← Lietuva

Projektas XXXX XX XX Nr

Projektas XXXX XX XX Nr OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON THE IMPLEMENTATION OF THE lAW AMENDING THE LAW ON cIVIL sERVICE 23 June 2002 No IX-856 Vilnius (As amended on 22 December 2004 – No X-69) Article

  1. Entry into Force of the Law amending the Law on Civil Service
  2. The Law amending the Law on Civil Service shall enter into force on 1 July 2002, except for those articles of the Law on Civil Service in respect of which other terms of entry into force have been fixed in this Law.
  3. Article 2, 21 and 22 of the Law on Civil Service shall enter into force on 1 May
  5. (Repealed on 1 January 2005)
  6. Articles 25-29 and 65 of the Law on Civil Service (official gazette Valstybės Žinios No 66-2130, 1999; No 75-2270, 2000; No 37-1231, 2001; No 38-1362, 2002) shall be repealed on 1 May
  7. Article
  8. Implementation of Funding for the Training of Civil Servants The provisions of the Law on Civil Service concerning the funding of training for civil servants shall be implemented as of 1 January
  9. Before that date, state and municipal institutions and agencies must earmark for the purpose of training at least 1 percent of total allocations for the remuneration of civil servants. Article
  10. Reorganisation of the Register of Civil Servants By 30 May 2005, the Register of Public Servants shall be reorganised, in accordance with the procedure established by the Government, into the Register of Civil Servants. Article
  11. Ensuring the Continuity of Social and other Guarantees for Civil Servants
  12. Guarantees specified in Article 55 of the Law on Civil Service (official gazette Valstybės Žinios No 66-2130, 1999; No 75-2270 and No. 102-3213, 2000; No 37-1231, 2001) shall apply, subject to the terms and conditions prescribed, to reserve civil servants for a period not exceeding 6 months from the date of entry into force of the Law amending the Law on Civil Service.
  13. A person who went on leave on personal grounds before the entry into force of the Law amending the Law on Civil Service shall have the right to apply, within 1 month from the last day of his leave, to the Ministry of the Interior to have the status of a career civil servant restored. Not later than within 6 months from the date of submission of the request, the Ministry of the Interior shall offer him a post, if such a possibility exists, which is not senior to the post held by the said person before his dismissal from the civil service.
  14. Guarantees specified in paragraphs 13 and 14 of Article 21 of the Law on Civil Service (official gazette Valstybės Žinios No 66-2130, 1999; No 75-2270 and No. 102-3213, 2000; No 37-1231, 2001) shall apply to persons having to right to restore their status of a career civil servant for a period not exceeding 6 months from the date of entry into force of the Law amending the Law on Civil Service.
  15. The duration of the annual leave fixed on the date of entry into force of the Law amending the Law on Civil Service in respect a civil servant whose annual leave exceeded 28 days pursuant to paragraph 2 of Article 72 of the Law on Civil Service (official gazette Valstybės Žinios No 66-2130, 1999) shall not change until it becomes equal to the duration of the annual leave fixed in the Law on Civil Service.
  16. The length of service to the State of Lithuania of civil servants appointed to office before the entry into force of the Law amending the Law on Civil Service shall also include the number of years served in the posts specified in paragraph 3 of Article 33 of the Law on Civil Service (official gazette Valstybės Žinios No 66-2130, 1999; No 75-2270 and No 102-3213, 2000; No 63-2278 and No 85-2972, 2001). *
  17. Within one month from the entry into force of the Law amending the Law on Civil Service, civil servants who work for remuneration as culture workers or teachers at general education schools must discontinue such work. Civil servants who are engaged in medical practice must discontinue such work before 1 January 2003Civil servants who have not terminated, within the time limit specified in this paragraph, the activities prohibited in respect of civil servants shall be dismissed from the civil service. * Note. Paragraph 6 of Article 4 (version of 4 July 2002) of the Law on the Implementation of the Law amending the Law on Civil Service is in conflict with paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania as well as with the constitutional principle of the rule of law. Article
  18. Implementation of Functions of Civil Service Management Until an agency for civil service management is established, its functions shall be performed by the Ministry of the Interior. Article
  19. Implementation of Paragraph 4 of Article 11 of the Law on Civil Service Until the agency for civil service management is established, the authority appointing career civil servants to office may publish a notice of competition concerning the recruitment of a career civil servant where it has submitted information about the vacant position to the Ministry of the Interior and has not received, within 7 working days after submission, any information therefrom about the persons referred to in paragraph 2 of Article 43 of the Law on Civil Service who satisfy the requirements of Article 9 of the said law. Article
  20. Assignment of Civil Service Positions to the Civil Service
  21. Not later than within 15 days from the date of publication in the official gazette Valstybės Žinios of the list of positions of civil servants of political (personal) confidence in the Seimas and of uniform civil service positions in the Office of the Seimas and institutions accountable to the Seimas, the Office of the President of the Republic and institutions accountable to the President of the Republic, the National Courts Administration, the courts, the prosecutor’s office and municipal institutions, as approved by the Seimas, civil servants’ evaluation commissions shall be set up in state and municipal institutions and agencies (hereinafter referred to as “evaluation commissions”). Such commissions shall, acting in compliance with the Methodology for Job Description and Evaluation of Civil Servants as well as with respective job descriptions, assign a specific position to the civil service and submit it for approval to the head of a state or municipal institution or agency.
  22. Not later than within 15 days from the date of publication in the official gazette Valstybės Žinios of the list of positions of civil servants of political (personal) confidence of the Prime Minister and of uniform civil service positions in the Government’s Office, ministries, and Government departments and agencies under ministries, as approved by the Government, civil servants’ evaluation commissions shall be set up in state and municipal institutions and agencies. Such commissions shall, acting in compliance with the Methodology for Job Description and Evaluation of Civil Servants as well as with respective job descriptions, assign a specific position to the civil service and submit it for approval to the head of a state or municipal institution or agency.
  23. Where a position is not assigned to the civil service, the head of a state or municipal institution or agency shall notify in writing, 14 days in advance, the person whose position has not been assigned to the civil service about the future change in his status and offer to conclude an employment contract pursuant to the provisions of the Law on the Employment Contract and shall also inform him that civil service relations shall be cancelled as of 1 July 2002 in respect of persons who have refused to conclude an employment contract and that they will be paid a severance grant equal to two months’ average salary. Article
  24. Implementation of Article 21 of the Law on Civil Service
  25. Within a period of two months from the date of publication of the list of positions in the official gazette Valstybės Žinios of civil servants of political (personal) confidence in the Seimas and of uniform civil service positions in the Office of the Seimas and institutions accountable to the Seimas, the Office of the President of the Republic and institutions accountable to the President of the Republic, the National Courts Administration, the courts, the prosecutor’s office and municipal institutions, as approved by the Seimas, evaluation commissions in state and municipal institutions and agencies shall evaluate the heads of institutions and career civil servants appointed to office before the entry into force of the Law amending the Law on Civil Service.
  26. Within a period of two months from the date of publication of the list of positions in the official gazette Valstybės Žinios of civil servants of political (personal) confidence of the Prime Minister and of uniform civil service positions in the Government’s Office, ministries, and Government departments and agencies under ministries, as approved by the Government, evaluation commissions in state and municipal institutions and agencies shall evaluate the heads of institutions and career civil servants appointed to office before the entry into force of the Law amending the Law on Civil Service.
  27. The evaluation commission shall, after having evaluated the head of a public administration institution or a career civil servant in accordance with the procedure laid down in Article 22 of the Law on Civil Service, propose that the appointing authority assign Classification Class 3, 2 or 1 to the said civil servant. Article
  28. Requirements for Civil Servants
  29. Civil servants who do not have the education required for the post held shall complete such education within five years of entry into force of the Law on Civil Service (official gazette Valstybės Žinios No 66-2130, 1999).
  30. Civil servants who do not complete the education required for the position held within the time limit specified in paragraph 1 of this Article shall be dismissed from the civil service, except for those civil servants who have less than half of the time limit, specified in paragraph 1 of this Article, left for completing such education.
  31. Provisions of paragraphs 1 and 2 of this Article shall not apply to civil servants who will reach retirement age in not more than five years. Article
  32. Calculation of the Length of Service of Statutory Civil Servants in the Interior System
  33. The length of service of statutory civil servants of the interior system, who have held the position of a statutory civil servant in the interior system since 11 March 1990 or those who held, on 11 March 1990, the position of a statutory civil servant in institutions of the interior system which were later reorganised into state institutions or agencies or were transferred to statutory state institutions or agencies newly established after 11 March 1990 and continue working there as statutory civil servants, shall be calculated as of the date of their appointment to office in the interior system.
  34. Paragraph 1 of this Article shall be valid until the adoption and entry into force of the statutes regulating the status of statutory civil servants as approved by laws. Article
  35. Application of other Legal Acts
  36. Legal acts concerning the civil service, which were adopted before the entry into force of the Law amending the Law on Civil Service, shall be valid until the legal acts replacing the aforementioned legislation and necessary to comply with the Law on Civil Service are passed and enter into force, and shall apply only to the extent that they do not contravene the Law amending the Law on Civil Service.
  37. Until the adoption and entry into force of the statutes, as approved by the laws, regulating the status of statutory civil servants, but not after 1 October 2003, the laws, statutes and other legal acts adopted earlier to regulate the status of statutory civil servants and the specific features of the service shall apply. Article
  38. Proposals to the Government The Government shall: 1) by 15 May 2002, submit to the Seimas a draft list of positions of civil servants of political (personal) confidence in the Seimas and of uniform civil service positions in the Office of the Seimas and institutions accountable to the Seimas, the Office of the President of the Republic and institutions accountable to the President of the Republic, the National Courts Administration, the courts, the prosecutor’s office and municipal institutions; 2) by 15 June 2002, approve the procedure for assigning qualification classes to civil servants, the criteria for performance appraisal and the procedure of evaluation of civil servants; 3) by 1 June 2002, approve the methodology for the calculation of the wages fund for civil servants and employees receiving remuneration from the state budget, municipal budgets and state monetary funds; 4) by 1 June 2002, approve the Methodology for Job Description and Evaluation of Civil Servants; 5) by 1 June 2002, draw up and submit to the Seimas a draft law regulating the payment of wages to employees receiving remuneration from the state budget, municipal budgets and state monetary funds; 6) by 15 June 2002, adopt all legal acts necessary to comply with the Law on Civil Service, except for those which, pursuant to the Law on Civil Service, are passed by the Minister of the Interior or in respect of which other time limits are imposed by this Law; 7) by 1 July 2002, complete an analysis of the legal acts regulating the activities of the Chief Administrative Disputes Commission and government institutions and, if necessary, replace them or submit the required draft legal acts to the Seimas, specifying that the Law on Civil Service is applied in respect of the auxiliary staff of the Chief Administrative Disputes Commission and the employees of government institutions; 8) 1 January 2003, establish an agency for civil service management; 9) by 1 January 2003, complete an analysis of the laws, statutes and other legislation regulating the specific features of the statutory civil service and, if necessary, submit the required draft amendments to the laws and statutes, as approved by the laws, to the Seimas. I promulgate this Law passed by the Seimas of the Republic of Lithuania.. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

🔗 Į oficialų šaltinį

DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.