REPUBLIC OF LITHUANIA
Trumpai
Šis įstatymas nustato pagrindinius viešosios tarnybos principus, valstybės tarnautojo statusą ir viešosios tarnybos valdymo teisinį pagrindą.
Ką jis reguliuoja
- Pagrindinius viešosios tarnybos principus.
- Valstybės tarnautojo statusą.
- Viešosios tarnybos valdymo teisinį pagrindą.
- Valstybės tarnautojų klasifikaciją ir pareigybių kategorijas bei lygius.
Kam tai rūpi
- Valstybės tarnautojams (įskaitant statutinius valstybės tarnautojus).
- Viešųjų įstaigų darbuotojams.
Pagrindiniai punktai
- Valstybės tarnyba grindžiama teisės viršenybės, lygybės, politinio neutralumo, skaidrumo ir karjeros principais.
- Valstybės tarnautojams netaikomos darbo sutartys.
- Valstybės tarnautojai skirstomi į 4 kategorijas: „A“ (magistro laipsnis), „B“ (ne žemesnis nei kolegijos išsilavinimas), „C“ (ne žemesnis nei vidurinis išsilavinimas ir atitinkama profesinė kvalifikacija), „D“ (ne privalomas vidurinis išsilavinimas).
- Valstybės tarnautojų pareigybės skirstomos į 30 lygių, kur 1 lygis yra žemiausias „D“ kategorijoje, o 30 lygis – aukščiausias „A“ kategorijoje.
Įstatymo tekstas
REPUBLIC OF LITHUANIA 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 la
Article 21of 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; 17) carry out other duties established by legislation and statutes. Article
- Rights of Civil Servants
- 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; 6) to be granted a holiday as set out in this Law; 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;. 11) to seek remedy in court in the event of violation of their rights or rightful interests; 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,
Article 56of 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,
Article 56of this Law.
They shall be paid a compensation in the amount of one average monthly pay; 15) to other human rights and freedoms guaranteed by the Constitution of the Republic of Lithuania, treaties and other legal acts under which the Republic of Lithuania has international obligations, also to the rights provided by other laws and statutes. Article
- 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; 7) hold more than one position in the Public Service. CHAPTER FIVE CAREER DEVELOPMENT OF CIVIL SERVANTS Article
- Promotion
- Career civil servants shall be promoted through an open or closed competition.
- 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.
- 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.
- 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; 2) according to the results of a closed competition from among the civil servants who participated in it no one meets the requirements relevant for the position sought.
- 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.
- 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.
- 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.
- Certificates of civil servants promoted to higher positions shall be replaced in the manner prescribed by the Government or a body authorised by it at the institution, agency or municipality where the civil servant assumes a higher position. Article
- Mobility
- 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.
- 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.
- Civil servants seeking position in grade 20 or higher shall take part in closed competitions together with those civil servants who seek promotion.
- Winners in the competitions who are appointed to positions in a different institution or agency shall be dismissed from the positions they hold. Article
- Performance Evaluation
- The aim of performance evaluation is to develop professional abilities of a civil servant. Performance evaluation of civil servants shall be carried out by: 1) the direct superior of the civil servant; 2) performance evaluation commissions; 3) the Personnel Management Board; 4) the Officials’ Performance Evaluation Commission ;
- 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.
- 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); 2) to transfer him to a different position in the same grade or demote him ( when the performance of the civil servant has been evaluated as unsatisfactory).
- 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.
- 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.
- 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
- Performance Evaluation Commissions
- 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.
- 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.
- 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. 2) make a repeated performance evaluation during internship or a probationary period when the direct superior of the intern or a person on probation evaluated his performance during internship or the probationary period as unsatisfactory. Article
- 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.
- 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; 7) shall perform other functions set forth in regulations of the board of personnel management;
- 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: 1) to transfer the civil servant to a lower position at the same institution or agency; 2) to transfer the civil servant to a different position of the same level at a different institution or agency. Article
- The Officials’ Performance Evaluation Commission
- 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.
- 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.
- 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; 2) make a repeated performance evaluation when the direct superior of the official has given an unsatisfactory evaluation, and shall submit its conclusions to the head of the institution or agency.
- 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: 1) to demote the officials within the same institution or agency; 2) to transfer the officials to a different position of the same grade in another institution or agency. Article
- Demotion
- 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.
- Certificates of civil servants who have been demoted shall be replaced by other certificates in accordance with their new position and grade.
- 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.
- 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,
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,
Article 56. In this event they shall be paid a severance pay equal to 4 average salaries.
Article
- Transfer to Another Position
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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,
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. CHAPTER SIX REMUNERATION AND OTHER PAYMENTS Article
- Remuneration Remuneration of a civil servant shall be comprised of: 1) the basic salary; 2) a seniority bonus; 3) an additional pay. Article
- Basic Salary
- 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.
- 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
- Article
- Seniority Bonus
- Civil servants shall be paid a seniority bonus for the number of years in the service.
- 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
- The seniority bonus shall be 3 per cent of the basic salary for every three years. The amount of the bonus may not exceed 30 per cent of the basic salary. Article
- Additional Pay
- 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.
- Additional pay for work under conditions specified in
this Article may not be in excess of 50 percent of the basic salary.
- The procedure of determining additional pay shall be established by the Government or a body authorised by it Article
- 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.
- 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. CHAPTER SEVEN TRAINING OF CIVIL SERVANTS Article
- Types of Training
- 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.
- 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.
- 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.
- 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.
- 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
- Financing of Training
- 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.
- 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.
- 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
- Management of the Training Process
- 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.
- Training of civil servants shall be organised in accordance with annual plans which prescribe the priorities and financing of these activities.
- 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.
- 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.
- 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.
- Persons in charge of the personnel management shall organise and be responsible for the training of civil servants at state institutions, agencies and municipalities.
- The manner in which the training process of civil servants is organised shall be determined by the Government or a body authorised by it. CHAPTER EIGHT RESPONSIBILITY AND INCENTIVES Article
- Disciplinary Sanctions
- Civil servants shall be imposed disciplinary sanctions for misconduct in office referred to in Articles 40, 41 and 42 of this Law.
- More severe sanctions shall be imposed for wilful misconduct rather than for misconduct through negligence.
- 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.
- 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.
- 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.
- The decision to impose a disciplinary sanction may be appealed against in the manner prescribed by the Law on Administrative Proceedings.
- Records about the disciplinary sanctions, with the exception of oral reprimands, shall be entered in the personal file of a civil servant and submitted to the Register of Civil Servants. Article
- Serious Misconduct
- 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: 1) disloyalty to the state of Lithuania; 2) impolite treatment of customers and other actions directly violating persons’ constitutional rights; 3) improper use or keeping of state or official secrets; 4) involvement in activities which are incompatible with the Civil Service; 5) nonfeasance or misfeasance resulting in grave consequences; 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; 8) absence from work for one or several days without a reasonable cause; 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. 11) the third successive medium misconduct in the course of 1 year.
- Violations specified in this Article shall be punishable, with account of the causes, circumstances and consequences of misconduct, by one of the following sanctions: 1) dismissal from the Civil Service; 2) reduction of the basic salary by 1 or 2 grades from 6 months up to 3 years; 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; 4) a severe reprimand. Article
- Medium Misconduct
- 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; 2) biased behaviour with the public and other civil servants; 3) impolite behaviour with the public; 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; 6) an unreasoned refusal to provide information or provision of a knowingly false information; 7) repeated absence (more than two times a month) from the work place for a period longer than 1 hour without a good excuse; 8) the third successive petty misconduct (with the exception of the misconduct for which a verbal reprimand was given) in the course of 1 month.
- One of the following disciplinary sanctions shall be imposed for the misconduct specified in this Article, taking into account their causes, circumstances and consequences: 1) reduction of the basic salary by one or two grades for a period of up to 6 months; 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; 3) a severe reprimand; 4) a reprimand. Article
- Petty Misconduct
- 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.
- One of the following disciplinary sanctions shall be imposed for petty misconduct, taking into account their causes, circumstances and consequences: 1) reduction of the pay by a sum amounting to 3 days of the basic salary or by a smaller amount; 2) a reprimand; 3) a verbal warning. Article
- Disciplinary Sanctions
- 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.
- 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.
- 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.
- The procedure of imposing disciplinary sanctions shall be established by the Government. Article
- Expiration of a Disciplinary Sanction
- 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) no less than 1 year has passed from imposition of a sanction for medium misconduct; 3) no less than 6 months have passed from imposition of a sanction for petty misconduct.
- 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.
- After the expiration of the time specified in
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.
- 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
- Personal Liability
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- A decision of the head (the person responsible for the personnel management) of a state institution, agency or municipality concerning recovery of damages may be appealed against by a civil servant. Article
- Incentives and Awards
- In the manner established by legal acts, civil servants shall be provided the following incentives: 1) a note of appreciation; 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; 3) a personal gift.
- For outstanding merits civil servants shall be recommended for state awards.
- Incentives and awards given to a civil servant shall be entered in his personal file and the Register of Civil Servants. 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.
- 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.
- 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.
- The procedure for awarding and payment of bonuses for excellent performance shall be determined by the Government or a body authorised by it. CHAPTER NINE CONDITIONS OW WORK, SOCIAL AND OTHER GUARANTEES FOR CIVIL SERVANTS Article
- Working Hours, Safety at Work and Occupational Health
- The working hours, safety at work and occupational health of civil servants shall be regulated by laws and other legal acts.
- 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.
- When assigning longer working hours for civil servants, the minimum period of uninterrupted daily and weekly rest laid down by the law must be guaranteed. Article
- 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
- Annual Leave
- Each year civil servants shall be granted a 28 calendar day annual leave.
- 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
- 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
- Leave of Absence
- 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.
- 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.
- Leave of absence shall not be granted to a civil servant who, pursuant to Article 29 of this Law, has been demoted, nor shall it be granted to a civil servant for whom a disciplinary sanction is still in effect. Article
- State Social Security. Health Insurance and Pensions
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- Other Guarantees
- 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.
- 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.
- 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; 2) when civil servants are sent on temporary duty assignments; 3) when they receive a subpoena or summons; 4) when civil servants receive a notice to appear before the draft board; 5) when they are called up for training, exercises or duty assignments under the Law on Military Conscription; 6) when they are sent for medical check ups; 7) in the event of death of their next of kin - up to 3 working days ; 8) for medical donors during the working days when they must be given time off work; 9) when, if necessary, a civil servant goes to a health care institution or, with the consent of his superior, - to a state or municipality institution or agency. CHAPTER TEN LOSS OF THE CIVIL SERVANT STATUS Article
- Reasons for the Loss of the Civil Servant Status
- 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: 1) resignation; 2) early retirement pursuant to the Law on Civil Servants’ Pensions; 3) when a civil servant disputes his demotion for unsatisfactory performance; 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; 5) loss of citizenship of the Republic of Lithuania; 6) a disciplinary sanction - dismissal from the Civil Service; 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; 9) it comes to light that during the recruitment to the Civil Service documents were forged; 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; 15) the term of appointment of an acting civil servant expires; 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; 18) a civil servant has been called up to the compulsory military service or the alternative national defence service.
- 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
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
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
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
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
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.
- 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.
- The procedure of dismissal from the Civil Service shall be determined by the Government or a body authorised by it., CHAPTER ELEVEN MANAGEMENT OF THE PUBLIC SERVICE Article
- General Management of the Civil Service
- General management of the Civil Service shall be performed by: 1) the Government; 2) the Minister in charge of the Civil Service; 3) the head of the Agency of the Civil Service Management.
- 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; 4) determine the procedure for organising the training process of civil servants; 5) perform other functions of management of the Civil Service laid down by the law.
- 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; 5) determine the procedure for taking the oath of civil servants; 6) approve the standard regulations of performance evaluation commissions; 7) determine the procedure of performance evaluation of civil servants; 8) perform other functions of general management of the Civil Service laid down in the laws and other legal acts.
- The head of the Agency of the Civil Service management: 1) organise the keeping of the Register of Civil Servants; 2) discharge other functions of general management laid down by this Law and other legal acts. Article
- Personnel Management at Institutions and Agencies Not Accountable to the Government
- 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: 1) the heads of offices at the Office of the Seimas and the President’s Office; 2) the court chancellors - at the Constitutional Court and the Supreme Court of Lithuania; 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.
- The persons referred to in
this Article shall organise the management of the personnel through the personnel divisions the activities whereof shall be regulated by the rules of the personnel divisions of the appropriate institutions or agencies. Article
- Personnel Management at Institutions and Agencies Accountable to the Government
- The personnel of the institutions and agencies accountable to the Government shall be managed by: 1) the Government; 2) the Minister in charge of the Civil Service 3) the head of the Agency of the Civil Service Management; 4) the Chancellor of the Government; 5) the Secretary of the Government and secretaries of the ministries.
- 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; 2) discharge other functions of personnel management set forth by the law;
- 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: 1) approve the standard rules of selection commissions of the applicants to the Civil Service; 2) approve the rules of the Personnel Management Board; 3) perform other functions set forth in this Law and other legal acts related to the management of the personnel at the institutions and agencies accountable to the Government.
- 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: 1) organise selection of the applicants to the Civil Service; 2) approve the syllabi of selection examinations to the Civil Service; 3) approve the composition of the selection commissions; 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; 5) organise initial training of civil servants; 6) co-ordinate in-service training of civil servants; 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; 8) perform other personnel management functions set forth by this Law and other legal acts.
- 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; 2) perform other functions of the personnel management as laid down by the Law on the Government; 3) organise the personnel management through the personnel division of the Government Office the activities whereof are governed by the regulations of the personnel division.
- 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; 2) he shall organise the personnel management through the heads of appropriate institutions and agencies, secretaries of the ministries and personnel divisions the activities whereof are governed by the regulations of personnel divisions.
- 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; 2) he shall organise the personnel management through the heads of appropriate institutions or agencies and personnel divisions the activities whereof are governed by the regulations of personnel divisions. Article
- Personnel Management at the Municipalities
- Personnel management at the municipalities shall be carried out by: 1) the municipal council; 2) mayor of the municipality or, if there is a municipal board, - the board; 3) the municipality administrator, the municipality controller.
- 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, al