as well as in the cases specified in paragraph 4 of Article 23 of this Law - by the head of the Agency of the Civil Service Management;
2) for the applicants to a state institution or agency to a position of the grade higher than the lowest grade of a particular category but below grade 20 - by the person responsible for personnel management at the state institution or agency;
4. The Selection Commissions shall:
1) hold the examination of applicants for recruitment to the Civil Service and assess them on merit;
2) give recommendations to the persons specified in paragraph 7 of Article 17 of this Law regarding appointment of the selected applicants as interns or for a probationary period to a specific position at a certain state institution or agency, a unit of the municipality administration or the Municipality Controller’s Office.
Article 14. Recruitment of Career Civil Servants
1. Recruitment of career civil servants shall proceed by stages beginning with the selection of the applicants and their appointment as interns or for a probationary period. The applicants to the positions of career civil servant positions shall be selected by way of examination.
2. The applicants to the positions of career civil servant positions shall be selected by way of a public competition:
3. The recruitment of career civil servants shall be arranged:
1) for applicants to the lowest grade positions of a specific category at state institutions or agencies as well as in the cases specified in paragraph 4 of Article 23 of this Law - by the head of the Agency of the Civil Service Management;
2) for applicants to the positions at state institutions or offices of higher grade than the lowest grade of a certain category, but below grade 20 - the person responsible for personnel management at a state institution or office;
3) for applicants to the Public Service positions in the municipality administration or at municipal institutions - the Administrator. The recruitment of the administrator shall be arranged by the Mayor (where the municipal board is formed - by the Board). Recruitment to the municipality controller’s office shall be organised by the Municipality Controller.
4. The Selection Commission shall:
1) select the applicants on the basis of the examination results and, where identical results are produced, assessment of the applicants on the merit and, upon presenting the competition results in writing, shall make a public announcement thereof;
2) give recommendations to persons specified in paragraph 7 hereof to appoint the selected applicants to the specific positions in a certain state institution or agency, a unit of the municipality administration, municipal institution or the Municipality Controller’s Office. Applicants to the lowest grade position of a specific category shall be recommended for placement in the positions as interns. Applicants to the positions of a higher grade than the lowest grade of a specific category but lower than grade 20 as well as in cases specified in paragraph 4 of Article 23 of this Law shall be recommended for appointment to a position for a probationary period.
5. The Commission shall give recommendations taking into account the applicants’ preference to hold a specific position. Priority to chose a specific position shall be given to the applicants with higher ratings of the Commission. Recommendation for placement of applicants in the positions as interns at the institutions accountable to the Government shall be agreed with the Personnel Management Board. Recommendations for appointment of applicants for a probationary period shall not be subject to agreement with the Personnel Management Board.
6. Applicants may not be recommended for appointment to a position in which they would be related by blood or by marriage to the immediate superior if in their service together one of the applicants would be in direct subordination to the other or have be in a supervisory position over the other. Only persons authorised in the manner laid down by the law to handle the material which constitutes a state secret may be recommended for appointment to positions connected with the use or protection of information which is considered a state secret.
7. Recommendations to appoint applicants to positions in the Civil Service as interns or for a probationary period shall be given :
1) in respect of applicants to be appointed to positions in the Seimas or President’s Offices - to the heads of the Offices;
2) in respect of applicants to be appointed to positions in the Constitutional Court or the Supreme Court of Lithuania - to the Court Chancellors;
3) in respect of applicants to be appointed to positions in courts (other than the Constitutional Court and the Supreme Court of Lithuania), prosecutor’s offices, the State Control, the Bank of Lithuania, the Seimas Ombudsmen’s Office, the Office of the Equal Opportunities Ombudsman, the State Control Department, other institutions and agencies not accountable to the Government - to the heads of the respective institutions and agencies;
4) in respect of applicants to be appointed to positions in the institutions or offices accountable to the Government - to the head of the Agency of the Civil Service Management;
8. Persons specified in paragraph 7 hereof shall appoint applicants to specific positions in the appropriate institutions or agencies as interns or for a probationary within 10 days after the recommendation of the Selection Committee for appointment.
9. Persons specified in subparagraphs 1, 2, and 3 of paragraph 7 hereof may refuse to appoint to a specific position the applicant recommended by the Commission. The Agency of the Civil Service Management shall be notified about the motives for refusal. In such cases, with account of the motives of refusal, the applicant shall be offered positions in the institutions and agencies accountable to the Government.
10. A person appointed to a position of an intern or for a probationary period shall assume office after he takes over service-related matters following the procedure prescribed by the Government or a body authorised by it. The above shall not be applicable to appointment to a newly-created vacancy. A fixed term service contract shall be concluded with the intern or the person on probation pending the appraisal of internship or probation.
11. During the internship the intern shall take up training according to the initial training curriculum. The intern or the person on probation shall have a career civil servant assigned to him who shall initiate him into the peculiarities of the specific position.
12.All the duties of a civil servant shall be obligatory to an intern or person on probation and he shall avail himself of all the rights, social and other guarantees of a civil servant, except for the provisions of Chapter Six of this Law. An intern or a person on probation shall receive a salary amounting to 70% of the basic salary of the position held. They shall not receive any bonuses or allowances.
13. The Government or a body authorised by it shall determine the length of internship and probation which, depending on the position, may not be longer than two and one year, respectively. The Government or a body authorised by it shall also determine the contents of the interns’ initial training, other peculiarities of internship and probation.
14. At the end of internship and a probationary period, the suitability of interns and probationers shall be evaluated by their immediate superiors.
15. Persons whose internship or probation receives a positive evaluation shall be appointed for an indefinite period as career civil servants.
16. Interns and probationers shall be appointed to their positions in appropriate state institutions or agencies by an order issued by the persons specified in paragraph 7 hereof.
17. The order shall become effective after the person permanently appointed to a position takes an oath of allegiance to the Republic of Lithuania. After the order becomes effective the person shall acquire the status of career civil servant. The civil servant shall be handed in a letter of appointment to the state service, signed by the Minister in charge of the Civil Service as well as the certificate of a civil servant. The standard form of the letter of appointment to the Public Service, the certificate of a civil servant and the procedure for their issuance shall be approved by the Government or a body authorised by it.
18. Persons to whom their immediate superiors give a negative assessment of their work during their internship or the probationary period shall be reassessed by the performance evaluation commission of the a state institution, agency or municipality.
19. Taking into consideration the findings of the performance evaluation commission, the officers specified in paragraph 7 hereof shall make the final decision on the negatively assessed work of the intern or probationer, issuing an appropriate order on the matter.
20. If the final decision is to give a negative assessment of internship or probationary period, the intern or probationer shall be dismissed.
Article 15. Recruitment of Civil Servants of Political (Personal) Confidence
1. Recruitment to positions of civil servants of political (personal) confidence shall be made without a competition by the choice of state politicians.
2. Applicants to specific positions shall be appointed by:
2) for positions in the President’s Office - by the President of the Republic or the person authorised by him;
` 3) for positions in the Prime Minister’s Office and departments under the Government of the Republic of Lithuania - by the Prime Minister or the person authorised by him;
4) in the ministries - for positions of the Deputy Minister or Deputy Minister -Department Director - by the Prime Minister on the recommendation of the minister; to other positions - by the minister;
3. Government representatives and county governors shall be appointed by the Government, and county governor deputies - by the Prime Minister on the recommendation of the county governor.
4. Upon entering the Civil Service and being appointed to the position of a civil servant of political (personal) confidence, the civil servant shall acquire the civil servant status from the appointment day. He shall be issued a standard certificate of the civil servant.
Article 16. Recruitment of Public Managers
1. Public managers shall be recruited on the basis of public competition or without a competition on the basis of political (personal) confidence. The institutions whose public managers are civil servants of political (personal) confidence as well as state politicians who have the right to appoint public managers of the said institutions - civil servants of political (personal) confidence shall be determined by the law.
2. Public managers shall be recruited on the basis of public competition for the term of office specified by the foundation deed of the institution, and other legal acts. The term of office may not be longer than 5 years and shall not depend on the term of office of the Seimas, the President of the Republic or municipal councils. Public managers shall be recruited by applying with regard to the prospective applicants the method of assessment on merit. Subjected to assessment shall be their leadership abilities, managerial and professional skills and other competencies.
3. Applicants to the positions of public managers which are included in the list approved by the Government, must submit a certificate of graduation from the Lithuanian Institute of Public Administration testifying to their completion of the senior civil servant training programme (or an equivalent programme).
4. Public managers shall be recruited to their positions in the Public Service by the head of the institution or agency to whom the new appointee is accountable or by the person authorised by the head (in the municipality - by the Administrator). Upon assessing the applicants on the merit, he shall determine the winner of the competition and appoint him to the position of public manager or turn down all the applicants.
5. Having entered the Civil Service and having been appointed to the position of public manager, the person shall acquire the status of the civil servant as from the day of his appointment. He shall be issued a standard certificate of the civil servant.
6. Upon the expiry of the term of office the public manager who has been appointed on the basis of public competition may repeatedly submit his application for participation in the public competition for the appointment to the position of public manager. Unless the foundation deed of the institution or other legal acts provide otherwise, the number of a person’s term of office in the position of public manager shall not be limited.
Article 17. Recruitment of Acting Civil Servants
1. Acting civil servants shall be recruited to the Civil Service on the basis of public competition or political (personal) confidence.
2. Persons acting for the temporarily absent civil servants of political (personal) confidence shall be recruited in the manner laid down in Article 15 of this Law.
3. Persons acting for the temporarily absent career civil servants shall be recruited on the basis of public competition. They shall be subject to the applicants’ assessment technique - assessment on merit.
4. The applicants who are recruited on the basis of public competition shall be assessed, the decision on their suitability for positions of career civil servants shall be taken and appointments shall be made:
1) at the Seimas and President’s Office: of career civil servants - by the heads of the Offices, of civil servants of political (personal) confidence - by the heads of the appropriate institutions or persons authorised by them;
3) at other courts (except for the Constitutional Court and the Supreme Court of Lithuania), the prosecutor’s offices, the State Control, the Bank of Lithuania, the Office of the Seimas Ombudsmen, the Office of the Equal Opportunities Ombudsman, the State Security Department, other institutions and agencies not accountable to the Government - by the heads of the above institutions or agencies;
4) at the institutions and agencies accountable to the Government: of career civil servants- by persons responsible for personnel management, of civil servants of political (personal) confidence - by the heads of the above institutions or agencies;
5) at municipalities: of career civil servants - by the Administrator or the Municipality Controller, of civil servants of political (personal) confidence - by the Mayor. The Municipality Controller shall make decisions regarding the applicants’ suitability to positions of career civil servants at the office of the Municipality Controller.
5. Upon admission to the Civil Service and appointment to a position as an acting civil servant, the person shall acquire the status of the civil servant as from the day of appointment. He shall be issued a standard certificate of the civil servant.
6. Acting civil servants shall be recruited to the Civil Service on a temporary basis for a period which may not exceed 4 years, until the return of civil servants who are not able to perform their duties. The terms and conditions of recruitment of acting civil servants shall be established by the Government or the institution (agency) authorised by it.
Article 18. Recruitment of Public Employees
1. Recruitment to the positions of public employees shall be made on the basis of a public competition in the manner prescribed by the Government or the body authorised by it, or as prescribed by laws or statutes. Recruitment to the position of the public managers of service institutions shall be made pursuant to Article 16.
Article 19.Oath of the Civil Servant
1 Upon entry into the Public Service to the position of a career civil servant the person shall swear an oath of allegiance to the Republic of Lithuania. The text of the oath of a civil servant shall read as follows:
“ I, (first name, name),
swear to serve faithfully to the Republic of Lithuania and its people, to respect and observe the Constitution and laws, and perform the duties of a civil servant in good faith;
So help me God.”
3. The oath of a civil servant shall be administered:
2) at the Constitutional Court and the Supreme Court of the Republic of Lithuania - by heads of the Courts;
3) at other courts, with the exception of the Constitutional Court and the Supreme Court of Lithuania, - by the Minister of Justice;
5) at the State Control, the Bank of Lithuania, at the Office of the Seimas Ombudsmen, at the Office of Equal Opportunities Ombudsman, the State Security Department - by heads of these institutions and agencies;
6) at the institutions and agencies accountable to the Government - by heads of these institutions and agencies;
7) of the personnel of state commissions appointed by the Seimas, the Chairman of the Seimas or President of the Republic - by their chairmen;
Article 23. Duties of Civil Servants
A civil servant must:
5) without delay notify his superior about tasks or instructions which are illegal in his judgement;
6) make decisions in accordance with legal acts setting forth their competence, and insist that theses decisions are carried out in a timely and precise manner. In making decisions, civil servants must be guided by the principle that all persons are equal;
9) guarantee the transparency of his activities at work, and provide information in a prescribed manner concerning his work;
12) in solving public issues, co-operate and exchange information with his fellow civil servants and civil servants of other institutions and agencies;
13) protect from loss and illegal disclosure state or professional secrets. Refrain from using and refuse to allow to use official or work related information in a manner and degree other than set forth by laws and other legal acts;
14) refrain from using directly or indirectly state or municipal property, also property rented by the state or municipalities for purposes other than activities related to work, unless otherwise provided by internal regulations of a state institution, agency or municipality or by other legal acts;
15) refrain from using time at work for political activities (with the exception of political (personal) confidence civil servants), refrain from using time at work for activities not related to work, except for teaching activities or other activities set forth by legislation as well as participation in the activities of trade unions pursuant to subparagraph 10, paragraph 1 of Article 21 of this Law. The said activities do not excuse civil servants from carrying out their official duties;
16) in the event of a strike, protect and supervise key public buildings, equipment and premises and provide to the public minimum of services as set forth in legislation;
Article 21. Rights of Civil Servants
1. Civil servants shall have the right:
1) to a real and viable job in carrying out duties of a certain category and grade, irrespective of a political change of the state or local government. This right shall be restricted for civil servants of political (personal) confidence;
2) to a career in the service according to their professional qualifications, merits and the opportunities offered by the Civil Service. This right shall be granted only to career civil servants;
3) to receive the basic salary appropriate to their grade, a bonus set out in this Law, allowances and other benefits;
4) to training and improvement of professional qualification financed from the state, municipal government and other budgets, as well as from state funds and state resources;
5) to acquire information from their superiors, fellow civil servants and civil servants in other institutions necessary for carrying out their tasks and instructions;
7) to a state pension of civil servants, to social and other guaranties as set out in this Law and other legal acts;
8) to strike. This right shall not be granted to civil servants holding positions of heads of departments of an institution or an agency, or senior positions, and to civil servants who are prohibited from going on strike by laws and statutes;
9) to membership in trade unions, organisations and associations, also to membership in political parties and organisations, and to participation in political activities not during the official time. This right shall not be granted to civil servants who are prohibited from doing so by the law and statutes;
10) civil servants who are representatives of trade unions or who have been elected as representatives of civil servants - to participate in deciding the issues related to performance evaluation of civil servants, promotion, penalties, working conditions, as well as in organisational matters of trade unions, giving for up to 10 hours of office time per month for these activities;.
12) to refuse to carry out a task or an instruction if, in their opinion, the task or the instruction is in breach of the law or a Government decision. A civil servant must report the matter in writing to his superior, and carry out the task or the instruction only if he is directed to do so in writing. In this case responsibility for the consequences of carrying out an illegal task or an instruction shall lie not with the civil servant who has carried out the task or the instruction but with the superior who has given the task or the instruction. In no way should a task or an instruction be carried out if such an act would constitute a criminal or administrative offence, while the civil servant could be aware or had to be aware of the criminal nature of such behaviour. Responsibility for the consequences of carrying out such a task or an instruction shall lie not only with the civil servant but also with his superior who has given the task or the instruction. In a like manner no task or instruction must be carried out if the behaviour which this entails on the part of the civil servant is degrading to the human dignity;
13) after the expiry of the term of appointment to a political position referred to in paragraph 21, Article 2 of this Law, the expiry of the term at the Seimas or the municipality council, following resignation from the political position referred to in paragraph 21, Article 2 of this Law or renunciation of the mandate of a member of the Seimas or a member of the municipality council, persons who before the appointment to said positions or before election to the position of a member of the Seimas or a member of the municipality council were career civil servants, have the right, in accordance with the procedure prescribed by the Government or a body authorised by it, to be reinstated in their earlier positions, or, if there is no possibility for that to other positions of the same category and grade. Within one month these persons must apply to the Agency of the Management of the Civil Service regarding the re-establishment of the status of a civil servant. The same right shall be enjoyed by the judges of the Constitutional Court, the Supreme Court of Lithuania, other courts, the State Controller and his deputies, the Seimas Ombudsmen, the Equal Opportunities Ombudsman, Chairman of the Board of the Bank of Lithuania, members of the Chief Election Commission, heads of institutions and agencies appointed by the Seimas, chairmen, vice chairmen and members of the commissions formed by the Seimas, Chairman of the Seimas or President of the Republic, persons invited to work at international organisations where the Republic of Lithuania is a member, special attaches of the Republic of Lithuania, civil servants working at the diplomatic missions and consular establishments of Lithuania, their spouses (if they went abroad together with the person appointed to an appropriate position) as well as persons drafted to the mandatory military service or the alternative national defence service provided that before their appointment to those positions, before going abroad or before being drafted into the military service they were career civil servants. A civil servant who has completed his service in the army shall be granted the right to be reinstated in his former position at the same institution or agency;
14) after the expiry of the term in office or the powers of state politicians who have selected civil servants of political (personal) confidence or after the expiry of the term in office of public managers, career civil servants admitted to the positions of civil servants of political (personal) confidence or to the positions of public managers shall have the right to be reinstated in their previous positions in accordance with the procedure prescribed by the Government or a body authorised by it, or if there is no possibility for reinstatement, to go to another position of the same category or grade. Persons who were not career civil servants before becoming civil servants of political (personal) confidence shall lose the status of a civil servant and shall be dismissed from the Civil Service pursuant to subparagraph 14, paragraph 1 of Article 56 of this Law. They shall be paid a compensation in the amount of 3 monthly average pays. When civil servants of political(personal) confidence lose the status of a civil servant as a result of no confidence expressed by state politicians who have chosen them they shall also lose the status of a civil servant and shall be dismissed from the Civil Service pursuant to subparagraph 14, paragraph 1 of Article 56 of this Law. They shall be paid a compensation in the amount of one average monthly pay;
Article 22. Activities Incompatible with the Public Service
Civil servants must not:
1) be members of the management bodies of enterprises, non-profit organisations, with the exception of cases provided by the law, nor must they receive remuneration for their work in the management bodies of these enterprises and non-profit organisations, with the exception of cases provided by the law;
2) enter into contracts on behalf of the institution or an agency at where the civil servant is employed with personal enterprises, partnerships whose owners, general or limited partners they or persons referred to in paragraph 18, Article 2 of this Law are, with public companies where they or persons referred to in paragraph 18, Article 2 of this Law have shares or under a letter of attorney manage another person’s shares;
3) represent the interests of their country or foreign enterprises, other institutions or agencies or travel abroad at the expense of enterprises;
4) work as an employee, advisor, expert or consultant in private institutions or enterprise, get a salary other than set out by this Law, except a salary for work in commissions of elections of all levels and referendums and under contracts with election and referendum commissions as well as for work in management bodies of enterprises and non-profit organisations if this is provided by law, for scientific and pedagogical work at scientific, educational establishments and training centres of civil servants, for work in groups and commissions involved in preparation of legal acts provided this work is not specified in the job description, also for works which are the object of copyright under the Law on Copyright and Related Rights;
6) strike if the career civil servant in public administration holds the position of head of a department of an institution or an agency or a higher position or if this is prohibited by laws or statutes;
Article 23. Promotion
2. Persons seeking a position in a grade below 20 may take part in the open competition together with persons seeking employment in the Civil Service. If the assessment of a person seeking employment in the Civil Service and of a person seeking promotion is equal, the civil servant shall be given preference.
3. To the positions in grade 20 and higher civil servants shall be appointed through a closed competition . Civil servants of any institution or agency holding positions in a grade lower than that of the position sought may take part in the competition. During the competition account shall be taken of professional qualities, their ability to perform various duties in the same grade, length of service in the current position, improvement of qualifications related to the new position. Closed competitions shall be held by state institutions, agencies and municipalities in the manner prescribed by the Government or a body authorised by it.
4. An open competition may be held for positions otherwise filled through a closed competition pursuant to paragraph 3 of this Article when:
1) following announcement of a closed competition, there are no applicants from among the civil servants;
5. Open competitions referred to in paragraphs 2 and 4 of this Article shall be held in the manner specified in Article 14 of this Law.
6. Civil servants seeking positions in a grade higher than the lowest grade of a certain category must have completed the initial training programme of civil servants.
7. Civil servants seeking positions of senior civil servants recorded in the list approved by the Government must have completed a relevant training programme of the Lithuanian Institute of Public Administration or an equivalent programme.
Article 24. Mobility
1. Career civil servants may on their own initiative seek a change of the position held into another position of the same category and grade or into a lower position at another institution or agency.
2. Civil servants seeking positions of a grade lower than 20 shall take part in open competitions together with outside applicants to the Civil Service or inside civil servants seeking promotion.
3. Civil servants seeking position in grade 20 or higher shall take part in closed competitions together with those civil servants who seek promotion.
Article 25. Performance Evaluation
1. The aim of performance evaluation is to develop professional abilities of a civil servant. Performance evaluation of civil servants shall be carried out by:
2. The direct superior of a civil servant shall make an annual evaluation of the civil servant’s performance in the manner established by the Minister in charge of the Civil Service.
3. Following the performance evaluation, the direct superior of the civil servant shall propose to the head of the institution (where the head of the institution or agency is a politician, the proposal shall be made to the person in charge of personnel management at the institution or agency):
1) to grant a bonus to the civil servant for excellent performance (when the performance of the civil servant has been evaluated as outstanding);
4. Following an excellent or unsatisfactory evaluation of the performance of a civil servant holding a position lower than that of the head of the institution or agency by his direct superior, a repeated evaluation of the performance shall be made by the performance evaluation commission. In those cases when the performance of a civil servant holding a higher position is evaluated as unsatisfactory, a repeated evaluation shall be made either by the Personnel Management Board or the Officials’ Performance Evaluation Commission in accordance with their respective competence.
5. On the basis of the proposal by the direct superior of a civil servant and the conclusions of the performance evaluation commission, the Personnel Management Board or the Officials’ Performance Evaluation Commission, the head of the institution or agency (or the person responsible for the personnel management at the institution or an agency provided the head of the institution is a politician) shall make the final decision and issue an appropriate decree on the award of a bonus for excellent service, demotion of a civil servant or his transfer to another position.
6. Within 14 days from the issuance of the decree the civil servant may appeal to court against the decree in the manner prescribed by the law. Following the cancellation of the order by court, within 5 work days the civil servant shall be paid the difference in the salary which he failed to receive because of the demotion. The civil servant shall also be paid the default interest calculated in the manner established by the Government or a body authorised by it.
Article 26. Performance Evaluation Commissions
1. A performance evaluation commission shall be formed at every state institution, agency or municipality from the heads of units of state institutions or agencies (at municipalities - from the heads of units of municipality administration and municipal institutions as well as employees of the municipality control office), representatives of trade unions and/or elected representatives of civil servants. Performance valuation commissions formed at institutions and agencies accountable to the Government, and at the institutions and agencies accountable to the Government and at the municipalities shall be headed by persons responsible for personnel management referred to in Articles 58, 59 and 60 of this Law accordingly. The activities of the commissions shall be defined in the regulations drawn up on the basis of standard regulations of performance evaluation commissions approved by the Minister in charge of the Civil Service.
2. Performance evaluation commissions at state institutions or agencies shall evaluate the performance of civil servants holding positions lower than those of heads of units of institutions or agencies. Performance evaluation commissions formed at municipalities shall evaluate performance of the municipality civil servants of all grades.
3. Performance evaluation commissions shall :
1) make a repeated evaluation of a civil servant’s performance when his direct superior evaluated it as excellent or unsatisfactory and submit its conclusions to the head of the institution or agency.
Article 27. The Personnel Management Board
The Personnel Management Board shall be composed of secretaries of the ministries and the Government Secretary. The Government Secretary shall be the head of the Personnel Management Board. The activities of the Board shall be governed by regulations approved by the Minister in charge of the Civil Service.
2. The Personnel Management Board:
1) shall make a performance evaluation of the heads of the Government’s Office, agencies subordinate to the ministries, and Government departments, who are not civil servants of political (personal) confidence as well as performance evaluation of their deputies, secretaries of the ministries and their deputies when unsatisfactory results of their work have been reported to the Personnel Management Board. The Personnel Management Board shall also make a performance evaluation of the heads of the Government’s Office, the agencies subordinate to the Government and their deputies at an appropriate request of the Prime Minister. The Personnel Management Board shall also make a performance evaluation of the secretaries of the ministries and their deputies as well as of the heads of agencies subordinate to the ministries and their deputies at an appropriate request of the ministers. If the performance of the secretary of a ministry or the Government Secretary are evaluated the person under review must stay away from the evaluation of his activities;
2) shall make a repeated performance evaluation of civil servants holding positions lower than those of the head of a division at the institutions and agencies referred to in subparagraph 1, paragraph 2 of this Article, if the direct superior has given an unsatisfactory evaluation, and shall submit its conclusions to the head of the institution or agency;
3) shall submit conclusions and proposals to the Minister in charge of the Civil Service about draft legal acts regulating personnel management at the institutions and agencies accountable to the Government;
4) shall make proposals to the Minister in charge of the Civil Service about the annual needs of recruitment of civil servants at the agencies accountable to the Government;
5) taking into account the conclusions of the commissions of selection of applicants to the Civil Service and the requests of the applicants, shall make proposals to the head of the Agency of the Civil Service Management about appointing these applicants as interns at the agencies accountable to the Government;
6) shall make proposals to the Head of the Civil Service Management about the annual training syllabuses and priorities for the civil servants;
3. In the cases specified in subparagraphs 1 and 2, paragraph 2 of this Article, the board of personnel management following an unsatisfactory performance evaluation of a civil servant shall make proposals to his superior:
Article 28. The Officials’ Performance Evaluation Commission
1. The Officials’ Performance Evaluation Commission shall be made up of 5 persons. The Minister in charge of the Civil Service, the Government Chancellor, the Head of the State Tax Inspectorate, Director General of the State Security Department and Commissioner General of the Police Department each shall appoint to the Commission one person of integrity, with a record of work in the Civil Service of no less than 5 years, for a term of 3 years. The appointees may be members of the Commission for no longer than for two terms in succession. From among the members of the Officials’ Performance Evaluation Commission the Government shall appoint chairman of the Commission. Activities of the Commission shall be governed by its approved regulations. Representative of trade unions and/or elected representatives of civil servants may take part in the activities of the Commission. The Commission shall function as a voluntary body. It will get technical assistance from the Agency of the Civil Service management.
2. The Officials’ Performance Evaluation Commission shall evaluate the performance of officials holding positions of heads of state institutions and agencies (with the exception of public managers who are civil servants of political (personal) confidence and other officials appointed to their positions by the Seimas or some other government institution), their deputies or heads of departments.
3. The Official’s Performance Evaluation Commission shall:
1) evaluate the performance of officials when the head of a higher institution or agency or the head of the institution (agency) where the official is employed applies to the Commission because of the unsatisfactory results of the officials’ work;
4. The Officials’ Performance Evaluation Commission in the cases referred to in subparagraphs 1 and 2, paragraph 3 of this Article, upon an unsatisfactory performance evaluation of officials shall make proposals to their superiors:
Article 29. Demotion
1. Upon an unsatisfactory performance evaluation of the civil servant by his direct superior, the head of the institution or agency (or the person responsible for the personnel management at the institution or agency provided the head of the institution or agency is a politician), taking into account the conclusion of the Performance Evaluation Commission, the Personnel Management Board or the Officials’ Performance Evaluation Commission within the limits of their competence, may demote the civil servant, in the manner prescribed by the Government or a body authorised by it, by dismissing him from the position he holds and transferring him to a position lower by one or two grades within the same institution or agency. He shall be paid a salary of a lower position. A civil servant may be demoted when in cases referred to in subparagraph 1, paragraph 2 of Article 27, and subparagraph 1, paragraph 3 of Article 28, his performance has been evaluated as unsatisfactory by the Personnel Management Board or the Officials’ Performance Evaluation Commission.
2. Certificates of civil servants who have been demoted shall be replaced by other certificates in accordance with their new position and grade.
3. Civil servants who have been demoted for reasons of their unsatisfactory performance evaluation shall not be entitled for a period of one year to have a leave of absence and to a bonus for excellent performance.
4. Civil servants demoted for an unsatisfactory performance evaluation for three consecutive years shall be dismissed from the Civil Service without any severance pay pursuant to subparagraph 17, paragraph 1 of Article 56.
5. In the manner prescribed by the Law on Administrative Proceedings civil servants have the right to lodge a complaint against the decision of the head of the institution or agency (or the person responsible for the personnel management at the institution or agency provided the head of the institution or agency is a politician) to demote him.
6. Civil servants who refuse to be demoted for reasons of unsatisfactory performance evaluation and who have failed to lodge a complaint against their demotion, shall lose their status of a civil servant and shall be dismissed from the Civil Service pursuant to subparagraph 3, paragraph 1 of Article 56. In this event they shall be paid a severance pay equal to 4 average salaries.
Article 30. Transfer to Another Position
1. Where the work requires it, the head of the institution or agency has the right to make a temporary transfer of a career civil servant to another, vacant position either of the same category and grade, or of a higher or lower grade (but by not more than 2 grades) at the same institution or agency situated in the same location.. The civil servant shall receive the same salary he was paid before the transfer.
2. Where the work requires it, and with the agreement of heads of two institutions, a career civil servant may be transferred, on a temporary basis, to another, vacant position either of the same category and grade, or of a higher or lower grade (but by not more than 2 grades) in another institution or agency situated in the same or another location. The civil servant shall receive the same salary he was paid before the transfer.
3. In the cases specified in paragraphs 1 and 2 of this article, civil servants may be transferred on a temporary basis to another position in the same location without their consent.
4. A temporary transfer to another position of the same category and grade, higher or lower (but by not more than 2 grades) in the same institution or agency situated in a different location shall be possible only with the written consent of the civil servant, except in a state of emergency or other crises. In such cases the consent of the civil servant is not necessary.
5. In the situations specified in paragraphs 1, 2, and 4 of this article, a civil servant may stay in the position to which he has been transferred for not more than one year within 5 years of his employment in the service if he is transferred to a position of the same category and grade or a higher grade position, and for not more than 10 months if he is transferred to a position of a lower grade.
6. A civil servant may be transferred, with his written consent, to Lithuania’s diplomatic missions and consular institutions abroad. The procedure for appointing those persons to positions at Lithuania’s diplomatic missions and consular institutions abroad and their dismissal, their work pay and social guarantees during the service abroad shall be set forth by legislation and other legal acts.
7. If the direct superior of a civil servant gives an unsatisfactory rating for his performance, the head of the institution or agency (or a person in charge of the personnel management at the institution or agency if the head of the institution is a politician) , taking into account the opinion of the Performance Evaluation Commission, the Personnel Management Board or the Officials’ Performance Evaluation Commission within the limits of their competence, and with the agreement of the head of another institution or agency, may transfer the civil servant to another position at another institution or agency, i.e. to dismiss him from his current position and transfer him to another position of the same category and grade at another institution or agency in the manner established by the Government or a body authorised by it. A civil servant may also be transferred to another position when he was given an unsatisfactory rating for his performance in the cases referred to in
subparagraph 1, paragraph 2 of Article 27 and subparagraph 1, paragraph 3 of Article 28 by the Personnel Management Board and the Officials’ Performance Evaluation Commission.
8. Persons who do not consent to their transfer to another position because of an unsatisfactory rating of their performance (as specified in paragraph 7 of this Article) shall lose their status of a civil servant and shall be dismissed from the Civil Service under subparagraph 3, paragraph 1 of Article 56. In this case they shall be paid a severance pay in the amount of 4 months of the average pay he received in his previous position.
Article 31. Remuneration
Remuneration of a civil servant shall be comprised of:
Article 32. Basic Salary
1. The basic salary shall be paid for the grade of the civil servant and shall be the same for all the positions in the same grade.
2. The amount of the basic salary shall be determined in accordance with the coefficient of the basic salary the rates whereof for different grades shall be set forth by the law. The basic salary coefficient as expressed in LTL and cents shall be equal to the amount of the minimum monthly salary. The amount of the basic monthly salary shall be calculated by multiplying the appropriate coefficient of the basic salary by the amount of the minimum monthly salary. The basic salary below 1000 LTL shall be rounded in accordance with the rules of rounding figures up to the Litas, and the salary above 1000 LTL shall be rounded in such a way that the last digit is either 0 or 5.
Article 33. Seniority Bonus
2. The length of employment in the Civil Service shall be determined from the date of concluding the employment contract at state institutions, agencies and municipalities, which shall be viewed as the beginning of the service, up to the date of entry into force of this Law or of appointment to a position in the Civil Service in the manner prescribed by this Law, other laws or statutes. The length of service at different periods at state institutions, agencies or municipalities shall be added up. The length of service shall include the period of internship or probation, as well as the annual holiday time, except the leave of absence as set forth in Article 52.
Article 34. Additional Pay
1. Civil servants shall be eligible for additional pay if they perform work on days off, holidays and at night, if they work in harmful, highly harmful and hazardous conditions, also for performing duties beyond the scope of their normal job description or duties which exceed the usual work load because of a temporary disability of another staff member or because of additional assignments. Additional assignments must be formulated in a written instruction. Additional pay for work under harmful, very harmful and hazardous conditions shall be paid on condition that this was not taken into account when determining the grade of the position.
2. Additional pay for work under conditions specified in paragraph 1 of this Article may not be in excess of 50 percent of the basic salary.
Article 35. Other Allowances
1 . A civil servant shall be entitled to receive, in the manner prescribed by the Government, allowances as reimbursement for the expenses incurred during a business trip, as well as other allowances related to the performance of his duties in the Civil Service.
2. Civil servants appointed to their positions at the diplomatic missions and consular institutions of the Republic of Lithuania shall be entitled, in the manner prescribed by the Government, to reimbursement of the expenses related to their work abroad, of the expenses related to the maintenance of their spouses and children (foster children) accompanying the appointed civil servants abroad.
Article 36. Types of Training
1. Initial training shall be acquisition of knowledge and development of skills of persons seeking employment as career civil servants. Initial training shall be an obligatory component of admission into the positions of career civil servants culminating in the test on the material covered during the training. Initial training shall consist of training in accordance with general programs common for civil servants of the same grade, and training according to special programmes tailored to meet the needs of a concrete position.
2. In-service training shall be improvement of special professional knowledge and development of skills at the initiative of a civil servant, institution or agency during the tenure or when seeking promotion. A certain portion of in-service training shall be compulsory.
3. Training of senior civil servants shall be improvement of professional knowledge and development of skills with a view of being appointed to the top grades of civil servants.
4. The requirements for the content of curricula of initial training, in-service training and training of the senior civil servants, the procedure of testing of the materials covered by the curricula, and the relation of the curricula for civil servants with formal curricula shall be established by the Government or a body authorised by it.
5. The content of the curricula for initial training, in-service (obligatory) training and training of senior civil servants shall be prescribed, the curricula shall be developed and managed, and testing of the material covered by the curricula shall be organised by the Lithuanian Institute of Public Administration.
Article 37. Financing of Training
1. Training of civil servants shall be financed by the state and municipalities. The budgets of the state, municipalities and other budgets, state funds and other public expenditure estimates shall have funding provisions for the planned training of civil servants of state institutions, agencies, and municipalities; in comparison with the allocations for the remuneration of civil servants, the expenditure for training must make up from 1 to 5 per cent of the amount of these allocations.
2. The expenditure estimates of the institutions and agencies shall have funding provisions for training of civil servants which, in comparison with the allocations for the remuneration of civil servants, shall make up from 1 to 5 per cent of the amount of these allocations.
3. If, having completed a training course of no less than 3 months in a row, a civil servant leaves the Civil Service after less than one year in the service by resigning from it, withdrawing from the Civil Service for a year or a longer period for personal reasons or is dismissed as a result of a disciplinary penalty, he must compensate the expenses for his training to the state institution, agency or municipality within 3 months from the day of leaving the Civil Service.
Article 38. Management of the Training Process
1. The state strategy of training of civil servants shall be determined by the Government. The institutions, agencies and municipalities, following the state strategy , shall set forth the priorities of training of the their civil servants.
2. Training of civil servants shall be organised in accordance with annual plans which prescribe the priorities and financing of these activities.
3. State institutions and agencies, taking into account the state strategy for the training of civil servants, shall develop annual plans prescribing training tasks which are adjusted to the needs of a state institution, agency or municipality and the individual needs of the civil servants.
4. The Minister in charge of the Civil Service shall draw up framework plans for the training of civil servants of state institutions and agencies; he shall also make an estimate for the funds needed which may not be in excess of the amount referred to in paragraph 1, Article 37 of this Law, and shall propose to the Government to include this amount into the draft state budget.
5. Municipalities shall determine the strategy of training of their civil servants; on its basis annual syllabuses for municipality civil servants shall be developed and funding provisions for training shall be made in municipality budgets that must not be in excess of the amount referred to in paragraph 1, Article 37 of this Law.
6. Persons in charge of the personnel management shall organise and be responsible for the training of civil servants at state institutions, agencies and municipalities.
Article 39. Disciplinary Sanctions
1. Civil servants shall be imposed disciplinary sanctions for misconduct in office referred to in Articles 40, 41 and 42 of this Law.
2. More severe sanctions shall be imposed for wilful misconduct rather than for misconduct through negligence.
3. One case of misconduct shall be punishable by only one disciplinary sanction. The third case of misconduct of the same gravity committed in the course of 1 year shall be qualified as more serious misconduct.
4. For the same misconduct an official shall be liable to a more severe disciplinary sanction than a civil servant who, according to his position, does not have administrative powers with respect to other persons.
5. A civil servant who is suspected of committing misconduct may be represented during the procedure of imposing sanctions by a lawyer or other authorised person.
6. The decision to impose a disciplinary sanction may be appealed against in the manner prescribed by the Law on Administrative Proceedings.
Article 40. Serious Misconduct
1. Serious misconduct is a nonfeasance or misfeasance committed by a civil servant in direct violation of the person’s constitutional rights, in gross breach of the law or duties of a civil servant as specified in this Law:
2) impolite treatment of customers and other actions directly violating persons’ constitutional rights;
6) misuse of one’ official position with a view of receiving unauthorised payment for oneself or others;
7) request (oral or in writing) from one’s subordinates to perform unlawful assignments or instructions following the subordinate’s notice that, in his opinion, the assignment or instruction contradicts the law or a resolution of the Government;
9) being intoxicated with alcohol, drugs or toxic substances during office hours. In such a case, the superior of a civil servant shall suspend him from his duties for the rest of the day, and his pay for that period shall be withheld;
10) violation of equal opportunities or sexual harassment. Liability shall be greater if the object of violation of equal opportunities or harassment is a subordinate person.
2. Violations specified in this Article shall be punishable, with account of the causes, circumstances and consequences of misconduct, by one of the following sanctions:
3) suspension from office for a period from 1 to 6 months. During that time the civil servant shall not be paid the salary; he may have any other job with the exception of the Civil Service;
Article 41. Medium Misconduct
1. Medium misconduct is nonfeasance or misfeasance committed by a civil servant resulting in a gross breach of the prescribed regulations or work procedures:
1) nonfeasance or misfeasance resulting in failure of the institution or agency to perform in due time an administrative procedure;
4) political activity during office hours (with the exception of civil servants of political (personal) confidence);
5) insult by word or action of a civil servant during the course of his duty. Liability shall be higher if the insulted person is a subordinate;
7) repeated absence (more than two times a month) from the work place for a period longer than 1 hour without a good excuse;
2. One of the following disciplinary sanctions shall be imposed for the misconduct specified in this Article, taking into account their causes, circumstances and consequences:
2) suspension from the office for a period from 10 days up to 1 month. During that period the civil servant shall not receive any remuneration; he may have any other job with the exception of the Civil Service;
Article 42. Petty Misconduct
1. Petty misconduct is an action or conduct of a civil servant involving a minor infringement of regulations and work procedures at the institution or agency.
Article 43. Disciplinary Sanctions
1. The procedure of imposing disciplinary sanctions shall be initiated following the receipt by the superior of the civil servant of a written notice about misconduct in office by the civil servant.
2. A disciplinary sanction must be imposed within 1 month after the day when an act of misconduct was brought to light, excluding the time during which the civil servant was absent from work for reasons of illness or was on holiday. A disciplinary sanction may not be imposed after the expiration of 6 months from the day of an act of misconduct.
3. When it becomes evident that misconduct in office has elements constituting a criminal offence, the procedure of imposing disciplinary sanctions shall be suspended and the materials of investigation shall be referred to an investigating authority. When a decision of no case is given or when the defendant is exempted from criminal liability, the procedure of imposing a disciplinary sanction shall be resumed and the sanction must be imposed within 1 month if not more than 1 year has elapsed since the preliminary investigation or the court proceedings. After more than 1 year has elapsed, the procedure of imposing a disciplinary sanction shall be terminated.
4. The procedure of imposing disciplinary sanctions shall be established by the Government.
Article 44. Expiration of a Disciplinary Sanction
1. The civil servant shall be deemed not to have incurred a disciplinary sanction, when:
1) no less than 2 years have passed from imposition of a sanction for serious misconduct (with the exception of the sanction of dismissal from the Civil Service);
2. Pending the expiration of the sanction, there shall be valid entries about the act of misconduct in office and the disciplinary sanction imposed in the personal file of the civil servant and in the Register of Civil Servants. During this period the civil servant shall not be entitled to a leave of absence referred to in Article 52 of this Law or to a bonus for excellent performance referred to in Article 47 of this Law. The valid sanction may be taken into account when the civil servant seeks promotion.
3. After the expiration of the time specified in paragraph 1 of this Article, entries about an act of misconduct in office by the civil servant and the sanction imposed shall be expunged in the personal file of the civil servant and in the Register of Civil Servants.
4. A disciplinary sanction, with the exception of a sanction for serious misconduct may be lifted at the request of the civil servant if he is given an incentive specified in paragraph 1, Article 46 of this Law. A decision to lift a disciplinary sanction shall be made by heads of institutions or agencies, with the exception of agencies accountable to the Government. Decisions concerning the civil servants of the above agencies shall be made by the head of the Agency of the Civil Service Management. A decision to lift a disciplinary sanction at the municipalities shall be made by the municipality administrator, while a decision to lift a disciplinary sanction for the municipality administrator shall be made by the mayor (if there is a board - the decision shall be made by the board).
Article 45. Personal Liability
1. A civil servant must compensate for direct and actual damage caused by his wilful illegal decisions, nonfeasance, or gross negligence in performing his duties, when the institution or agency had to pay damages, also by actions which are not in line with his powers or are contrary to the decisions of the head of the institution or agency which had authorised him to represent the state or municipality capital; however, the compensation must not be in excess of the salary for the last 6 months. Damage caused by intentional illegal decisions, nonfeasance or gross negligence of a civil servant with whom a written contract on full material liability has been concluded, as well as damage caused by an offence shall be compensated to the full amount established by the court. Full personal liability shall also be applicable when, in the event of corpus delicti, a decision of no case is given or when a person is exempted from criminal liability.
2. The head of a state institution, agency or municipality, who, in contravention of the provisions of the law, has granted powers to an attorney or a civil servant delegated to the management body of an enterprise, who have caused damage to the state or a municipality, must fully compensate the damage but not in excess of the salary for the past 6 months.
3. The head of a state institution, agency or a municipality whose decisions on dismissal from the Civil Service, demotion or suspension of a civil servant from office have been reversed by court, shall compensate to a state institution, agency or municipality if the civil servant was paid for a forced absenteeism or for the period during which he received a reduced salary. The compensation shall not exceed the amount of salary for the last 6 months.
4. Within 2 weeks after establishing the fact of a damage or receipt of a court decision, the head (the person responsible for the personnel management) of a state institution, agency or municipality shall make a decision to recover damages . A decision on the recovery of damages from the head of an institution or agency shall be made by the head of an institution or agency to which the head who caused the damage is accountable. A decision on the recovery of damages from the mayor of a municipality shall be made by the municipal council.
5. After making a decision to recover damages from the salary of a civil servant with whom a written contract on full material liability has not been concluded, sums shall be withheld every month, but not exceeding 20 percent of his basic salary. The procedure of establishing the amount of damages and their recovery shall be determined by the Government.
6. Damage caused by civil servants with whom a contract on full material liability has been concluded shall be compensated after an action is entered in court against a state institution, agency or municipality.
Article 46. Incentives and Awards
1. In the manner established by legal acts, civil servants shall be provided the following incentives:
2) a bonus. The bonus may be awarded for a single highly important assignment carried out well or for excellent performance during one year in service;
Article 47.Bonus for Excellent Performance
1 A civil servant may be awarded a bonus for excellent performance if his performance during one year has been rated as excellent. The general criteria for outstanding performance shall be determined by the Government. State institutions, agencies and municipalities may determine additional criteria in accordance with the character of their activities.
2. After assessment of the performance of civil servants in the manner set forth in Article 25 of this Law, recommendations for awarding a bonus for excellent performance shall be made by superiors of civil servants to the heads of institutions or agencies.
3. A decision to award a bonus for excellent performance shall be made by the head of an institution or agency, on the basis of recommendations by direct superiors of civil servants and the conclusions of the performance evaluation commission. A refusal to act on the recommendations must be motivated in writing.
Article 48. Working Hours, Safety at Work and Occupational Health
1. The working hours, safety at work and occupational health of civil servants shall be regulated by laws and other legal acts.
2. By a decision of the head of an institution or agency or another person authorised by him, a civil servant may be assigned to work longer hours and shall be given an additional pay specified in Article 34 of this Law.
Article 49. Holidays
Types of holidays, their minimum duration, the arrangements and conditions for granting the holidays and paying for them shall be regulated by the Law on Holidays and this Law.
Article 50. Annual Leave
2. Civil servants with a record of more than 5 years of employment in the Civil Service which is determined pursuant to paragraph 2, Article 33 of this Law, for each subsequent 3 year period of employment in the Civil Service shall be granted additional 3 days; however, the total duration of the annual leave may not be longer than 42 calendar days.
Article 51. Time Off Work for Relocation
A civil servant who is being transferred to another position in a different area shall be allowed up to 5 days off work for relocation. He shall be paid the average salary calculated in the manner prescribed by the Government, and compensated for the relocation expenses. The arrangement for compensating the said expenses shall be determined by the Government or a body authorised by it.
Article 52. Leave of Absence
1. Career civil servants with a record of uninterrupted employment in the Civil Service of no less than 2 years may leave the Civil Service for a period not longer than 3 years, with the right of having the status of a civil servant re-established. This period of absence shall not be included in the record of work in the Civil Service and shall not be paid for.
2. If the person on the leave of absence, does not apply in writing to the Minister in charge of the Civil Service with a request of re-establishment of the status of a civil servant at least 1 month before re-entering the Civil Service, he shall be dismissed from the Civil Service pursuant to subparagraph 16, paragraph 1, Article 56 of this Law.
Article 53. State Social Security. Health Insurance and Pensions
1. Civil servants shall be subject to obligatory state social insurance and health insurance according to the procedure and conditions laid down in the Law on State Social Insurance and the Law on Health Insurance.
2. Civil servants shall be granted and paid a state social insurance pension pursuant to the Law on State Social Insurance Pensions, and a state pension of civil servants under the Law on Civil Servants’ Pensions.
3. The right to a state pension of civil servants, the procedure for calculating the amount of the pension and the length of service, as well as the conditions for granting and paying the pensions shall be laid down in the in the Law on Civil Servant’s Pensions, the Law on State Pensions and other legal acts.
4. Obligatory contributions of state social insurance pensions for the spouse of a civil servant working at diplomatic missions and consular agencies of the Republic of Lithuania abroad for the period spent abroad together with the civil servant employed at a diplomatic mission or a consular agency shall be paid from ½ of the basic salary of the civil servant. This norm shall be no longer applicable when the spouse of the civil servant gets employment.
5. The time spent by the spouse abroad together with a civil servant working at a diplomatic mission or consular agency of the Republic of Lithuania shall be included into the period of state social insurance provided the fixed contributions of Lithuania’s state social insurance have been paid during that period.
Article 54. Compensation of Damage Caused by an Accident at Work or an
Occupational Disease
The arrangements to compensate for damage to civil servants caused by accidents at work or in the event of an occupational disease, its amount and persons entitled to the compensation shall be regulated by the Provisional Law on Damage Compensation in Accident at Work or Occupational Disease Cases, unless other laws provide otherwise.
Article 55. Other Guarantees
1. In the event of winding up, reorganisation or privatisation of a state institution or agency, winding up or reorganisation of a unit of the municipality administration or municipality institution, or cancellation of a position in the Civil Service, a career civil servant shall be transferred to another vacancy existing at that time or a newly instituted vacancy of the same category and grade, or to a lower position if there is no such vacancy, provided the civil servant gives his consent. The conditions and procedure of the transfer shall be determined by the Government.
2. A civil servant who perished due to service related causes shall be given a burial at state expense. The expenses for bringing over to Lithuania the remains of a civil servant who died abroad shall be reimbursed by the state in the manner established by legal acts.
3. Civil servants shall be guaranteed the position held and the average salary in the following cases:
1) when civil servants are sent by a state institution, agency or a municipality for initial or any other type of training provided by this Law;
5) when they are called up for training, exercises or duty assignments under the Law on Military Conscription;
Article 56. Reasons for the Loss of the Civil Servant Status
1. A civil servant who loses the status of a civil servant shall be dismissed from the Civil Service, with the exception of the case specified in paragraph 8 of this Article. Civil servants shall lose the status of a civil servant in the following cases:
4) election or appointment to the political positions specified in paragraph 21, Article 2 of this Law, election as a Member of the Seimas or a municipality (this shall be applied to the staff members of the municipality administration elected to the council of the same municipality;), appointment to the position of a judge of the Constitutional Court, the Supreme Court of the Republic of Lithuania or some other court, to the position of the State Controller, Chairman of the Board of the Bank of Lithuania, his deputy or a member of the board, to the position of the Seimas Ombudsman, the Equal Opportunities Ombudsman or other positions specified in paragraph 3, Article 4 of this Law , except subparagraphs 8, 9, and 10, or appointment to international organisations in which Lithuania is a member;
7) the penalty imposed by a court judgement for a serious crime or an offence against the Civil Service becomes effective;
8) the penalty imposed by a court judgement, barring him from discharging his duties becomes effective;
10) it comes to light that during the recruitment to the Civil Service facts were concealed or those presented were false; which would have made the person not eligible for the Civil Service;
11) upon reaching the normal retirement age pursuant to the Law on State Social Insurance Pensions. This shall not apply to civil servants of political (personal) confidence, acting civil servants, and public employees performing economic and technical functions. The head of a state institution or agency ( the administrator and controller of a municipality) may extend, when appropriate, the service of a civil servant beyond that age but for not more than 5 years. The head must notify the Agency of the Civil Service Management about the intended extension of the service but not later than 6 months before reaching the normal retirement age;
12) is absent from work owing to a temporary incapacity for a period longer than 120 calendar days in succession or longer than 140 days during the last 12 months, provided laws do not lay down that during certain illnesses the position shall be retained for a longer period;
13) the term in office of the public manager expires or an agency headed by him is winded up (this shall be applicable only to the public manager);
14) the mandate or term in office of a state politician who has chosen a civil servant of political (personal) confidence expire or the civil servant loses the confidence of a state politician, provided that before assuming the above position the civil servant of political (personal) confidence was not a career civil servant;
16) no application has been submitted about the re-establishment of the status of a civil servant after a leave of absence;
17) the performance evaluation of a civil servant has been unsatisfactory for 3 years in succession;
2. Owing to the reasons specified in paragraph 1, subparagraph 6 of this Article, the status of a civil servant shall be lost for no less than 10 years. After this period, the individual may re-apply to the Civil Service in the procedure prescribed by this Law and other legal acts.
3 Owing to the reasons specified in subparagraphs 7, 9, and 10 of paragraph 1 of this Article, the status of a civil servant shall be lost for ever.
4 When a career civil servant is dismissed from the Civil Service owing to the reasons specified in subparagraphs 2 and 11 of paragraph 1 of this Article, he may be re-instated in the Civil Service to positions of an acting civil servant, a civil servant of political (personal) confidence or a public employee carrying out economic or technical functions.
5 When a civil servant is dismissed from the Civil Service owing to the reason specified in subparagraph 12 of paragraph 1 of this Article, he may be re-instated in the Civil Service in the manner determined by the Government or a body authorised by it, when his state of health improves and he is able to discharge the functions of a civil servant.
6. A person dismissed from the Civil Service pursuant to subparagraphs 1, 3, 5, 8, 13, 14, 15, 16, and 17 of paragraph 1 of this Article may re-apply to the Civil Service in the procedure set forth by this Law and other legal acts.
7. A person dismissed from the Civil Service pursuant to subparagraphs 4 and 18 of paragraph 1 of this Article may have his status of a civil servant re-established and, in the manner determined by the Government or a body authorised by it, be re-instated in his previous position, and, if there is no such possibility, to a different position of the same category and grade.
8. A civil servant shall lose the status of a civil servant but shall not be dismissed from the Civil Service in the event of a leave of absence.
Article 57. General Management of the Civil Service
1. General management of the Civil Service shall be performed by:
2. The Government shall perform the following functions of general management of the Civil Service:
1) submit for the approval of the Seimas the list of positions of civil servants of political (personal) confidence;
2) in the draft budget submitted for the approval of the Seimas make provisions for the remuneration of civil servants - basic salaries, seniority bonuses, additional pay, and other allowances, also provisions for incentives, training and improvement of professional qualifications of civil servants;
3) determine categories and grades of all positions held by civil servants at state institutions, agencies and municipalities, with the exception of the positions of civil servants of political (personal) confidence at the institutions which are not accountable to the Government;
3. The Minister in charge of the Civil Service shall perform the following functions:
1) draft and submit to the Government legal acts related to the Civil Service, analyse the effective legal acts and newly-prepared draft legal acts related to the Civil Service, makes proposals to the authors of the draft acts or to the Government regarding amendments of these acts;
2) organise the control the enforcement of this Law and related legal acts, make proposals to cancel, amend or suspend decisions adopted within 1 month by the heads of state institutions and agencies, with the exception of statutory agencies and municipal institutions, if they contravene the law and other legal acts determining the status of a civil servant. If the head of a state institution or an agency does not amend or cancel the said decisions within 1 month, a complaint against such decisions shall be taken to court;
3) approve the standard list of positions of civil servants , with the exception of positions of civil servants of political (personal) confidence;
4) approve the standard regulations of the personnel divisions of state institutions, agencies and municipalities;
Article 58. Personnel Management at Institutions and Agencies
Not Accountable to the Government
1. The implementation of this Law and other legal acts as well as the management of the personnel at the institutions and agencies not accountable to the Government shall be the responsibility of:
3) at other courts (with the exception of the Constitutional Court and the Supreme Court of the Republic of Lithuania), the prosecutor’s offices - the State Control, the Bank of Lithuania, the Office of the Seimas Ombudsman, the Office of the Ombudsman of Equal Opportunities, the State Security Department, other institutions and agencies not accountable to the Government - the heads of the said institutions and agencies.
Article 59. Personnel Management at Institutions and Agencies Accountable
to the Government
1. The personnel of the institutions and agencies accountable to the Government shall be managed by:
2. The Government, in performing the functions of personnel management of the institutions and agencies accountable to it shall:
1) determine for the coming budgetary year the number of the personnel according to the groups, categories and grades at the institutions and agencies accountable to the Government;
3. The Minister in charge of the Civil Service, in performing the functions of personnel management of the institutions and agencies responsible to the Government shall:
4. The head of the Agency of the Civil Service Management shall perform the following functions of personnel management at the institutions and agencies responsible to the Government:
4) on the advice of the selection commission appoint the applicant to carry out his duties as an intern at a specific institution or an agency;
7) make decisions to impose sanctions for serious offences committed by civil servants or to lift a disciplinary sanction pursuant to paragraph 4, Article 44 of this Law;
5. The Government Chancellor shall:
1) be responsible for the implementation of this Law and related legal acts as well as for the management of the Prime Minister’s staff;
6. The Government Secretary shall perform the following functions of the personnel management of the institutions and agencies accountable to the Government:
1) he shall be responsible for the implementation of this Act and related legal acts as well as for the personnel management of the Government Office, Government agencies, county administrations and institutions and agencies accountable to it and shall organise the personnel management of the personnel of the said institutions;
7. Secretary of a ministry shall perform the following functions of the personnel management of the ministry and agencies accountable to it:
1) he shall be responsible for the implementation of this Law and other related legal acts as well as for the personnel management of the appropriate ministry, and agencies subordinate to it, and organise management of their personnel;
Article 60. Personnel Management at the Municipalities
1. Personnel management at the municipalities shall be carried out by:
2. In carrying out the functions of the personnel management, the municipal council shall:
1) approve the municipal budget, annually make provisions for the remuneration of the municipality personnel - the basic salary, the seniority bonus, additional pay and other allowances, also for personnel incentive and in-service training funds;
3. In carrying out the functions of the personnel management mayor of the municipality or , if there is a municipal board, - the board shall:
1) annually determine the number of the municipality personnel according to their groups, categories and ranks;
2) set the rate of additional pay and bonuses for excellent performance and the procedure for awarding them;
4) approve additional questions relating to municipal matters for the Civil Service entry examinations;
4. The municipality administrator shall be responsible for the implementation of the requirements of this Law, and for the enforcement of legal acts related to this Law as well as for the personnel management of the municipality administration and municipality agencies; the municipality controller shall be responsible for the personnel management of the controller’s office. In carrying out the function of the municipality personnel management they shall:
Article 61. Register of Civil Servants
1. The Register of Civil Servants shall be instituted and kept in the manner set forth in the Law on Public Registers and other legal acts.
2. Data about all the groups of civil servants set forth by this Law shall be stored in the Register of Civil Servants on the basis of personal files of the civil servants.
Article 62. Acquiring the Status of a Public Servant
1. Persons covered by this Law shall acquire the status of a public servant within 5 days after entry into force of this Law provided they do not refuse in writing to become public servants. The employment contract concluded before entry into force of this Law shall be terminated pursuant to the Law on the Employment Contract if, following the change of the working conditions, the person refuses in writing to acquire the status of a public servant under this Law. If during the prescribed time the person could not inform about his refusal to become a public servant for a valid reason he must do that within 5 days after the valid reason disappears.
2. Officials of category B who before entry into force of this law were covered by the Law on Officials, as well as officials who before entry into force of this Law were not covered by the Law on Public Officials working under open-end employment contracts shall become career civil servants.
3. Officials of category B who before entry into force of this Law were covered by the Law on Officials, as well as officials who before entry into force of this Law were not covered by the Law on Officials and who are working under fixed term employment contracts shall become acting civil servants. They shall have the right to stay in their position until the expiration of their employment contracts. Following their expiration or before it, these persons may take part in a public competition to fill a vacancy for a position of a civil servant in the manner specified by this Law and other legal acts. When these persons become interns the time spent in a previous position shall be included into internship or probationary period.
4. Officials of category A who before entry into force of this Law were covered by the Law on Officials shall become civil servants of political (personal) confidence.
5. Heads of state and municipal agencies, except Government Representatives, County Governors and Directors General of Departments under the Government of the Republic of Lithuania, who prior to entry into force of this Law were covered by the Law on Officials shall become civil servants - public managers. They shall be appointed to the positions of heads of state or municipality agencies for a term specified in legal acts but not longer than 5 years which shall start from the day of entry into force of this Law.
6. Employees of state institutions or agencies discharging the functions in public administration and receiving their salary from the state or other budgets, state funds or other state resources who before entry into force of this Law were not covered by the Law on Officials shall become:
1) employees who entered into open-end employment contracts shall become, taking into account the character of their work, career civil servants or public managers;
Article 63. Classification of Positions into Groups, Categories and Grades
1. Within 6 months from entry into force of this Law positions of civil servants shall be classified according to the provisions of Articles 7 and 8 of this Law.
. 2. The lists of the classified positions approved by the institutions specified in Article 8 of this Law shall be transferred to the Ministry of Public Administration Reforms and Local Authorities and to the Register of Civil Servants.
Article 64. Assignment of Public Servants to Groups, Categories and Grades
1 After the classification of positions in accordance with groups, categories and grades, each public servant shall be placed into a specific group, category and grade.
2. Public servants who do not have education necessary for the category of the position they hold get appropriate education within 5 years after entry into force of this Law.
3. Public servants who during the period specified in paragraph 2 of this Article hold a position without having appropriate education may not take part in competitions for promotion.
4. Public servants who during the period specified in paragraph 2 of this Article did not get appropriate education shall be dismissed from the Public Service pursuant to subparagraph 1, paragraph 4, Article 68 of this Law.
5. Provisions of paragraphs 2 and 4 of this Article shall not cover public servants who have no more than 5 years left until the retirement age.
6. Civil servants who under Article 62 of this Law have become career civil servants of public administration but who discharge functions which do not match activities in public administration specified in the job description and prescribed in paragraph 5 of Article 2 of this Law shall lose the status of a career civil servant pursuant to paragraph 5 of Article 68.
Article 65. Evaluation of Professionalism
1.After establishing the grades of positions held by civil servants, and before legal acts regulating performance evaluation of civil servants are passed, but not longer than within 2 years after entry into force of this Law, professionalism of civil servants shall be evaluated in the manner determined by the Government or an institution authorised by it pursuant to provisions of paragraphs 2 and 3 of this Article.
2. At least 1 month before evaluation of their professionalism a civil servant shall be notified in writing about the forthcoming evaluation and shall have the right to be informed about the requirements for the position and the procedure of the evaluation.
3. If, upon the evaluation of a civil servant’s professionalism, he is found not to meet the requirements indicated in the job description, he shall be offered, if there is such a possibility, a position 1 or 2 grades lower at the same institution, agency or municipality. If the civil servant refuses to be transferred to a lower grade or if there are no vacant lower grade positions at this institution, agency or municipality, he shall be dismissed from the position he holds pursuant to subparagraph 2, paragraph 4, Article 68 of this Law but he shall not lose the status of a civil servant. He shall be paid a compensation in the amount of 3 months average salary calculated in the manner prescribed by the Government and shall have the right for 1 year to participate in competitions to any position of a lower grade. During that period he may have any other job but not in the Civil Service. If during 1 year he is not appointed to a position by competition he shall lose the status of a civil servant and shall be stricken off from the Register of Civil Servants.
Article 66. Reinstatement of the Status of a Civil Servant
1.Persons who, under Article 62 of this Law, have become civil servants of political (personal) confidence, after expiration of the term in office or the mandate of state politicians who have chosen them, as well as state politicians after expiration of the term of their appointment or election shall have the right, in the manner determined by the Government or a body authorised by it, to be reinstated in the positions they held prior to the appointment as officials in category A , in the positions they held prior to the appointment or election as state politicians specified in paragraph 21 of Article 2, or, if there is no possibility to be reinstated in the above positions, to be appointed to a different position of the same category and grade which, pursuant to this Law or other legal acts are considered as positions of career civil servants. Persons who until their appointment as officials of category A did not hold any position which, under this Law and other legal acts, are considered positions of career civil servants, shall be paid a compensation in the amount of 3 average monthly salaries in the manner determined by the Government, they lose the status of a civil servant and shall be dismissed from the Civil Service pursuant to subparagraph 14, paragraph 1, Article 56 of this Law.
2.Persons who, not later than within 2 years before entry into force of this Law, terminated the employment contract with a state institution, agency or municipality under the Law on the Employment Contract by mutual agreement or by the employee’s application or when the open-end contract of employment was terminated on the initiative of the employer through no fault of the employee, if before the termination of the contract the employee’s length of service at a state institution, agency or municipality was at least 3 years, may, for 2 years from entry into force of this Law, take part in competitions specified in Article 23 of this Law to be appointed to a position of a civil servant.
Article 67. Organisation of Competitions
1. Before the Government or a body authorised by it determine the procedure for holding open and closed competitions for recruitment to the Civil Service but not longer than for 2 years after entry of this Law into force, competitions shall be run by state institutions, agencies and municipalities in the manner specified by the Ministry of Public Administration Reforms and Local Authorities. The competitions shall be organised by persons responsible for personnel management.
2.After entry into force of this Law, for a period of 2 years, closed competitions in which applicants are usually only career civil servants may also be open for public managers as well as civil servants of political (personal) confidence who have served at least half a term in office or whose term in office has expired and who, before becoming public managers or civil servants of political (personal), were not career civil servants. During the period specified above they may seek positions which are in the same or lower grade than that of the public manager or that of a civil servant of political (personal) confidence.
3. For 2 years after entry into force of this Law, instead of a closed competition in which only career civil servants usually participate, an open competition may be held if the Government adopted an appropriate resolution on an open competition for a specific position.
4. Before the appropriate curricula of the Lithuanian Institute of Public Administration are designed and qualifications according to them are awarded, allowing persons to apply for the positions specified by the Government but for a period not longer than 4 years after entry into force of this Law, the applicants to the said positions will not have to meet the requirement of completion of the appropriate study programme of the Lithuanian Institute of Public Administration or its equivalent. A certificate attesting completion of the said study programme and possession of appropriate knowledge shall be viewed as an advantage of the applicant.
5. For 2 years following entry into force of this Law, civil servants seeking promotion to a position in the grade higher than the lowest grade in a certain category, or persons entering the Civil Service and seeking the said position shall not be subject to the requirement of completion of the in initial training programme for civil servants. A certificate attesting completion of the said study programme and possession of appropriate knowledge shall be viewed as an advantage of the applicant.
Article 68. Loss of the Status of the Public Servant
1. Upon reaching retirement age under the Law on State Social Insurance Pensions, career civil servants and public employees providing services shall terminate their service and resign from their positions within 3 years from entry of this Law into force. They shall have the right to continue their work in the Public Service in the positions of acting civil servants, civil servants of political (personal) confidence or public employees who perform economic and technical functions.
2. Career civil servants and public employees providing public services specified in paragraph 1 of this Law who failed to resign within the stated period shall lose the status of a public servant and shall be dismissed from the Public Service.
3. Civil servants and public employees providing service (teaching staff, tutors and heads, tutors and heads of educational institutions) who were members of the personnel of the USSR State Security Committee (NKVD, NKGB, MGB KGB - hereinafter the SSC), (with the exception of those SSC personnel members who during their employment there investigated only criminal cases and immediately terminated their employment at the SSC, not later than the following day after March 11, 1990, also other persons who, pursuant to the Law on the Assessment of the USSR State Security Committee (NKVD, NKGB, MGB KGB) and the Current Activities of the Personnel Members of this Organisation, are not subject to restrictions of employment activities), who did not resign from their positions before entry into force of the Law on the Public Service, shall lose the status of a public servant and shall be dismissed from the Public Service from the day it transpires that they are covered by the Law on the Assessment of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Current Activities of the Staff Members of this Organisation.
4. A public servant shall also lose the status of a public servant and shall be dismissed from the Public Service in the following cases:
1) if in the course of five years after entry into force of this Law he does not receive education appropriate for a position of a certain grade;
2) if upon the evaluation of professionalism of a civil servant it is established that he does not meet the requirements set for his position and the public servant refuses to be transferred to a lover position, also when the institution or agency in which the public servant is employed there are no vacancies for lower positions or when the public servant, within 1 year following his dismissal from the position is not appointed by competition to another position;
Article 69. Remuneration of Public Employees
1. The implementation of the system of remuneration set forth in Chapter Six of this Law shall start, under the provisions of paragraphs 2 and 3 of this Article, when the positions of public servants are assigned to categories and grades and the coefficients of basic salaries are established but not later than from March 1, 2000.
2. Public servants whose average remuneration before entry into force of this Law is higher than the remuneration which will be determined pursuant to the law referred to in subparagraph 1 of Article 78, from March 1, 2000 shall receive remuneration established by the latter law.
3. Public servants whose average remuneration before entry into force of this Law was lower than remuneration established under the law referred to in subparagraph 1, Article 78 of this Law, shall continue to receive their previous remuneration indexed by the coefficient, determined by the Government, which is higher than that by which their basic salary is indexed. Remuneration set forth by the law shall be paid to such persons when the rates of remuneration for work they receive and the rate prescribed by the law become equal.
4. Provisions of paragraph 3 of this Article must be implemented within five years following entry into force of this Law.
5. Before provisions of paragraph 3 of this Article are implemented:
1) the value in Litas of the coefficient of the basic salary which shall be determined by the law shall be made equal to the amount of the basic salary coefficient base approved by the Government which shall be determined without increasing the funds provided for remuneration in the 1999 state and municipality budgets. The rate of the basic salary shall be established by multiplying the appropriate coefficient of the basic salary by the rate of the coefficient base;
2) the basic salary of the civil servants of the 1st grade may not be lower than the minimum monthly salary, and the rates of basic salaries of the higher and lower grades must differ at least by 5 per cent;
3) upon the approval by the Government of the coefficient rate of the basic salary or the minimum monthly salary, the Ministry of Social Security and Labour, pursuant to the provisions of subparagraphs 1 and 2, paragraph 5 of this Article, within 5 days, shall announce the rates of the basic salary of all grades (from 1st through 30th) of public servants;
Article 70. Termination of Activities Incompatible with the Civil Service
1.Within 6 months from entry into force of this Law, civil servants must terminate activities incompatible with the Public Service specified in Article 22 of this Law or resign from their positions in the Public Service. This shall not apply to civil servants engaged in medical practice during their time off work and getting remuneration for it. The latter must terminate these activities within 3 years after entry of this Law into force.
Article 71. Implementation of Article 37 of this Law
Provisions of paragraphs 1 and 2 of Article 37 of this Law, concerning the financing of training of civil servants shall be implemented within 5 years from entry of this Law into force. Prior to that period, state institutions, agencies and municipalities must allocate for the training of civil servants funds which should make up at least 3 per cent of the appropriations for the remuneration of civil servants.
Article 72. Implementation of Paragraph 2 of Article 50 of this Law
1. Extension of the duration of the annual leave shall be implemented in the course of 5 years in the manner determined by the Government.
Article 73. Disciplinary Procedures and Sanctions
Disciplinary liability for breach of discipline in one’s official transactions committed prior to the entry of this Law into force shall be applied pursuant to laws effective before the entry of this Law into force.
Article 74. Examination and Resolution of Labour Disputes
Labour disputes before the entry into force of this Law, to which the present and former civil servants are parties shall be examined pursuant to the laws effective before the entry into force of this Law.
Article 75. Certificates of Civil Servants
1. After the entry into force of this Law certificates of officials and other employees of state institutions, agencies and municipalities shall remain valid until the date of their expiry, but not longer than for 3 years .
Article 76. Implementation of Paragraph 1 of Article 55 of this Law
1. Before the Government prepares legal acts necessary for the implementation of paragraph 1, Article 55 of this Law, but not longer than for 2 years, in the event of winding up, reorganisation or privatisation of a state institution or agency, a unit of the municipality administration or a municipal agency, or after abolishing a position in the Civil Service, a career civil servant :
1) shall be offered a vacancy of the same grade, and if this is impossible, a position by one or two grades lower in any institution or agency in the same or another location or in any other division unit of the municipality administration. A civil servant shall also be informed about the vacancies of lower grades. A civil servant shall have the right to consider the offer of the position within 6 months after the winding up, reorganisation or privatisation of a state institution or agency, a unit of the municipality administration or after the abolition of a position;
2) during the period specified in subparagraph 1, paragraph 1 of this Article, a minimum monthly salary established by the Government shall be paid. During this period a civil servant may participate in competitions for higher positions in the Civil Service, he may also have any other job outside the Civil Service.
2. If within 6 months no vacancies for the positions specified in subparagraph 1, paragraph 1 of this Article become available or if the civil servant refuses to take them he loses the status of a civil servant and shall be dismissed from the Civil Service pursuant to subparagraph 3, paragraph 4 of Article 68 of this Law. He shall be paid a severance compensation calculated under paragraph 2 of Article 33 of this Law, with account of the length of service:
1) with the length of service of up to one year, internship or probation included, - in the amount of 3 month average salaries;
Article 77. Implementation of Article 61 of this Law
1. After entry into force of this Law, within 1 year the Register of Officials shall be reorganised into the Register of Civil Servants.
Article 78. Recommendations to the Government
After entry into force of this Law the Government shall:
1) prepare and submit to the Seimas, until January 1, 2000, a draft law on the remuneration of all civil servants of state institutions, agencies and municipalities financed from the state, municipal and other budgets, from state funds and other resources, as well as on determining the basic salary coefficients;
4) within 2 years prepare and submit to the Seimas draft laws determining the status of statutory civil servants and draft statutes;
5) within 2 years carry out expert examination of effective laws, statutes and other legal acts related to the specific character of the service of statutory civil servants and submit draft amendments to the Seimas, if necessary;
6) within 2 years adopt all the legal acts necessary for the implementation of this Law, with the exception of those that, under the terms of reference of this Law , are the responsibility of the Minister in charge of the Civil Service as well as those for which a different time limit is provided in the other articles of this Law.
Article 79. Validity of Other Legal Acts
1.After entry into force of this Law the following legal acts shall become invalid:
1) Subparagraphs 16, 17, 18, 19, and 20 of paragraph 1, Article 26, and subparagraph 13 of paragraph, Article 29 of the Law on the Employment Contract (Official Gazette, No.3-973, No.30-684; 1995, No.46-1119; 1996, No.41-983, No.43-1043; 1997, No.6-88, No.66-1593, No.91-2273);
2. Legal acts regulating the admission of civil servants to positions in the Civil Service, evaluation of professionalism and remuneration, other legal acts relating to the Civil Service, except those referred to in paragraph 1 of this Law, adopted prior to entry into force of this Law shall be effective until appropriate legal acts replacing them and implementing the present Law are adopted but not longer than provided by Article 78 of this Law.
I hereby promulgate this Law enacted by the Seimas of the Republic of Lithuania.