REPUBLIC OF LITHUANIA

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 lay down the basic principles of the Public Service, the status of a public servant and the legal basis for the management of the Public Service Article 2. Definitions As used in this Law 1. Public Service means a sum total of legal relations in the service regulated by state legal acts specifying the acquisition, change and loss of the status of a public servant. 2. Public servant means a natural person who has acquired the status of a public servant pursuant to this Law and other legislation, and who in state (central and municipal) institutions or agencies performs the functions of public administration, economic or technical functions, or provides public services to the public. 3. Status of a public servant means a sum total of rights and duties in the service as defined by this Law and other legislation, stipulated by legal acts regulating the recruitment and dismissal of a public servant from the Public Service, his rights, duties, responsibility, remuneration, social and other guarantees. 4. Loss of the status of a public servant means the loss of the right laid down by this Law and other legislation to perform the functions of public administration in state or municipal institutions or agencies, of other rights, duties, responsibility, remuneration, social and other guarantees, as well as dismissal of those persons from the Public Service with the right of or without it re-instatement in the Public Service in the manner prescribed by this Law. 5. Public administration means the executive activities regulated by legislation and other legal acts, carried out by state or municipal institutions and other entities authorised by legislation, intended for the implementation of the acts of state or municipal institutions and administration of the intended public services. 6. Civil servant means a public servant working in a state or local municipal institution or agency, performing the functions of public administration established by legislation or legal acts adopted on its basis. 7. Career civil servant means a civil servant admitted to the service on the basis of competition for an indefinite term, under an oath to the state, and with an opportunity to seek a higher or a different position in the service in the prescribed manner. 8. Statutory public servant means a civil servant or a public employee (a customs officer, a police officer, a controller, a diplomat, an employee in the civilian national defence service, an employee or a personnel member of the Bank of Lithuania, or an institution of higher education) whose status is defined by a separate law or a statute. 9. Civil servant of political (personal) confidence means a civil servant admitted to the service for a position included in the list of positions of civil servants of political (personal) confidence approved by the Seimas. 10. Public manager means a public appointed on the basis of competition or political (personal) confidence to a position of the head of a state or municipal institution for a fixed term. 11. Acting civil servant means a civil servant discharging the functions of a temporarily absent career civil servant or a civil servant of political (personal) confidence. 12. Public services means activities of agencies established by state or local authorities in providing to the public social, educational, scientific, cultural, sport and other services established by law. 13. Public employee means a public servant employed at a state institution, agency or municipality, performing economic or technical functions or providing public services to society. 14. Official means a civil servant (a personnel member of the state security, the police, the customs, the tax inspectorate or other employee) with administrative powers with respect to persons who are or are not subordinate to him. according to their position 15. Merits means obligatory or additional administrative competence, professional skills and qualities that can be essential for comparison with the competence, professional skills and personal qualities of another applicant to a position in the Public Service. 16. Disloyalty means actions and conduct of a public servant exceeding the limits of lawfulness and hostile to the state of Lithuania and its constitutional order. 17. Impartiality means an honest performance of one’s official duties irrespective of the public servant’s or the customer’s sex, race, nationality, language, origin, social position, religion, beliefs, political views or membership in political parties or political organisations. 18. Persons related with public servants by blood or by marriage means parents, adoptive parents, brothers, sisters and their children, grandparents, spouses, children, adopted children, their spouses and children, also parents, brothers, sisters of the spouses and their children. 19. State and municipal institutions means institutions of the elective authorities (the Seimas and the municipal council), the Head of the State - the President of the Republic, institutions of the executive (the Government, a ministry, the county governor, the mayor (the board), of the judiciary (the Constitutional Court, the Supreme Court of Lithuania, the High Administrative Court, the Court of Appeals, county and district courts, and the prosecutor’s office), of the control (the state controller, the Seimas Ombudsman, the Representative of the Government, the Senior Professional Conduct Commission, the Equal Opportunities Ombudsman, and the municipality controller), as well as other institutions specified in the Law on Public Administration.  20. State and municipal agencies means the Office of the Seimas, the President’s Office , the Office of the Government, Government offices and offices under ministries (committees, departments, services, agencies, inspectorates etc.), and offices subordinate to them, offices of Representatives of the Government, administrations of county governors and county offices, administrations, offices, agencies or wards formed by local authorities, as well as other  government, judicial or control offices with powers granted by law and discharging the functions of public administration assigned to them. 21.State politicians means persons directly or indirectly elected to their positions by the citizens of the Republic of Lithuania or appointed by elective authorities to carry out a political programme - the President of the Republic, the Chairman of the Seimas, Members of the Seimas, the Prime Minister, ministers, mayors, and members of the municipal councils. 22. Political activity means participation of a natural person in the activities of political parties and political organisations, rallies, meetings or other events held by them, which contribute to the development and expression of common interests and political will of the citizens, as well as other actions in support of a political party or a political organisation. Article 3. Basic Principles of the Public Service 1. The Public Service of the Republic of Lithuania shall be based on the principles of the rule of law, equality, political neutrality, transparency and career development. 2. Under the principle of the rule of law: 1) the status of a public servant as laid down in this Law and other legislation may not be changed in any other way except than by the law; 2) nobody shall have the right because of political or other interests to coerce a public servant to perform actions or make decisions which exceed his powers; 3) a public servant shall be guaranteed the right to protect his lawful interests by all legally available means. 3. Under the principle of equality, each citizen of the Republic of Lithuania shall have equal rights to enter the Public Service, and the status of a public servant may not be restricted on the grounds of sex, race, origin, social position, religion, beliefs, political views or other subjective circumstances. 4. Under the principle of political neutrality, a civil servant shall be obliged to serve people with impartiality, without regard to his personal political views, not to take part in political activities in the course of his employment (with the exception of civil servants of political (personal) confidence). 5. Under the principle of transparency, any activity of a civil servant during the course of duty shall be public, understandable, and open so as to make it possible to assess and examine the official documents drafted by him, with the exception of state or official secrets protected by legislation and other legal acts. 6. Under the principle of career, the recruitment of a person to the Civil Service for an indefinite term and seeking promotion or a different position shall be based  on the competition among the applicants, with an objective assessment of their professional competence, skills and merits during the competition. Article 4. The Scope of the Law 1. This Law, without exception, shall be applicable to civil servants, except statutory civil servants, to whom this Law shall be applicable in so far as their status is not regulated by other laws and statutes. 2. Public employees shall be covered by paragraphs 2, 8, 10, 12, and 13 of Article 2 of this Law, paragraphs 2 and 3 of Article 3, paragraph 3 of Article 5, paragraphs 1 and 3 of Article 6, Articles 7, 8, 9, and 18, paragraph 1(4) and paragraph 1(11) of Article 56, paragraphs 1 and 7 of Article 62, paragraphs 1, 2, 3, and 5 of Article 68, and paragraph 2 of Article 79 of this Law shall apply. Applicable to them shall also be provisions of Articles 16 and 32, and of paragraphs 2 and 3 of Article 69, unless individual laws or statutes drawn up with regard to the specific features of the service provide otherwise. 3. This Law shall not be applicable to: 1) state politicians, 2) judges of the Constitutional Court, the Supreme Court of Lithuania, other courts, and prosecutors; 3) the State Controller 4) the Chairman of the Board of the Bank of Lithuania, his deputies, and members of the Board; 5) the Seimas Ombudsmen; 6) the Equal Opportunities Ombudsman; 7) the chairmen of state commissions, their deputies and members appointed by the Seimas,  the Chairman of the Seimas or President of the Republic; 8) servicemen in the professional military service; 9) the employees of state and municipal enterprises; 10) the personnel of Lithuanian diplomatic missions or consular institutions who are performing economic and technical functions and are not Lithuanian nationals. Article 5. Applicability of Labour Laws 1. Employment contracts shall not be concluded with civil servants . 2. Labour laws and other legal acts regulating labour relations and social guarantees shall apply to civil servants in so far as they do not contravene this Law, and other laws and statutes regulating their status. 3. Labour laws shall be applicable to public employees with the exception of the provisions referred to in paragraph 2 of Article 4 of this Law and in individual laws or statutes.  CHAPTER TWO CLASSIFICATION OF PUBLIC SERVANTS Article 6. Groups of Public Servants 1. Public servants shall be divided into the following groups: 1) civil servants (including statutory civil servants); 2) public employees. 2. Civil servants shall be grouped into: 1) career civil servants; 2) civil servants of political (personal) confidence; 3) public managers; 4) acting civil servants. 3. Public employees shall be divided into : 1) public managers; 2) those providing public services (including statutory public employees); 3) public employees performing economic and technical functions. Article 7. Categories and Grades of the Positions in the Civil Service 1. The positions in the Civil Service shall be grouped into 4 categories: 1) Category “A”  shall comprise positions where a master’s (university) degree or an equivalent degree is obligatory; 2) Category “B” shall comprise positions where education not lower than college (higher non-university) is obligatory; 3) Category “C” shall comprise positions where education not lower than secondary and an appropriate professional qualification is obligatory; 4) Category “D” shall comprise positions where secondary education is not obligatory. 2. The positions of civil servants shall be divided into 30 grades. They shall include all categories where grade 1 is the lowest within category “D”, and grade 30 is the highest within category ”A”. The grades shall be established on the basis of Methodology of Job Description and Evaluation. 3. Assignment of positions to a certain category and grade shall be made by: 1) the law - for the positions of civil servants of political (personal) confidence at the institutions and agencies not accountable to the Government. These positions shall be assigned to category “A”; 2) the Government - for all other positions. 4. In those cases where, owing to some specific characteristics of a position, it is impossible to make an accurate assessment of all the factors specified in the Methodology of Job Description and Evaluation during assignment of positions to grades, a lower or a higher grade may be established which, however, may differ by not more than two grades. 5. When instituting new positions, their grades shall be established according to the Methodology of Job Description and Evaluation. The grade of the position of the public manager of an institution or an agency shall be established taking into account the grade of an analogous position and shall be defined in the foundation act of an institution or an agency, or in some other legal act. Article 8. Lists and Job Descriptions of Positions of Civil Servants 1. The lists of civil servants’ positions shall specify the name, group, category and grade of the position. 2. The standard list of positions of civil servants shall be approved by the Minister in charge of the Civil Service. This list shall not include the positions of civil servants of political (personal) confidence; their list shall be approved by the Seimas. When instituting new positions the standard list of positions of civil servants shall be extended. 3. On the basis of the standard list of positions of public servants, the lists of positions of public servants at state institutions, agencies and municipalities shall be compiled by persons in charge of the personnel management. 4. The lists of positions of public servants at state institutions and agencies shall be approved: 1) for the Office of the Seimas, the President’s Office, the Constitutional Court, and the Supreme Court of Lithuania - by the heads of these institutions or persons authorised by them;. 2) for other courts (except the Constitutional Court and the Supreme Court of Lithuania -) - by the Minister of Justice; 3) for prosecutor’s offices -  by the Prosecutor General; 4) for the State Control, the Bank of Lithuania, the Seimas Ombudsmen’s Office, the Office of the Equal Opportunities Ombudsman, the State Security Department, the institutions and offices accountable to the Government - by the heads of those institutions and agencies; 5) for the personnel of state commissions appointed by the Seimas, the Chairman of the Seimas, and the President of the Republic - by the chairmen of these commissions; 6) for the administration of a municipality and municipal institutions - by the mayor, and where there is a  municipal board - by the board. The list of positions for the Office of the Municipality Controller shall be approved by the Municipality Controller. 5. The standard list of positions in the Public Service and job descriptions of the positions included in the list shall be prepared in accordance with the Methodology for Job Description and Evaluation and following the adopted procedure. CHAPTER THREE RECRUITMENT TO THE Civil SERVICE Article 9. Requirements for the Recruitment to the Civil Service 1. Persons entering the Civil Service shall be subject to the following requirements: 1) Lithuanian citizenship and a command of the Lithuanian language. These requirements shall be waived in the cases referred to in paragraphs 4 and 5 of this Article; 2) the age limit: the minimum shall be 18 years, and the maximum shall be the retirement age as set forth in the Law on State Social Insurance Pensions. The requirement with regard to the retirement age shall be waived for civil servants of political (personal) confidence and for acting civil servants, as well as for public employees, performing economic or technical functions; 3) education necessary for discharging the duties of a public servant of an appropriate category; 4) completion of the primary military service pursuant to the Law on the Military Service. This requirement shall be waived for persons subject to conscription who have been excused from it in the cases and manner stipulated by the law, as well as for persons for whom it has been postponed or replaced by an alternative service. 2. Completion of the initial training programme for civil servants shall be a precondition for applicants seeking appointment by public competition to the positions of civil servants of the grade which is higher than the lowest grade of a particular category. 3. Completion of an appropriate training programme of the Lithuanian Institute of Public Administration or an equivalent programme shall be a precondition for applicants seeking appointment to the positions of the highest grades of civil servants. Positions subject to this requirement shall be determined by the Government. 4. The Republic of Lithuania citizenship requirement shall be waived for public employees, who are residents of the Republic of Lithuania, as well as to nationals of the following states: 1) Member States of the European Union or states who are parties to the Europe (Association) Agreements with the European Communities and their Member States, provided they do not apply the nationality  requirement to citizens of the Republic of Lithuania in analogous cases; 2) Member States of the North Atlantic Treaty Organisation (NATO), provided they do not apply the nationality requirement to citizens of the Republic of Lithuania in analogous cases. 5. The Lithuanian language proficiency requirement shall be waived for public employees performing economic or technical functions. 6. The following persons shall not be eligible for the Civil Service: 1) those convicted of major crimes or crimes against the Civil Service; 2) those who, pursuant to this Law, have been dismissed from the Civil Service for misconduct in office unless 10 years have elapsed since the dismissal; 3) the former staff officers of the USSR State Security Committee (NKVD, NKGB, MGB, KGB), pursuant to the stipulations of the Law on the Assessment of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Current Activities of the Staff Officers of this Organisation. 7. Restrictions referred to in paragraph 6(1) and 6(2) of this Article shall be waived when recruiting public employees. Article 10. Public Advertising of Recruitment to the Civil Service 1. The advertisement about the intended recruitment to the Civil Service shall be published in the supplement to the Valstybės žinios (Official Gazette) as well as in the national newspaper chosen by competition at least 2 months before the selection of applicants to the position. Municipalities may additionally advertise recruitment to the Civil Service in the local press. 2. Information about the intended recruitment to the Civil Service shall be announced by: 1) with regard to vacancies in state institutions and agencies when recruitment is made to the position of the lowest grade in a particular category, as well as in the cases specified in paragraph 4 of Article 23 of this Law,  - the Head of the Agency of the Civil Service Management; 2) with regard to vacancies in state institutions and agencies, when recruitment is made to the position of the grade higher than the lowest grade of a particular category, but below grade 20,  - the person responsible for personnel management at a state institution or agency; 3) with regard to vacancies in the administration of a municipality and municipal institutions - the Administrator. Recruitment to a position in the municipality controller’s office shall be announced by the Municipality Controller. 3. The advertisement of recruitment to the Civil Service shall specify the position title, group, category and grade, the methods to be applied in the selection of the applicants, the topics or questions of the examination. If the selection method to be used is assessment on the merits, the advertisement shall also state the merits of the applicants to be assessed. Article 11. Documentation Necessary for Entry into the Civil Service 1. Applicants to the Civil Service must submit the following documentation: 1) an application for participation in the selection; 2) an identity document; 3) a certificate of education; 4) documents confirming citizenship and age; 5) documents confirming that a person liable for conscription has completed the mandatory military service or that he has been exempt from the military service or the service has been postponed for him in the cases and manner provided for by law; 6) the list of personal merits in which the applicant specifies his skills and competencies; 7) the completed questionnaire of the prescribed form supplying the data specified in paragraph 6, Article 9 of this Law as well as other details.   2. Persons entering the Civil Service and seeking appointment by a public competition to the position of a civil servant of the grade which is higher than the lowest grade of a particular category as well as in the cases specified in paragraph 4 of Article 23 of this Law must submit a certificate of the completion of the initial training programme for civil servants. 3. Applicants seeking appointment to positions of senior civil servants must submit a certificate of completion of an appropriate training programme of the Lithuanian Public Administration Institute (or an equivalent training). 4. The applicants’ documents shall be accepted for a month’s period after the day of publication in the press of the last advertisement, except for the documents specified in subparagraphs 3, 4 and 5 of paragraph 1 and in paragraphs 2 and 3 of this Article, which must be submitted not later than a day before assessment of the applicants in the Selection Commission. A person’s failure to timely submit the required documents shall be considered as his refusal to enter the Public Service. 5. Documents shall be submitted to: 1) the Agency of the Civil Service Management - by the applicants seeking appointment to the Civil Service positions in state institutions or agencies, where vacancies are available to lowest grade positions of a certain category; 2) the personnel division of state institutions or offices - by the applicants seeking appointment to Civil Service positions in state institutions and offices, where vacancies are available to positions of a certain category of a higher grade than its lowest grade but below grade 20; 3) the municipality personnel division - by the applicants seeking appointment to the Civil Service positions in the administration of the municipality, municipality institution or the Municipality Controller’s Office. 6. Should it transpire that when entering the Public Service the applicant submitted falsified documents (document) required under paragraphs 1, 2 and 3 hereof or submitted information which does not correspond to the reality, or concealed information and facts, which under paragraph 6 of Article 9 of this Law made him ineligible for recruitment to the Civil Service, the person shall be dismissed from the Civil Service under paragraphs 1(9) or 1(10) of Article 56 of this Law, and the time span already worked in the position shall not be counted into his service record. Article 12. Applicant Selection Methods 1. The following applicant selection methods shall be applied to recruit civil servants: 1) a formal entrance examination; 2) assessment on merit. 2. Examination is the assessment of the prospective applicant’s required basic knowledge. The applicants’ answers to questions or topics chosen by the Selection Commission from the examination programme shall be produced in writing or on tests formats. The applicants’ answers presented to the Commission members must be anonymous. The merit indicated by the applicants may also be assessed by applying the above selection method. Where the examination shows identical results, the decision shall be taken on the basis of the applicants’ merit. 3. The assessment on merit is the assessment of the applicant’s skills and other competencies indispensable for the service. 4. The examination programmes for the applicants to recruitment to the Public Service in state institutions or agencies shall be approved by the head of the Agency of the Civil Service Management. The minimum requirements for the entrance examination to the Civil Service in municipalities shall be approved by the head of the Agency of Civil Service Management after consultation with the Association of Local Authorities of Lithuania. The mayor (where the municipal board is formed - the board) and the municipality controller shall approve additional questions and topics relating to the characteristics of the municipality activities. Article 13. Selection Commission 1. The Selection Commission for the selection of applicants to the Civil Service positions shall be formed after the announcement of vacancies in the Civil Service, 2. The composition of the Commission and the procedure of work shall be established by the standard regulations of selection commissions, approved by the Minister in charge of the Civil Service. Persons related to the applicants by blood or marriage or through any other circumstances favouring partiality shall not be eligible for service on the Selection Commission. 3. The Selection Commissions shall be formed: 1) for the applicants to recruitment to a Public Service position of the lowest grade of a particular category as well as in the cases specified in paragraph 4 of Article 23 of this Law - by the head of the Agency of the Civil Service Management; 2) for the applicants to a state institution or agency to a position of the grade higher than the lowest grade of a particular category but below grade 20 - by the person responsible for personnel management at the state institution or agency; 3) for the applicants to recruitment to the Public Service in the administration of a municipality or municipal institutions - by the Administrator. The Selection Commission for the applicants to the municipality Controller’s Office shall be appointed by the Municipality Controller. 4. The Selection Commissions shall: 1) hold the examination of applicants for recruitment to the Civil Service and assess them on merit; 2) give recommendations to the persons specified in paragraph 7 of Article 17 of this Law regarding appointment of the selected applicants as interns or for  a probationary period to a specific position at a certain state institution or agency, a unit of the municipality administration or the Municipality Controller’s Office. Article 14. Recruitment of Career Civil Servants 1. Recruitment of career civil servants shall proceed by stages beginning with the selection of the applicants and their appointment as interns or for a probationary period. The applicants to the positions of career civil servant positions shall be selected by way of examination.  2. The applicants to the positions of career civil servant positions shall be selected by way of a public competition: 1) if the position grade is below grade 20; 2) in the cases provided for in paragraph 4 of Article 23 of this Law. 3. The recruitment of career civil servants shall be arranged: 1) for applicants to the lowest grade positions of a specific category at state institutions or agencies as well as in the cases specified in paragraph 4 of Article 23 of this Law - by the head of the Agency of the Civil Service Management; 2) for applicants to the positions at state institutions or offices of higher grade than the lowest grade of a certain category, but below grade 20 - the person responsible for personnel management at a state institution or office; 3) for applicants to the Public Service positions in the municipality  administration or at municipal institutions - the Administrator. The recruitment of the administrator shall be arranged by the Mayor (where the  municipal board is formed - by the Board). Recruitment to the municipality controller’s office shall be organised by the Municipality Controller.  4. The Selection Commission shall: 1) select the applicants on the basis of the examination results and, where identical results are produced, assessment of the applicants on the merit and, upon presenting the competition results in writing, shall make a public announcement thereof; 2) give recommendations to persons specified in paragraph 7 hereof to appoint the selected applicants to the specific positions in a certain state institution or agency, a unit of the municipality administration, municipal institution or the Municipality Controller’s Office. Applicants to the lowest grade position of a specific category shall be recommended for placement in the positions as interns. Applicants to the positions of a higher grade than the lowest grade of a specific category but lower than grade 20 as well as in cases specified in paragraph 4 of Article 23 of this Law shall be recommended for appointment to a position for a probationary period. 5. The Commission shall give recommendations taking into account the applicants’ preference to hold a specific position. Priority to chose a specific position  shall be given to the applicants with higher ratings of the Commission. Recommendation  for placement of applicants in the positions as interns at the institutions accountable to the Government shall be agreed with the Personnel Management Board. Recommendations for appointment of applicants for a probationary period shall not be subject to agreement with the Personnel Management Board. 6. Applicants may not be recommended for appointment to a position in which they would be related by blood or by marriage to the immediate superior if in their service together one of the applicants would be in direct subordination to the other or have be in a supervisory position over the other. Only persons authorised in the manner laid down by the law to handle the material which constitutes a state secret may be recommended for appointment to positions connected with the use or protection of information which is considered a state secret. 7. Recommendations to appoint applicants to positions in the Civil Service as interns or for a probationary period shall be given : 1) in respect of applicants to be appointed to positions in the Seimas or President’s Offices - to the heads of the Offices; 2) in respect of applicants to be appointed to positions in the Constitutional Court or the Supreme Court of Lithuania - to the Court Chancellors; 3) in respect of applicants to be appointed to positions in courts (other than the Constitutional Court and the Supreme Court of Lithuania), prosecutor’s offices, the State Control, the Bank of Lithuania, the Seimas Ombudsmen’s Office, the Office of the Equal Opportunities Ombudsman, the State Control Department, other institutions and agencies not accountable to the Government - to the heads of the respective institutions and agencies; 4) in respect of applicants to be appointed to positions in the institutions or offices accountable to the Government - to the head of the Agency of the Civil  Service Management; 5) in respect of applicants to be appointed to positions in the municipality  administration and municipal institutions - to the Administrator. Recommendations for the appointment of applicants to positions in the Municipality Controller’s Office shall be given to the Municipality Controller. 8. Persons specified in paragraph 7 hereof shall appoint applicants to specific positions in the appropriate institutions or agencies as interns or for a probationary within 10 days after the recommendation of the Selection Committee for appointment. 9. Persons specified in subparagraphs 1, 2, and 3 of paragraph 7 hereof may refuse to appoint to a specific position the applicant recommended by the Commission. The Agency of the Civil Service Management shall be notified about the motives for refusal. In such cases, with account of the motives of refusal, the applicant shall be offered positions in the institutions and agencies accountable to the Government. 10. A person appointed to a position of an intern or for a probationary period shall assume office after he takes over service-related matters following the procedure prescribed by the Government or a body authorised by it. The above shall not be applicable to appointment to a newly-created vacancy. A fixed term service contract shall be concluded with the intern or the person on probation pending the appraisal of internship or probation. 11. During the internship the intern shall take up training according to the initial training curriculum. The intern or the person on probation shall have a career civil servant assigned to him who shall initiate him into the peculiarities of the specific position. 12.All the duties of a civil servant shall be obligatory to an intern or person on probation and he shall avail himself of all the rights, social and other guarantees of a civil servant, except for the provisions of Chapter Six of this Law. An intern or a person on probation shall receive a salary amounting to 70% of the basic salary of the position held. They shall not receive any bonuses or allowances. 13. The Government or a body authorised by it shall determine the length of internship and probation which, depending on the position, may not be longer than two and one year, respectively. The Government or a body authorised by it shall also determine the contents of the interns’ initial training, other peculiarities of internship  and probation. 14. At the end of internship and a probationary period, the suitability of interns and probationers shall be evaluated by their immediate superiors. 15. Persons whose internship or probation receives a positive evaluation shall be appointed for an indefinite period as career civil servants. 16. Interns and probationers shall be appointed to their positions in appropriate state institutions or agencies by an order issued by the persons specified in paragraph 7 hereof. 17. The order shall become effective after the person permanently appointed to a position takes an oath of allegiance to the Republic of Lithuania. After the order becomes effective the person shall acquire the status of career civil servant. The civil servant shall be handed in a letter of appointment to the state service, signed by the Minister in charge of the Civil Service as well as the certificate of a civil servant. The standard form of the letter of appointment to the Public Service, the  certificate of a civil servant and the procedure for their issuance shall be approved by the Government or a body authorised by it.  18. Persons to whom their immediate superiors give a negative assessment of their work during their internship or the probationary period shall be reassessed by the performance evaluation commission of the a state institution, agency or municipality. 19. Taking into consideration the findings of the performance evaluation commission, the officers specified in paragraph 7 hereof shall make the final decision on the negatively assessed work of the intern or probationer, issuing an appropriate order on the matter. 20. If the final decision is to give a negative assessment of internship or probationary period, the intern or probationer shall be dismissed. 21. The dismissal order may be appealed against to court according to the established procedure within 14 days following the delivery of the order to the dismissed person. Article 15. Recruitment of Civil Servants of Political (Personal) Confidence 1. Recruitment to positions of civil servants of political (personal) confidence shall be made without a competition by the choice of state politicians. 2. Applicants to specific positions shall be appointed by: 1) for positions in the Seimas -  the Chairman of the Seimas or the person authorised by him; 2) for positions in the President’s Office - by the President of the Republic or the person authorised by him; `           3) for positions in the Prime Minister’s Office and departments under the Government of the Republic of Lithuania - by the Prime Minister or the person authorised by him; 4) in the ministries - for positions of the Deputy Minister or Deputy Minister -Department Director - by the Prime Minister on the recommendation of the minister; to other positions - by the minister; 5) to positions in municipalities - by the mayor. 3. Government representatives and county governors shall be appointed by the Government, and county governor deputies - by the Prime Minister on the recommendation of the county governor. 4. Upon entering the Civil Service and being appointed to the position of a civil servant of political (personal) confidence, the civil servant shall acquire the civil servant status from the appointment day. He shall be issued a standard certificate of the civil servant. 5. The service of civil servants of political (personal) confidence shall be terminated on the expiry of the term of office of state politicians who have chosen them or upon the expiry of the powers of  the said politicians. Article 16. Recruitment of Public Managers 1. Public managers shall be recruited on the basis of public competition or without a competition on the basis of political (personal) confidence. The institutions whose public managers are civil servants of political (personal) confidence as well as state politicians who have the right to appoint public managers of the said institutions - civil servants of political (personal) confidence shall be determined by the law. 2. Public managers shall be recruited on the basis of public competition for the term of office specified by the foundation deed of the institution, and other legal acts. The term of office may not be longer than 5 years and shall not depend on  the term of office of the Seimas, the President of the Republic or municipal councils. Public managers shall be recruited by applying with regard to the prospective applicants the method of assessment on merit. Subjected to assessment shall be their leadership abilities, managerial and professional skills and other competencies. 3. Applicants to the positions of public managers which are included in the list approved by the Government, must submit a certificate of graduation from the Lithuanian Institute of Public Administration testifying to their completion of the senior civil servant training programme (or an equivalent programme). 4. Public managers shall be recruited to their positions in the Public Service by the head of the institution or agency to whom the new appointee is accountable or by the person authorised by the head (in the municipality - by the Administrator). Upon assessing the applicants on the merit, he shall determine the winner of the competition and appoint him to the position of public manager or turn down all the applicants. 5. Having entered the Civil Service and having been appointed to the position of public manager, the person shall acquire the status of the civil servant as from the day of his appointment. He shall be issued a standard  certificate of the civil servant. 6. Upon the expiry of the term of office the public manager who has been appointed on the basis of  public competition may repeatedly submit his application for participation in the public competition for the appointment to the position of  public manager. Unless the foundation deed of the institution or other legal acts provide otherwise, the number of a person’s term of office in the position of public manager shall not be limited. Article 17. Recruitment of Acting Civil Servants 1. Acting civil servants shall be recruited to the Civil Service on the basis of public competition or political (personal) confidence. 2. Persons acting for the temporarily absent civil servants of political (personal) confidence shall be recruited in the manner laid down in Article 15 of this Law. 3. Persons acting for the temporarily absent career civil servants shall be recruited on the basis of public competition. They shall be subject to the applicants’ assessment technique - assessment on merit. 4. The applicants who are recruited on the basis of public competition shall be assessed, the decision on their suitability for positions of career civil servants shall be taken and appointments shall be made: 1) at the Seimas and President’s Office: of career civil servants - by the heads of the Offices, of civil servants of political (personal) confidence - by the heads of the appropriate institutions or persons authorised by them; 2) at the Constitutional Court and the Supreme Court of Lithuania - by the Court Chancellors; 3) at other courts (except for the Constitutional Court and the Supreme Court of Lithuania), the prosecutor’s offices, the State Control, the Bank of Lithuania, the Office of the Seimas Ombudsmen, the Office of the Equal Opportunities Ombudsman, the State Security Department, other institutions and agencies not accountable to the Government - by the heads of the above institutions or agencies; 4) at the institutions and agencies accountable to the Government: of career civil servants- by persons responsible for personnel management, of civil servants of political (personal) confidence - by the heads of the above institutions or agencies; 5) at municipalities: of career civil servants - by the Administrator or the Municipality Controller, of civil servants of political (personal) confidence - by the Mayor. The Municipality Controller shall make decisions regarding the applicants’ suitability to positions of career civil servants at the office of the Municipality Controller. 5. Upon admission to the Civil Service and appointment to a position as an acting civil servant, the person shall acquire the status of the civil servant as from the day of appointment. He shall be issued a standard certificate of the civil servant. 6. Acting civil servants shall be recruited to the Civil Service on a temporary basis for a period which may not exceed 4 years, until the return of civil servants who are not able to perform their duties. The terms and conditions of recruitment of acting civil servants shall be established by the Government or the institution (agency) authorised by it. Article 18. Recruitment of Public Employees 1. Recruitment to the positions of public employees shall be made on the basis of a public competition in the manner prescribed by the Government or the body authorised by it, or as prescribed by laws or statutes. Recruitment to the position of the public managers of service institutions shall be made pursuant to Article 16. 2. Upon entry into the Public/Civil? Service and appointed to the position of a public employee, the person shall acquire the status of a public employee following the signing of a employment contract in the form and manner prescribed by the Law on the Employment Contract. Article 19.Oath of the Civil Servant 1 Upon entry into the Public Service to the position of a career civil servant the person shall swear an oath of allegiance to the Republic of Lithuania. The text of the oath of a civil servant shall read as follows: “ I, (first name, name), swear to serve faithfully to the Republic of Lithuania and its people, to respect and observe the Constitution and laws, and perform the duties of a civil servant in good faith; So help me God.” 2. The last sentence may be omitted. 3. The oath of a civil servant shall be administered: 1) at the Seimas Office and the President’s Office  - by heads of the Offices; 2) at the Constitutional Court and the Supreme Court of the Republic of Lithuania - by heads of the Courts; 3) at other courts, with the exception of the Constitutional Court and the Supreme Court of Lithuania, -  by the Minister of Justice; 4) at prosecutor’s offices  - by the Prosecutor General;          5) at the State Control, the  Bank of Lithuania, at the Office of the Seimas Ombudsmen, at the Office of Equal Opportunities Ombudsman, the State Security Department - by heads of these institutions and agencies; 6) at the institutions and agencies accountable to the Government - by heads of these institutions and agencies; 7) of the personnel of state commissions appointed by the Seimas, the Chairman of the Seimas or President of the Republic - by their chairmen; 8) at the municipalities - by the Administrator, of the officials of the Controller’s office and other servants - by the Municipality Controller, and of the Municipality Administrator - by the Mayor. 4. The procedure for administering the oath of a civil servant shall be prescribed by the Minister in charge of the Civil Service . Chapter Four Duties and Rights of Civil Servants Article 23. Duties of Civil Servants A civil servant must: 1) be loyal to the state of Lithuania and its constitutional order; 2) serve people without bias; 3) respect human rights and contribute to exercising these rights; 4) perform tasks and instructions assigned by his superiors in an appropriate and timely manner; 5) without delay notify his superior about tasks or instructions which are illegal in his judgement; 6) make decisions in accordance with legal acts setting forth their competence, and insist that theses decisions are carried out in a timely and precise manner. In making decisions, civil servants must be guided by the principle that all persons are equal; 7) adhere to the code of conduct; 8) follow the established rules and work procedure; 9) guarantee the transparency of his activities at work, and provide information in a prescribed manner concerning his work; 10) improve professional qualifications; 11) protect legitimate interests of the state and municipalities; 12) in solving public issues, co-operate and exchange information with his fellow civil servants and civil servants of other institutions and agencies; 13) protect from loss and illegal disclosure state or professional secrets. Refrain from using and refuse to allow to use official or work related information in a manner and degree other than set forth by laws and other legal acts; 14) refrain from using directly or indirectly state or municipal property, also property rented by the state or municipalities for purposes other than activities related to work, unless otherwise provided by internal regulations of a state institution, agency or municipality or by other legal acts; 15) refrain from using time at work for political activities (with the exception of political (personal) confidence civil servants), refrain from using time at work for activities not related to work, except for teaching activities or other activities set forth by legislation as well as participation in the activities of trade unions pursuant to subparagraph 10, paragraph 1 of Article 21 of this Law. The said activities do not excuse civil servants from carrying out their official duties; 16) in the event of a strike, protect and supervise key public buildings, equipment and premises and provide to the public minimum of services as set forth in legislation; 17) carry out other duties established by legislation and statutes. Article 21. Rights of Civil Servants 1. Civil servants shall have the right: 1) to a real and viable job in carrying out duties of a certain category and grade, irrespective of a political change of the state or local government. This right shall be restricted for civil servants of political (personal) confidence; 2) to a career in the service according to their professional qualifications, merits and the opportunities offered by the Civil Service. This right shall be granted only to career civil servants;  3) to receive the basic salary appropriate to their grade, a bonus set out in this Law, allowances and other benefits; 4) to training and improvement of professional qualification financed from the state, municipal government and other budgets, as well as from state funds and state resources; 5) to acquire information from their superiors, fellow civil servants and civil servants in other institutions necessary for carrying out their tasks and instructions; 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, paragraph 1 of Article 56 of this Law. They shall be paid a compensation in the amount of 3 monthly average pays. When  civil servants of political(personal) confidence lose the status of a civil servant as a result of no confidence expressed by state politicians who have chosen them they shall also lose the status of a civil servant and shall be dismissed from the Civil Service pursuant to subparagraph 14, paragraph 1 of Article 56 of this Law. They shall be paid a compensation in the amount of one average monthly pay; 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 22. Activities Incompatible with the Public Service Civil servants must not: 1) be members of the management bodies of enterprises, non-profit organisations, with the exception of cases provided by the law, nor must they receive remuneration for their work in the management bodies of these enterprises and non-profit organisations, with the exception of cases provided by the law; 2) enter into contracts on behalf of the institution or an agency at where the civil servant is employed with personal enterprises, partnerships whose owners, general or limited partners they or persons referred to in paragraph 18, Article 2 of this Law are, with public companies where they or persons referred to in paragraph 18, Article 2 of this Law  have shares or under a letter of attorney manage another person’s shares; 3) represent the interests of their country or foreign enterprises, other institutions or agencies or travel abroad at the expense of enterprises; 4) work as an employee, advisor, expert or consultant in private institutions or enterprise, get a salary other than set out by this Law, except a salary for work in commissions of elections of all levels and referendums and under contracts with election and referendum commissions as well as for work  in management bodies of enterprises and non-profit organisations if this is provided  by law, for scientific and pedagogical work at scientific, educational establishments and training centres of  civil servants, for work in groups and commissions involved in preparation of legal acts provided this work is not specified in the job description, also for works which are the object of copyright under the Law on Copyright and Related Rights; 6) strike if the career civil servant in public administration holds the position of head of a department of an institution or an agency or a higher position or  if this is prohibited by laws or statutes; 7) hold more than one position in the Public Service. CHAPTER FIVE CAREER DEVELOPMENT OF CIVIL SERVANTS Article 23. Promotion 1. Career civil servants shall be promoted through an open or closed competition. 2. Persons seeking a position in a grade below 20 may take part in the open competition together with persons seeking employment in the Civil Service. If the assessment of a person seeking employment in the Civil Service and of a person seeking promotion is equal, the civil servant shall be given preference. 3. To the positions in grade 20 and higher civil servants shall be appointed through a closed competition . Civil servants of any institution or agency holding positions in a grade lower than that of the position sought may take part in the competition. During the competition account shall be taken of professional qualities, their ability to perform various duties in the same grade, length of service in the current position, improvement of qualifications related to the new position. Closed competitions shall be held by state institutions, agencies and municipalities in the manner prescribed by the Government or a body authorised by it. 4. An open competition may be held for positions otherwise filled through a closed competition pursuant to paragraph 3 of this Article when: 1) following announcement of a closed competition, there are no applicants from among  the civil servants; 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. 5. Open competitions referred to in paragraphs 2 and 4 of this Article shall be held in the manner specified in Article 14 of this Law.    6. Civil servants seeking positions in a grade higher than the lowest grade of a certain category must have completed the initial training programme of civil servants. 7. Civil servants seeking positions of senior civil servants recorded in the list approved by the Government must have completed a relevant training programme of the Lithuanian Institute of Public Administration or an equivalent programme. 8. 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 24. Mobility 1. Career civil servants may on their own initiative seek a change of the position held into another position of the same category and grade or into a lower position at another inst …