REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE OFFICIALS OF THE REPUBLIC OF LITHUANIA Chapter 1 GENERAL PROVISIONS Article

1. Objectives of the Law This Law shall determine the concept of civil service, the procedure of employment in the service, compliance with the procedure, the rights, duties and responsibilities of officials and termination of employment relations. Article
2. State and Local Authority Politicians Employees who are elected, either directly or indirectly, to their posts by the citizens of the Republic of Lithuania or appointed for the implementation of a political programme by the institutions of State legislative and executive authority or local authority shall be political figures (politicians). Their salaries shall be paid from the State or municipal budget resources. State politicians shall include the President of the Republic of Lithuania, members of the Seimas, the Prime Minister, and ministers. Local authority politicians shall be municipal council members. Article
3. State and Local Authority Employees Employees of offices and organisations (with the exception of those specified in Article 2) whose salaries are paid from the State Budget or municipal budgets shall be considered state or local authority employees. According to the contents and character of their principal duties, employees shall be divided into professional corps (of teachers, the police, medical workers, diplomats, officials, etc.). Article
4. The Civil Service The civil service is the performance of duties in the Seimas, the institutions of the President, the Government, other state institutions, and structural divisions of local authority in accordance with the list of offices of the civil service (hereinafter referred to as the list of offices). The list of offices shall be kept by the Government. The list shall name the offices of officials and specify the level ("A" or "B") to which they are assigned. The Seimas, the President and the Association of Municipalities of Lithuania shall establish and present for the list of offices the offices of officials of their respective institutions in accordance with the uniform form. Article
5. State and Local Authority Officials Employees of the civil service shall constitute the professional corps of officials. Employees who fulfill business-technical functions, i.e., who service the internal economy of the place of their employment and whose activities have no effect on the activities performed by the institution according to its competence shall not be considered officials. In the institutions of state government, employees whose office is on the list of officials shall be state officials, in the municipal government structures - local authority officials (hereinafter referred to as state and local authority officials - officials). Article
6. Levels of Officials Officials shall be divided into officials of "A" and "B" levels. State officials of "A" level shall be employees appointed by the Seimas, the President, the Government and other employees specified in the list of offices who assist state politicians in fulfilling their functions. The service of the above officials shall be connected with the duration of the term of office of their respective head officers. State officials of "B" level shall be employees, appointed by the Seimas, the President, the Government, their structural divisions, ministries, Government institutions (departments, agencies, inspectorates), departments founded at the ministries, and agencies, inspectorates, other institutions of state government, as well as employees specified in the list of offices. The service of these officials shall not be connected with the term of office of the institutions which appoint them. Local authority officials of "A" level shall be controllers, their deputies and other employees specified in the list of offices who assist local authority politicians to fulfill their functions. The service of the above officials shall be connected with the duration of the term of office of their direct head officers. Local authority officials of "B" level shall be employees appointed in accordance with the procedure established by the Law on Local Self-government, as well as other employees specified in the list of offices. The service of these officials shall not be connected with the duration of the term of office of the institutions which appoint them. The Seimas, on the proposal of the Government, shall assign the offices to "A" level in the list of offices. Chapter 2 CIVIL SERVICE Article
7. Administration of the Civil Service The civil service shall be administered by the Government which shall give instructions to the ministries, state and, on coordination with the Association of Municipalities of Lithuania, municipal institutions. The following functions shall be performed while administering the civil service: 1) compilation of a data bank concerning the officials and storage of data; 2) working out of the basic provisions of the qualification requirements as regards the officials, and establishment of the procedure for determining the qualification categories; 3) submission of recommendations to state and municipal institutions on the transfer of officials in the civil service in accordance with the procedure established by law; 4) coordination of the officials' qualification improvement; 5) performance of other functions in the sphere of civil service administration established by this Law and other laws; and 6) control over the implementation of this Law. The institution which performs the functions of the civil service administration shall coordinate all its requirements to local authority officials with the Association of Municipalities of Lithuania. Article
8. The Obligation of Institutions Power and Government to Furnish Information State and municipal institutions, enterprises and organisations must furnish the institutions authorised by the Government with the information required for administering the civil service. Article
9. Requirements for Obtaining Employment in the Civil Service Persons who are citizens of the Republic of Lithuania, have a good command of state language and meet other requirements as regards qualification prescribed as necessary for the office shall be employed in the civil service. Article
10. Civil Service Employment Prohibition The following persons may not be employed in the civil service: 1) persons tried for grave crimes, crimes against the civil service; and 2) persons who are close relatives or are related by marriage if their service is connected with direct subordination between the relatives or with the right of one of them to control the other. Article
11. Procedure of Employment in the Civil Service Officials of "A" level shall be employed in the civil service in accordance with the procedure established by the Constitution, labour legislation, and other laws of the Republic of Lithuania. Employment contracts of limited duration shall be concluded with the above officials for the term of office of appropriate institutions or their heads. Officials of "B" level shall be employed in the civil service in accordance with the procedure established by the labour legislation and other laws. The above officials may be employed only after having taken part in a public competition or upon passing examination to attest their qualification. The rules of the competition and examination shall be approved by the Government. Prior to their employment officials shall submit a health certificate in accordance with the form set by the Ministry of Health Care. Article
12. Commencement of State Service Officials shall commence to perform their official duties from the day of their election, appointment or conclusion of employment contract, unless the law or the contract of employment provides otherwise. Article
13. Service Certificate Officials shall be issued service certificates of state or local authority official no later than within 5 days after they commence performing their official duties. The form of the officials' service certificate shall be approved by the Government. Article
14. Duties of Officials Officials must: 1) observe the Constitution and laws of the Republic of Lithuania; 2) implement Government decrees, other legal acts which regulate their functions as well as the tasks and instructions given to them by their chiefs; 3) take decisions provided for in the laws determining their competence and in office regulations, and insist that the decisions be timely and accurately carried out; 4) comply with the established regulations of professional ethics; 5) perform their duties faultlessly and in a cultured manner; 6) improve their qualification in accordance with the procedure established by the Government (local authority officials - on coordination with the Association of Municipalities of Lithuania); 7) keep confidential the state and official secret established by standard acts; 8) guarantee the open character of their work, present information on their work to the residents in the manner established by law; 9) defend the lawful interests of the state and local authority; 10) declare their property and income in accordance with the procedure established by law; 11) officials of "B" level - when quitting the civil service to take up employment in private business enterprises, offices and organisations, must compensate the state or local authority expenses connected with the improvement of their qualification within the last three years; 12) officials of "B" level - refrain from engaging in public and political activities within the office premises and during working hours; and 13) give notice to the head official and, upon his consent, refrain from fulfilling a task in the event of a conflict between personal property interests and the task, or if there are arguments to the effect that personal circumstances of private character may undermine the prestige of the civil service. Article
15. Rights of Officials Officials shall have the right to: 1) refuse to fulfill a task or an instruction if, in their opinion, the given task or instruction is not in conformity with the law; the official shall notify the head of the institution thereof and shall fulfill the task or instruction only if so requested in writing by the head of the institution, except in cases where the fulfillment of the task or instruction would constitute a criminal act or an administrative violation; the official must no later than on the next working day present the superior head official with a justified statement declaring that he disagrees with the task or instruction. Responsibility for the effects of fulfillment of an unlawful task or instruction shall lie with the head official who gives the task or instruction; 2) at the expense of the institution improve their qualifications for 15 to 30 days in 2 years in accordance with the qualification requirements set for their office and receive official salary during the period; and 3) receive in-service training in other institutions as well as abroad in accordance with the procedure established by law. Article
16. Prohibitions for Officials Officials shall be prohibited from: 1) being employed in other enterprises, offices and organisations, being members of their managing bodies (unless the law provides otherwise), being employed in another elective or appointive post, receiving any other salary with the exception of payment for creative activities; 2) being the owner of a personal enterprise, or general or limited members of a partnership, acquiring or holding in trust more than 10% of securities of one enterprise; 3) representing the interests of other domestic and foreign enterprises, offices and organisations, and going abroad on their invitation; 4) going on strike; 5) using the office property for other than official business; 6) using working hours and the opportunities provided by the office for other than official purposes; and 7) receiving presents for the performance of official duties, unless this is provided for by international protocol. Article
17. Assessment of Officials' Work The work of officials of "A" level shall be assessed by their head officials. The work of officials of "B" level shall be assessed every year in accordance with the office internal regulations, and once in 3 years their performance evaluation shall be made and the results thereof shall be used for determining their qualification category. The evaluation of officials shall be regulated by the general evaluation regulations approved by the Government. On the basis of the performance evaluation results, the head of the institution shall take a decision, in accordance with the established procedure, on the amount of the official's official salary, his promotion, demotion or dismissal from office in accordance with the labour legislation. Article
18. Incentives and Awards Given to Officials Officials shall be given the following incentives and awards: 1) a message of appreciation; 2) incentive bonus; and 3) a present with the official's name inscribed on it. For special merits, for lasting faultless work in the civil service officials may be recommended for a national award. Article
19. Disciplinary Responsibility of Officials For failure to fulfill official duties provided for by law, service regulations or office rules, or to comply with the requirements provided for by Articles 14 and 16 of this Law, officials, except those to whom the law provides for a special type of disciplinary responsibility, may be assigned, on the decision of the head of the institution, disciplinary penalties established by labour legislation, in compliance with the procedure for assigning penalties as provided for by said laws. Article
20. Resignation and Dismissal from the Civil Service Resignation means the official's written application submitted to the head of the institution whereby he requests dismissal from the civil service in the cases provided for by this Article. State and local authority officials of "A" level with whom employment contract of limited duration is concluded shall resign upon the expiry of the term of the contract. Officials of "B" level, disagreeing with the policy implemented by the Seimas, the President or the Government, or with their decisions or actions may resign if the criticism of the above actions, passed through all stages in accordance with the regular course of business, produces no positive results. In the event that the above officials declare their disagreement in the mass media, at political and other public events (except when such declarations are made during the election campaign to the Seimas, the office of the President or municipal councils), they tender their resignation no later than within 14 days. Should they refuse to resign, they shall be dismissed from office in accordance with the procedure established by the labour legislation and shall be considered dismissed from the civil service. The official's voluntary resignation specified in part 3 hereof must be accepted on the grounds established by the labour legislation. The officials' employment relations may terminate on the grounds determined by labour legislation. Chapter 3 THE OFFICIALS' WORKING HOURS AND SOCIAL GUARANTEES Article
21. The Working Hours of the Officials The duration of the official's working hours shall be determined by labour legislation. On the decision (order, instruction) of the head of the institution they may be assigned longer working hours. Working overtime shall be compensated in accordance with the procedure established by law. Article
22. Remuneration of Officials Remuneration of officials shall consist of the official salary and other payments established by law. Salaries shall be paid out of the state and municipal budgets. Salaries of officials shall be fixed by the law which regulates the remuneration of employees of all offices and organisations financed out of the state and municipal budgets and the attribution of offices to appropriate categories. Article
23. Holidays of Officials Officials shall be granted annual holiday of 30 calendar days. In addition, two extra days shall be granted for each five- year period of work in the civil service provided that the total length of annual holiday does not exceed 40 calendar days. The officials' length of service shall be counted from 11 March
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25. Guaranties Related to the Work in the Civil Service Upon the resignation of officials of "A" level (part 2 of Article 20 of this Law), the institution appointed by the Government (Article 7 of this Law) must offer them another office in the civil service corresponding to their profession and qualification, and in the absence of such office - another job in the civil service. If it is impossible to fulfill the requirements set in part 1 hereof within a month's period, as well as in the event of the official's refusal to take up another office or another job, he shall be paid a compensation in the amount of the last three official salaries. The officials of "B" level may not be dismissed by reason of the resignation in corpore of the Seimas, the President, the Government and the municipal council or because of the expiry or change of the term of office of the politicians (heads) of the above institutions. Article
26. Social Guarantees of Officials Pensions for the officials shall be determined by the Law on State Social Security Pensions of the Republic of Lithuania as well as other laws on pensions. In the event of an official's death or injury owing to reasons related to the service, and if other laws provide for no compensations therefor from the state budget, compensations in the following amount shall be paid from the state or municipal budget: 1) to the family of the deceased - a sum in the amount of the last official salary of two and a half years; and 2) to the injured official - a sum in the amount of his last official salary of one to two and a half years, varying according to the gravity of injury; the amount of compensation of the type shall be determined by the regulations approved by the Government. Upon the death of the official because of reasons related to the service, funeral expenses shall be accordingly covered either by the state or the local authority. Article
27. The Official's Expenses Related to his Moving to Another Locality Official who is transferred to another locality in accordance with the procedure established by law shall be compensated the expenses incurred by him in relation to moving. The sum of compensation shall be exempt from income tax. For the purpose of moving the official shall be granted a leave from work for 5 working days and shall be paid for the period his average monthly salary. The guarantees specified herein shall be applied by the institution to which the official is transferred. Chapter 4 FINAL PROVISIONS Article
28. Appealing against the Actions of Officials Unlawful actions and decisions of officials may be appealed against to the head of the institution, whereas the latter's decisions may be appealed against in court. Citizens' complaints concerning the abuse of the official position or bureaucracy of the officials shall be considered according to the procedure established by the Law on the Seimas Ombudsmen of the Republic of Lithuania, whereas complaints concerning other actions and decisions of the officials shall be considered in court. Article
29. The Procedure for Considering the Officials' Labour Disputes Labour disputes of the officials shall be considered in court. Article
30. Coming into Effect of this Law This Law shall come into effect on 1 May
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32. Procedure for the Implementation of the Law The procedure for the implementation of this Law shall be established by the Resolution of the Seimas of the Republic of Lithuania "Regarding the Implementation of the Law on Officials of the Republic of Lithuania." I promulgate this Law passed by the Seimas of the Republic of Lithuania. Algirdas Brazauskas President of the Republic Vilnius 4 April 1995 No. I-836