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LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS Translated from Lithuanian REPUBLIC OF LITHUANIA LAW ON SECONDMENT OF PERSONS TO international and EU institutionS or foreign institutionS 4 July 2007 No X-1262 (As last amended o

Article 2before 1 October 2009: Article 2.

Definitions

  1. Secondment shall mean transfer or posting of career civil servants, statutory civil servants and prosecutors and posting of other persons for work at international and EU institutions or foreign institutions.
  2. Secondment priorities shall mean the areas of activities of international and EU institutions or foreign institutions, posts and positions at international and EU institutions or foreign institutions, where the work of the persons seconded thereto conforms to the domestic and foreign policy priorities, goals and international commitments of Lithuania.
  3. Secondment reserve shall mean a list of the candidates who may be seconded within 30 or less days from the receipt, at a state institution or agency, of information on vacant posts or positions in civilian international operations or missions, also posts or positions related to crisis management and common EU foreign, security and defence policy at international and EU institutions as well as foreign institutions, where this list is drawn up in accordance with the procedure laid down in Chapter Four of this Law.
  4. Seconded persons shall mean the career civil servants, statutory civil servants and prosecutors who are transferred or posted and other persons posted for work at international and EU institutions or foreign institutions in accordance with the procedure laid down by legal acts.
  5. Expenses related to secondment shall mean the expenses referred to in Articles 21 and 22 of this Law.
  6. Other persons shall mean the persons working under employment contracts and self-employed persons indicated in paragraph 8 of Article 2 of the Law on State Social Insurance.
  7. International and EU institutions shall mean the international organisations and institutions, EU institutions and agencies, the institutions established by the European Commission or the Council, the organisations established jointly by the European Commission and the Member States of the European Union (consortiums), international civilian operations or missions recruiting personnel on a secondment basis.
  8. Foreign institutions shall mean the representative, executive and judicial institutions of foreign states and other institutions and agencies of foreign states whereto the laws of the foreign states grant the powers of public administration.

Article 2as of 1 October 2009: Article 2.

Definitions

  1. Secondment shall mean transfer or posting of career civil servants, statutory civil servants and prosecutors and posting of other persons for work at international and EU institutions or foreign institutions.
  2. Secondment priorities shall mean the areas of activities of international and EU institutions or foreign institutions, posts and positions at international and EU institutions or foreign institutions, where the work of the persons seconded thereto conforms to the domestic and foreign policy priorities, goals and international commitments of Lithuania.
  3. Secondment reserve shall mean a list of the candidates who may be seconded within 30 or less days from the receipt, at a state institution or agency, of information on vacant posts or positions in civilian international operations or missions, also posts or positions related to crisis management and common EU foreign, security and defence policy at international and EU institutions as well as foreign institutions, where this list is drawn up in accordance with the procedure laid down in Chapter Four of this Law.
  4. Seconded persons shall mean the career civil servants, statutory civil servants and prosecutors who are transferred or posted and other persons posted for work at international and EU institutions or foreign institutions in accordance with the procedure laid down by legal acts.
  5. Expenses related to secondment shall mean the expenses referred to in Articles 21 and 22 of this Law.
  6. Other persons shall mean the persons working under employment contracts and self-employed persons indicated in paragraph 8 of Article 2 of the Law on State Social Insurance.
  7. Family members shall mean the spouse of a seconded person who has accompanied the seconded person abroad and resides together with him, minor children (adopted children) of the seconded person and/or of his spouse under the age of 18 years, unless they have been emancipated in accordance with the procedure laid down by laws or have entered into marriage, and dependants thereof irrespective of their age. The persons whose guardian or custodian is the seconded person and/or his spouse appointed in accordance with the procedure laid down by laws shall be considered dependants.
  8. International and EU institutions shall mean the international organisations and institutions, EU institutions and agencies, the institutions established by the European Commission or the Council, the organisations established jointly by the European Commission and the Member States of the European Union (consortiums), international civilian operations or missions recruiting personnel on a secondment basis.
  9. Foreign institutions shall mean the representative, executive and judicial institutions of foreign states and other institutions and agencies of foreign states to which the laws of the foreign states grant the powers of public administration. Article
  10. Seconding Institutions Seconding institutions shall be as follows: 1) as regards career civil servants and statutory civil servants, with the exception of the statutory civil servants of the internal service system and the customs – the state and municipal institutions and agencies of the Republic of Lithuania (hereinafter referred to as “state institutions and agencies”), whereat these persons are holding office; 2) as regards the statutory civil servants of the internal service system – the central institutions of internal affairs; 3) as regards the statutory civil servants of the customs – the Customs Department under the Ministry of Finance of the Republic of Lithuania; 4) as regards prosecutors – by the Prosecutor General’s Office of the Republic of Lithuania; 5) as regards the persons not referred to in subparagraphs 1-4 of this Article – the Ministry of Foreign Affairs of the Republic of Lithuania (hereinafter referred to as “the Ministry of Foreign Affairs”). CHAPTER TWO APPROVAL OF SECONDMENT PRIORITIES AND CO-ORDINATION OF SECONDMENT Article
  11. Approval of Secondment Priorities Secondment priorities shall be approved by the Government of the Republic of Lithuania (hereinafter referred to as the “Government) on the recommendation of the Minister of Foreign Affairs and subject to prior consideration at the Committee on Foreign Affairs of the Seimas of the Republic of Lithuania. The secondment priorities shall be reviewed at least once per year. When approving priorities, account shall be taken of priorities of Lithuania’s domestic and foreign policy, goals and international commitments thereof, also of reasoned proposals of state institutions and agencies. Approval of the priorities shall be effected together with establishment of preliminary proportions of allocation of funds for secondment to EU institutions and agencies and secondment to other international institutions or foreign institutions. Article
  12. Co-ordination of Secondment Secondment shall be co-ordinated by the Ministry of Foreign Affairs, unless international legal acts establish otherwise. In co-ordinating secondment, the Ministry of Foreign Affairs shall perform the following functions: 1) draft resolutions of the Government concerning secondment priorities and preliminary proportions of allocation of funds as provided for in Article 4 of this Law; 2) collect information from state institutions and agencies on vacant posts or positions at international and EU institutions or foreign institutions, also on the needs of secondment thereto; 3) collect information from international and EU institutions or foreign institutions on secondment needs and vacant posts or positions; 4) communicate information on vacant posts or positions at international and EU institutions and foreign institutions to the Civil Service Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter referred to as the “Civil Service Department”); 5) submit to the Civil Service Department a conclusion on recognition of posts or positions at international and EU institutions or foreign institutions as conforming to secondment priorities and the possibility of reimbursement for the expenses related to secondment; 6) administer the appropriations from the State budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for the purpose of reimbursement of the expenses related to secondment; 7) in the event of adoption of a positive conclusion in compliance with paragraph 5 of this Article, reimburse for the expenses indicated in paragraph 1 of Article 21 and Article 22 of this Law for the state institutions and agencies which have seconded the persons, cover other expenses related to secondment in accordance with the procedure laid down by Article 23 of this Law; 8) in the event of secondment of other persons, cover their expenses indicated in paragraph 2 of Article 21 and in Article
  13. The expenses shall be covered from the appropriations of the State budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for the purpose of covering of the expenses related to secondment; 9) administer the secondment reserve, organise and carry out selection of candidates from the secondment reserve in accordance with the procedure laid down by Chapter Four of this Law; 10) forward information on the selected candidates to international and EU institutions or foreign institutions; 11) where necessary, initiate training of the selected candidates. Article
  14. Submission of Information on Vacant Posts or Positions at International and EU Institutions or Foreign Institutions and Information on Secondment Needs
  15. On receipt of information on vacant posts or positions at international and EU institutions or foreign institutions to which persons from Lithuania may be seconded, state institutions and agencies shall, in accordance with the procedure laid down by the Government, submit the entire information and reasoned proposals on recognition of the vacant posts or positions at the international and EU institutions or foreign institutions as conforming to secondment priorities to the Ministry of Foreign Affairs and the Civil Service Department.
  16. State institutions and agencies shall submit information to the Ministry of Foreign Affairs and the Civil Service Department on secondment needs to international and EU institutions or foreign institutions.
  17. Upon receipt of information on secondment needs or on vacant posts or positions at international and EU institutions or foreign institutions, the Ministry of Foreign Affairs shall communicate it to the Civil Service Department in accordance with the procedure laid down by the Government. Article
  18. Submission of a Conclusion on Recognition of Posts or Positions at International and EU Institutions or Foreign Institutions as Conforming to Secondment Priorities and the Possibility of Reimbursement for the Expenses Related to Secondment
  19. A conclusion on recognition of posts or positions at international and EU institutions or foreign institutions as conforming to secondment priorities and the possibility of reimbursement for the expenses related to secondment (hereinafter referred to as a “conclusion”) shall be submitted by the Ministry of Foreign Affairs in accordance with the procedure laid down by the Government.
  20. In drafting the conclusion, the Ministry of Foreign Affairs shall act in compliance with the secondment priorities approved by the Government, take account of reasoned proposals of state institutions or agencies on recognition of vacant posts or positions at international and EU institutions or foreign institutions as conforming to the secondment priorities and consider the possibility of reimbursement for the expenses related to secondment from the appropriations of the State budget of the Republic of Lithuania allocated for this purpose to the Ministry of Foreign Affairs having regard to the amount of such appropriations for the year in question.
  21. This conclusion shall be submitted to the Civil Service Department alongside the information referred to in paragraph 3 of Article
  22. CHAPTER THREE SELECTION OF CANDIDATES Article
  23. Principles of Selection of Candidates
  24. Selection of candidates for international and EU institutions or foreign institutions (hereinafter referred to as “candidates”) shall be conducted where the conclusion submitted in accordance with the procedure laid down by Article 7 of this Law indicates that the posts or positions at the international and EU institutions or foreign institutions to which the persons are to be seconded conform to secondment principles and the expenses related to secondment will be reimbursed from the appropriations of the State budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for this purpose.
  25. The number of candidates selected for a specific post or position at an international and EU institution or a foreign institution shall be equal to the number requested by the international and EU institution or the foreign institution. Where the number of the candidates meeting the requirements set forth in Article 10 is less than the number of vacant posts or positions, a smaller number of candidates may be selected than requested by the international and EU institution or the foreign institution. Where the international and EU institution or a foreign institution does not indicate the number of the candidates or where the candidates are seconded from the secondment reserve, the number of the selected candidates shall be determined by the Minister of Foreign Affairs having regard to secondment priorities and the possibility of reimbursement for the expenses related to secondment.
  26. Where the conclusion of the Ministry of Foreign Affairs indicates that the expenses related to secondment will not be reimbursed from the appropriations of the State budget of the Republic of Lithuania allocated to it as the amount of these appropriations is insufficient, selection may be initiated when the seconding institution or agency consents to covering of the expenses related to secondment from the appropriations of the State budget of the Republic of Lithuania allocated to it. Article
  27. State Institutions and Agencies Selecting Candidates
  28. Selection of candidates shall be organised and conducted by the Civil Service Department, except for the case specified in paragraph 2 of this Article. The selection shall be organised and conducted in accordance with the procedure laid down by the Government.
  29. The Civil Service Department shall assign the selection of a candidate to another state institution or agency where the nature of a post or position at an international and EU institution or a foreign institution is related exclusively with the functions thereof and, in compliance with the requirements set forth by the international and EU institution or the foreign institution, solely a person employed at this state institution or agency may be seconded to that post or position. Article
  30. Requirements for Candidates
  31. Selection shall be conducted in compliance with the requirements set forth to candidates by an international and EU institution or a foreign institution.
  32. The following persons may not participate in the selection: 1) a person who was previously dismissed from an international and EU institution or a foreign institution on grounds of misfeasance of duties or misconduct in office; 2) a person who has been found guilty, in accordance with the procedure prescribed by laws, of a serious or grave crime, or a criminal act against the civil service and public interest or any act comprising elements of corruptive nature, and whose conviction has not been spent or expunged; 3) a person who has been deprived, by court, of the right to occupy a post identical to the post at an international and EU institution or foreign institution for which he stands as a candidate; 4) a person who was dismissed from the office of a civil servant or prosecutor subject to an official penalty or from work for a breach of duties subject to a disciplinary penalty, and less than three years have passed from the date of dismissal; 5) a person who has violated the requirements of the Law of the Republic of Lithuania on Adjustment of Public and Private Interests in the Public Service; 6) a person who has been recognised legally incapable in accordance with the procedure prescribed by laws; 7) a person who is a member of an organisation which is prohibited in accordance with the procedure prescribed by laws. CHAPTER FOUR SECONDMENT RESERVE Article
  33. Secondment Reserve
  34. Candidates for posts or positions in civilian international operations or missions, also posts or positions related to crisis management and common EU foreign, security and defence policy at international and EU institutions as well as foreign institutions, where they may be seconded to these posts or positions within 30 or less days from the receipt of information on these posts or positions at a state institution or agency, shall be selected from the secondment reserve. The list of the posts or positions in the civilian international operations or missions, also the posts or positions related to crisis management and common EU foreign, security and defence policy at the international and EU institutions as well as the foreign institutions to which persons are seconded from the secondment reserve and the number of candidates selected in each selection procedure to the secondment reserve shall be approved by the Minister of Foreign Affairs in compliance with secondment priorities. The secondment reserve must contain at least 100 candidates.
  35. The Ministry of Foreign Affairs shall, at least once per year, verify whether there have arisen the circumstances provided for in Article 14 of this Law. Seconding institutions shall notify the Ministry of Foreign Affairs of the rise of the circumstances provided for in Article 14 of this Law.
  36. Where the number of candidates in the secondment reserve, as a result of the circumstances provided for in Article 14 of this Law, falls below the minimum number of candidates referred to in paragraph 1 of this Article, selection to the secondment reserve shall be organised. Selection may also be organised at the initiative of the Ministry of Foreign Affairs having regard to secondment needs of international and EU institutions or foreign institutions.
  37. Personal data of candidates shall be processed in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data. Article
  38. Selection of Candidates to the Secondment Reserve
  39. Selection of candidates to the secondment reserve shall be organised and conducted by the Civil Service Department in accordance with the procedure laid down by the Government.
  40. Candidates to the secondment reserve must meet the requirements specified in Article 10 of this Law. Article
  41. Selection of Candidates from the Secondment Reserve Selection of candidates from the secondment reserve shall be organised and conducted by the Ministry of Foreign Affairs having regard to the requirements set forth for specific posts or positions in a civilian international operation or mission, also posts or positions related to crisis management and common EU foreign, security and defence policy at an international and EU institution and a foreign institution. To this end, a selection commission shall be formed at the Ministry of Foreign Affairs. The Minister of Foreign Affairs shall approve the regulations and composition thereof. The selection commission may consist of persons from other state institutions and agencies, where the nature of specific posts or positions in the civilian international operation or mission, also of posts or positions related to crisis management and common EU foreign, security and defence policy at the international and EU institution and the foreign institution is related to the functions of these institutions and agencies. Article
  42. Removal of a Candidate from the Secondment Reserve
  43. A candidate shall be removed from the secondment reserve in the following cases: 1) the candidate submits a request to remove him from the secondment reserve; 2) the candidate is dismissed from office at a state institution or agency whereat he was holding office when selected to the secondment reserve; 3) secondment priorities are altered; 4) where the circumstances referred to in paragraph 2 of Article 10 of this Law arise or transpire; 5) in the event of the candidate’s death.
  44. A decision on removal of a candidate from the secondment reserve in the event of rise of the circumstances referred to in subparagraphs 2, 3 and 4 of paragraph 1 of this Article shall be taken by the selection commission formed at the Ministry of Foreign Affairs. CHAPTER FIVE PROVISION OF INFORMATION ON SELECTED CANDIDATES AND SECONDMENT THEREOF

Article 15before 1 October 2009: Article 15.

Provision of Information on Selected Candidates The Civil Service Department shall provide information on selected candidates to the Ministry of Foreign Affairs, and other state institutions or agencies – to the Civil Service Department and to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs shall forward information on the selected candidates to an international and EU institution or a foreign institution.

Article 15as of 1 October 2009: Article 15.

Provision of Information on Selected Candidates The Civil Service Department shall provide information on selected candidates to the Ministry of Foreign Affairs, and other state institutions or agencies – to the Civil Service Department and to the Ministry of Foreign Affairs. In the case of selection from the secondment reserve, the Ministry of Foreign Affairs shall provide information on the selected candidates to the Civil Service Department and seconding institutions. The Ministry of Foreign Affairs shall forward information on the selected candidates to an international and EU institution or a foreign institution. Article

  1. Training of Selected Candidates
  2. If necessary, the training of selected candidates shall be initiated by the Ministry of Foreign Affairs.
  3. The training referred to in paragraph 1 of this Article shall be conducted by the establishments in charge of in-service training of civil servants and prosecutors.
  4. The training expenses referred to in this Article shall be covered from the appropriations of the State budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for the purpose of covering of the expenses related to secondment. Article
  5. Secondment
  6. Where an international and EU institution or a foreign institution notifies that a candidate has been selected for a vacant post or position or under other conditions stipulated by treaties or EU legal acts, his secondment shall be approved by the head of the state institution or agency referred to in Article 3 of this Law. The Ministry of Foreign Affairs shall forward information on selected candidates to the Civil Service Department and the seconding institution. A candidate who is a career civil servant, a statutory civil servant or a prosecutor shall be seconded by transferring him, at his written request, to a post at an international and EU institution or a foreign institution. Information thereon shall be provided to the Ministry of Foreign Affairs and the Civil Service Department.
  7. A candidate selected for a vacant post or position at an international and EU institution or a foreign institution, where he is not a career civil servant, a statutory civil servant or a prosecutor, shall be seconded by the Ministry of Foreign Affairs by entering into the Secondment Contract referred to in Article 18 of this Law. Article
  8. Secondment Contract A secondment contract shall be a fixed-term employment contract entered into by the Ministry of Foreign Affairs and a candidate who is not a career civil servant, a statutory civil servant or a prosecutor and who is selected for work at an international and EU institution or a foreign institution, under which the candidate undertakes to perform the duties indicated in the contract at the international and EU institution or the foreign institution in compliance with the rules regulating the terms of work at the international and EU institution or the legal acts regulating employment relationships of the foreign institution, and the Ministry of Foreign Affairs undertakes to provide to him the guarantees specified in this Law. A model form of the Secondment Contract shall be approved by the Minister of Foreign Affairs. Article
  9. Duration of Secondment. Extension and Termination of Secondment
  10. A candidate shall be seconded to an international and EU institution or a foreign institution for a period indicated by the international and EU institution or the foreign institution, usually for a period not exceeding three years, unless treaties or EU legal acts stipulate otherwise.
  11. A decision on extension of the duration of secondment of career civil servants, statutory civil servants or prosecutors shall be taken by the head of a seconding institution or agency referred to in Article 3 of this Law having regard to a conclusion of the Ministry of Foreign Affairs concerning the expediency of extension. This conclusion shall be adopted having regard to a proposal of an international and EU institution or a foreign institution concerning extension of the duration of secondment, conformity of a post or position with the secondment priorities valid at the time of extension of secondment, and the possibilities of reimbursement for the expenses related to extension of the duration of the person’s secondment from the appropriations of the State budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for this purpose. Where the conclusion of the Ministry of Foreign Affairs indicates that the expenses related to extension of secondment will not be reimbursed from the appropriations of the State budget of the Republic of Lithuania allocated for this purpose as the amount of these appropriations is insufficient, the duration of secondment may be extended when the seconding institution or agency consents to covering of the expenses related to secondment from the appropriations of the State budget of the Republic of Lithuania allocated to it.
  12. A decision on extension of secondment shall be adopted by the Minister of Foreign Affairs having regard to a proposal of an international and EU institution or a foreign institution concerning extension of the duration of secondment, the secondment priorities valid at the time of extension of secondment, and the possibilities of reimbursement for the expenses related to the person’s secondment from the appropriations of the State budget of the Republic of Lithuania allocated for this purpose.
  13. The decisions referred to in paragraphs 2 and 3 of this Article shall be adopted within a time limit laid down by international and EU institutions or foreign institutions, but not later than 30 days prior to the expiry of the period of secondment.
  14. Where the duration of secondment or the Secondment Contract is not extended, a new selection may be announced in accordance with the procedure laid down by this Law, with the exception of the cases when the legal acts of an international and EU institution or a foreign institution stipulate otherwise.
  15. Secondment shall be terminated where: 1) it is terminated by an international and EU institution or a foreign institution; 2) a seconded person submits a request to terminate his secondment; 3) a seconded person, who is a career civil servant, a statutory civil servant or a prosecutor, is dismissed from a state institution or agency whereat he was holding office at the time of adoption of a decision on his secondment; 4) the circumstances referred to in paragraph 2 of Article 10 of this Law arise or transpire.
  16. Secondment shall be terminated by an order of the head of the seconding institution. In the cases referred to in subparagraphs 2-4 of paragraph 6 of this Article, secondment shall be terminated not earlier than after the lapse of 14 days from the signing of the order on termination of secondment. Article
  17. Application of the Legal Acts Regulating the Terms of Work of Seconded Persons Seconded persons shall, during the period of work at an international and EU institution or a foreign institution, be subject to the rules regulating the terms of work at international and EU institutions or the legal acts regulating the employment relationships in a foreign state. CHAPTER SIX SOCIAL GUARANTEES FOR SECONDED PERSONS AND COVERING OF THE EXPENSES RELATED TO SECONDMENT Article
  18. Payment of Remuneration to Seconded Persons

paragraph 1 before 1 October 2009: 1. Seconded career civil servants, statutory civil servants and prosecutors shall be paid, during the period of work at an international and EU institution or a foreign institution, a remuneration of the amount established for them prior to secondment.

paragraph 1 after 1 October 2009: 1. Seconded career civil servants, statutory civil servants and prosecutors shall be paid, during the period of work at an international and EU institution or a foreign institution, a remuneration consisting of the basic salary specified for the post or position held by them prior to secondment and the bonuses paid to them prior to secondment. The seconded career civil servants and statutory civil servants may be paid a premium for work under harmful, extremely harmful and hazardous working conditions. This premium shall not be paid where the premium for work under difficult or risky working conditions or a daily allowance including reimbursement for work under difficult or risky working conditions, is paid to a seconded person by an international and EU institution or a foreign institution to which he has been seconded. The amount of and the procedure for paying the basic salary, bonuses and the premium shall be established by the legal acts in force during the period of secondment.

paragraph 2 before 1 October 2009: 2. Other seconded persons shall, during the period of work at an international and EU institution or a foreign institution, be paid a remuneration of the amount specified by the Government or an institution authorised by it.

paragraph 2 after 1 October 2009:

  1. Other seconded persons shall, during the period of work an international and EU institution or a foreign institution, be paid a remuneration calculated according to the basic salary coefficient (ranging from 1.7 to 7.0), one unit whereof being equal to the base amount of the basic salary (remuneration) of state politicians, judges, state officials and civil servants approved by the Seimas of the Republic of Lithuania. Other seconded persons may be paid a premium for work under harmful, extremely harmful and hazardous working conditions in accordance with the procedure laid down by the Government or an institution authorised by it. The specific coefficient of the basic salary to be indicated in the secondment contract and the amount of the premium shall be established by the Minister of Foreign Affairs or a person authorised by him. The amount of the premium may not exceed 70 per cent of the basic salary. This premium shall not be paid where the premium for work under difficult or risky working conditions or a daily allowance including reimbursement for work under difficult or risky working conditions, is paid to a seconded person by an international and EU institution or a foreign institution to which he has been seconded.
  2. The specified remuneration shall not be paid to seconded persons where a seconded person is paid remuneration by an international and EU institution or a foreign institution to which he has been seconded.

Article 22before 1 October 2009: Article 22.

Insurance and Other Guarantees of Seconded Persons

  1. Seconded persons and their spouses shall be subject to state social insurance in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Social Insurance.
  2. Seconded persons, their spouses and their children (adopted children) shall be subject to supplementary health insurance. The persons seconded to the posts or positions related to crisis management at international and EU institutions as well as foreign institutions shall also be subject to life assurance. In states where there is no possibility of health insurance coverage, expenses relating to healthcare of a seconded person, his spouse or their children (adopted children) shall be covered without exceeding the amount of these expenses set by the Government. Such expenses shall not be covered where they are covered by an international and EU institution or a foreign institution to which a person has been seconded.
  3. Seconded persons shall, in accordance with the procedure laid down by the Government, be paid an allowance for the expenses related to their work abroad and allowances to support spouses of the seconded persons and their children (adopted children) who have accompanied the seconded persons abroad. Such allowances shall not be paid where the seconded person is paid remuneration or a daily allowance by an international and EU institution or a foreign institution to which he has been seconded.
  4. The costs of renting residential accommodation shall be covered for seconded persons in accordance with the procedure laid down by the Government. Such costs shall not be covered where they are covered or remuneration or a daily allowance, including an allowance for residential accommodation renting, is paid to a seconded person by an international and EU institution or a foreign institution to which he has been seconded.
  5. Seconded persons shall be covered the expenses of removal from the Republic of Lithuania to a foreign state to which a person has been seconded and from the foreign state to the Republic of Lithuania. Such expenses shall not be covered where they are covered by an international and EU institution or a foreign institution to which he has been seconded.
  6. Once every year of employment at an international and EU institution or a foreign institution to which he has been seconded, a seconded person, his spouse and their children (adopted children) shall be reimbursed for travel expenses to the Republic of Lithuania and back to a foreign state to which he has been seconded, where such expenses are not covered by the international and EU institution or the foreign institution to which he has been seconded, or such expenses are not included in remuneration or a daily allowance which is paid to the seconded person by the international and EU institution or the foreign institution to which he has been seconded.

Article 22as of 1 October 2009: Article 22.

Insurance and Other Guarantees of Seconded Persons and Their Family Members

  1. Seconded persons and their spouses shall be subject to state social insurance in accordance with the procedure laid down in the Law of the Republic of Lithuania on State Social Insurance.
  2. Health insurance expenses shall be covered for seconded persons and their family members. Life assurance expenses shall also be covered for the persons seconded to the posts or positions related to crisis management and common EU foreign, security and defence policy at international and EU institutions as well as foreign institutions. In states where there is no possibility of health insurance coverage, the expenses relating to healthcare of a seconded person and his family members shall be covered. The amount of health insurance, life assurance and healthcare expenses shall be established by the Government. Such expenses shall not be covered where they are covered by an international and EU institution or a foreign institution to which the person has been seconded.
  3. Seconded persons shall, in accordance with the procedure laid down by the Government, be paid an allowance for expenses relating to their work abroad. The amount of such an allowance may not exceed the amount of the allowance calculated based on the maximum coefficients set for respective career and statutory civil servants, prosecutors and other persons specified in the Annex to this Law, one unit whereof being equal to the base amount of the basic salary (remuneration) of state politicians, judges, state officials and civil servants approved by the Seimas of the Republic of Lithuania and the local standard of living coefficient of a given state established by the Government. The specific amount of the allowance shall be established by the Minister of Foreign Affairs or a person authorised by him. A spouse who has accompanied a seconded person abroad shall, on a monthly basis, be paid an allowance in the amount of 0.5 of the monthly allowance received by the seconded person for expenses relating to his work abroad. A spouse who receives income in connection with employment relations shall not be paid such an allowance. A seconded person shall each month, where minor children (adopted children) of the seconded person and/or of his spouse under the age of 18 years have accompanied him abroad and live together, unless they have been emancipated in accordance with the procedure laid down by laws or have entered into marriage, receive together with the salary an allowance for each child (adopted child) in the amount of 0.2 of the monthly allowance received by him for the expenses relating to his work abroad, where the child (adopted child) is under the age of 6 years and in the amount of 0.3 of the monthly allowance received by him for the expenses relating to his work abroad, where the child (adopted child) is 6 years of age and over. A seconded person shall, where dependants have accompanied him abroad and live together, receive together with the salary, on a monthly basis, reimbursement for each dependant at the amount of 0.25 of the monthly reimbursement received by him for expenses relating to his work abroad. Such allowances shall not be paid where the seconded person is paid remuneration or a daily allowance by an international and EU institution or a foreign institution to which he has been seconded.
  4. Seconded persons shall, in accordance with the procedure laid down by the Government, be granted a monthly benefit of the amount specified by the Government to provide themselves with the residential accommodation corresponding to the number of their family members. This benefit shall not be granted where the benefit for residential accommodation is granted or work remuneration or a daily allowance including an allowance for renting residential accommodation is paid to a seconded person by an international and EU institution or a foreign institution to which he has been seconded.
  5. Removal expenses (travel, carriage of luggage and transfer of property) from the Republic of Lithuania to a foreign state to which a person has been seconded and from the foreign state to the Republic of Lithuania shall be covered for seconded persons and their family members in accordance with the procedure laid down by the Government and not exceeding the amount of these expenses specified by the Government. Such expenses shall not be covered where they are covered by an international and EU institution or a foreign institution to which he has been seconded. These expenses, with the exception of travel and carriage of luggage expenses, shall not be covered where the duration of secondment is less than three months.
  6. Where the duration of secondment or extension of secondment exceeds six months, seconded persons and their family members shall, once per year of work at an international and EU institution or a foreign institution, be covered the expenses of travel to the Republic of Lithuania and back to the foreign state to which a person has been seconded, and the spouse of the seconded person who has not accompanied the seconded person abroad, minor children (adopted children) of the seconded person and/or of his spouse under the age of 18 years, unless they have been emancipated in accordance with the procedure laid down by laws or have entered into marriage, and dependants thereof – expenses of travel to the seconded person and back to the Republic of Lithuania. These expenses shall not be covered where they are covered by an international and EU institution or a foreign institution to which the person has been seconded or reimbursement of these expenses is included in remuneration or a daily allowance which are paid to the seconded person by the international and EU institution or the foreign institution to which he has been seconded. Under the circumstances indicated in subparagraph 2 of paragraph 8 of this Article, seconded persons shall be covered the expenses of travelling, on a half-year basis, to the Republic of Lithuania and back to the foreign state to which he has been seconded .
  7. Seconded persons shall, in accordance with the procedure laid down by the Government, be covered other necessary expenses related to secondment, where they are established, but not covered by an international and EU institution or a foreign institution to which a person has been seconded and on reimbursement whereof the Ministry of Foreign Affairs shall submit a conclusion in compliance with paragraph 1 of Article 7 of this Law. *
  8. The guarantees indicated in paragraphs 2-6 of this Article shall not apply to seconded persons’ family members where: 1) the duration of secondment is less than three months; 2) an international and EU institution or a foreign institution to which a person has been seconded has imposed restrictions on accompaniment of seconded persons by their family members. *Note. Paragraph 8 of Article 22 shall not apply to the persons on the secondment or extension of secondment whereof a decision was adopted prior to entry into force of this Law (No XI-337) and the secondment whereof was not over on 1 October
  9. Article
  10. Covering of the Expenses Related to Secondment

paragraph 1 before 1 October 2009: 1. Seconded career civil servants, statutory civil servants and prosecutors shall be paid remuneration by the state institutions and agencies whereat they were holding office prior to secondment, with the exception of the case specified in paragraph 3 of Article 21 of this Law.

paragraph 1 after 1 October 2009:

  1. Seconded career civil servants, statutory civil servants and prosecutors shall be paid remuneration by the state institutions and agencies whereat they were holding office prior to secondment, with the exception of the case specified in paragraph 3 of Article 21 of this Law. Other seconded persons shall be paid remuneration by the Ministry of Foreign Affairs.
  2. The expenses referred to in Article 22 of this Law shall be covered: in respect of secondment of career civil servants, statutory civil servants or prosecutors – by the seconding institutions and agencies referred to in Article 3 of this Law whereat they worked prior to secondment; in respect of secondment of other persons – by the Ministry of Foreign Affairs.
  3. The expenses referred to in paragraph 1 of Article 21 and in Article 22 of this Law and borne by state institutions and agencies shall be reimbursed in accordance with the procedure laid down by the Government from the appropriations of the State budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for this purpose, with the exception of the cases referred to in paragraph 3 of Article 8 of this Law, when the expenses related to secondment are covered from the appropriations of the State budget allocated for a state institution or agency. The appropriations of the State budget of the Republic of Lithuania allocated to the Ministry of Foreign Affairs for reimbursement of the expenses related to secondment shall be used in accordance with the procedure laid down by the Rules for Drawing up and Implementation of the State Budget and Municipal Budgets of the Republic of Lithuania. CHAPTER SEVEN FINAL PROVISIONS Article
  4. Entry into Force and Application of the Law This Law shall enter into force on 1 October 2007 and shall apply to the persons a decision on secondment or extension of secondment whereof was adopted after the entry into force of this Law. Article
  5. Proposal to the Government By 1 October 2007, the Government of the Republic of Lithuania shall draft and adopt the egal acts necessary for the implementation of this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS Annex* to the Republic of Lithuania Law on Secondment of Persons to International and EU Institutions or Foreign Institutions Seconded persons Maximum coefficients of the allowance for expenses related to work abroad
  6. Career civil servants, statutory civil servants: 1.
  7. in categories 18-20 10.5 1.
  8. in categories 15-17 9.5 1.
  9. in categories 11-14 8 1.
  10. in categories 1-10 5
  11. Prosecutors: 2.
  12. with basic salary coefficient equal to or exceeding 11.35 10.5 2.
  13. with basic salary coefficient equal to 9.2-10.8 9.5 2.
  14. with basic salary coefficient equal to 8.0-8.8 8
  15. Other persons 5 *Note. The Annex shall not apply to the persons on the secondment or extension of secondment whereof a decision was adopted prior to entry into force of this Law (No XI-337) and the secondment whereof was not over on 1 October
  16. Translated by A. Kiudulaitė alkiud@lrs.lt

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