REPUBLIC OF LITHUANIA
LAW
ON
THE OFFICIALS OF THE REPUBLIC OF LITHUANIA
Chapter 1
GENERAL PROVISIONS
Article 1. Objectives of the Law
This Law shall determine the concept of civil service, the
procedure of employment in the service, compliance with the
procedure, the rights, duties and responsibilities of officials
and termination of employment relations.
Article 2. State and Local Authority Politicians
Employees who are elected, either directly or indirectly, to
their posts by the citizens of the Republic of Lithuania or
appointed for the implementation of a political programme by the
institutions of State legislative and executive authority or
local authority shall be political figures (politicians). Their
salaries shall be paid from the State or municipal budget
resources.
State politicians shall include the President of the
Republic of Lithuania, members of the Seimas, the Prime Minister,
and ministers.
Local authority politicians shall be municipal council
members.
Article 3. State and Local Authority Employees
Employees of offices and organisations (with the exception
of those specified in Article 2) whose salaries are paid from the
State Budget or municipal budgets shall be considered state or
local authority employees.
According to the contents and character of their principal
duties, employees shall be divided into professional corps (of
teachers, the police, medical workers, diplomats, officials,
etc.).
Article 4. The Civil Service
The civil service is the performance of duties in the
Seimas, the institutions of the President, the Government, other
state institutions, and structural divisions of local authority
in accordance with the list of offices of the civil service
(hereinafter referred to as the list of offices).
The list of offices shall be kept by the Government. The
list shall name the offices of officials and specify the level
("A" or "B") to which they are assigned.
The Seimas, the President and the Association of
Municipalities of Lithuania shall establish and present for the
list of offices the offices of officials of their respective
institutions in accordance with the uniform form.
Article 5. State and Local Authority Officials
Employees of the civil service shall constitute the
professional corps of officials.
Employees who fulfill business-technical functions, i.e.,
who service the internal economy of the place of their employment
and whose activities have no effect on the activities performed
by the institution according to its competence shall not be
considered officials.
In the institutions of state government, employees whose
office is on the list of officials shall be state officials, in
the municipal government structures - local authority officials
(hereinafter referred to as state and local authority officials -
officials).
Article 6. Levels of Officials
Officials shall be divided into officials of "A" and "B"
levels.
State officials of "A" level shall be employees appointed by
the Seimas, the President, the Government and other employees
specified in the list of offices who assist state politicians in
fulfilling their functions. The service of the above officials
shall be connected with the duration of the term of office of
their respective head officers.
State officials of "B" level shall be employees, appointed
by the Seimas, the President, the Government, their structural
divisions, ministries, Government institutions (departments,
agencies, inspectorates), departments founded at the ministries,
and agencies, inspectorates, other institutions of state
government, as well as employees specified in the list of
offices. The service of these officials shall not be connected
with the term of office of the institutions which appoint them.
Local authority officials of "A" level shall be controllers,
their deputies and other employees specified in the list of
offices who assist local authority politicians to fulfill their
functions. The service of the above officials shall be connected
with the duration of the term of office of their direct head
officers.
Local authority officials of "B" level shall be employees
appointed in accordance with the procedure established by the Law
on Local Self-government, as well as other employees specified in
the list of offices. The service of these officials shall not be
connected with the duration of the term of office of the
institutions which appoint them.
The Seimas, on the proposal of the Government, shall assign
the offices to "A" level in the list of offices.
Chapter 2
CIVIL SERVICE
Article 7. Administration of the Civil Service
The civil service shall be administered by the Government
which shall give instructions to the ministries, state and, on
coordination with the Association of Municipalities of Lithuania,
municipal institutions.
The following functions shall be performed while
administering the civil service:
1) compilation of a data bank concerning the officials and
storage of data;
2) working out of the basic provisions of the qualification
requirements as regards the officials, and establishment of the
procedure for determining the qualification categories;
3) submission of recommendations to state and municipal
institutions on the transfer of officials in the civil service
in accordance with the procedure established by law;
4) coordination of the officials' qualification improvement;
5) performance of other functions in the sphere of civil
service administration established by this Law and other laws;
and
6) control over the implementation of this Law.
The institution which performs the functions of the civil
service administration shall coordinate all its requirements to
local authority officials with the Association of Municipalities
of Lithuania.
Article 8. The Obligation of Institutions Power and
Government to Furnish Information
State and municipal institutions, enterprises and
organisations must furnish the institutions authorised by the
Government with the information required for administering the
civil service.
Article 9. Requirements for Obtaining Employment in the
Civil Service
Persons who are citizens of the Republic of Lithuania, have
a good command of state language and meet other requirements as
regards qualification prescribed as necessary for the office
shall be employed in the civil service.
Article 10. Civil Service Employment Prohibition
The following persons may not be employed in the civil
service:
1) persons tried for grave crimes, crimes against the civil
service; and
2) persons who are close relatives or are related by
marriage if their service is connected with direct subordination
between the relatives or with the right of one of them to control
the other.
Article 11. Procedure of Employment in the Civil
Service
Officials of "A" level shall be employed in the civil
service in accordance with the procedure established by the
Constitution, labour legislation, and other laws of the Republic
of Lithuania. Employment contracts of limited duration shall be
concluded with the above officials for the term of office of
appropriate institutions or their heads.
Officials of "B" level shall be employed in the civil
service in accordance with the procedure established by the
labour legislation and other laws. The above officials may be
employed only after having taken part in a public competition or
upon passing examination to attest their qualification. The rules
of the competition and examination shall be approved by the
Government.
Prior to their employment officials shall submit a health
certificate in accordance with the form set by the Ministry of
Health Care.
Article 12. Commencement of State Service
Officials shall commence to perform their official duties
from the day of their election, appointment or conclusion of
employment contract, unless the law or the contract of employment
provides otherwise.
Article 13. Service Certificate
Officials shall be issued service certificates of state or
local authority official no later than within 5 days after they
commence performing their official duties.
The form of the officials' service certificate shall be
approved by the Government.
Article 14. Duties of Officials
Officials must:
1) observe the Constitution and laws of the Republic of
Lithuania;
2) implement Government decrees, other legal acts which
regulate their functions as well as the tasks and instructions
given to them by their chiefs;
3) take decisions provided for in the laws determining their
competence and in office regulations, and insist that the
decisions be timely and accurately carried out;
4) comply with the established regulations of professional
ethics;
5) perform their duties faultlessly and in a cultured
manner;
6) improve their qualification in accordance with the
procedure established by the Government (local authority
officials - on coordination with the Association of
Municipalities of Lithuania);
7) keep confidential the state and official secret
established by standard acts;
8) guarantee the open character of their work, present
information on their work to the residents in the manner
established by law;
9) defend the lawful interests of the state and local
authority;
10) declare their property and income in accordance with the
procedure established by law;
11) officials of "B" level - when quitting the civil service
to take up employment in private business enterprises, offices
and organisations, must compensate the state or local authority
expenses connected with the improvement of their qualification
within the last three years;
12) officials of "B" level - refrain from engaging in public
and political activities within the office premises and during
working hours; and
13) give notice to the head official and, upon his consent,
refrain from fulfilling a task in the event of a conflict between
personal property interests and the task, or if there are
arguments to the effect that personal circumstances of private
character may undermine the prestige of the civil service.
Article 15. Rights of Officials
Officials shall have the right to:
1) refuse to fulfill a task or an instruction if, in their
opinion, the given task or instruction is not in conformity with
the law; the official shall notify the head of the institution
thereof and shall fulfill the task or instruction only if so
requested in writing by the head of the institution, except in
cases where the fulfillment of the task or instruction would
constitute a criminal act or an administrative violation; the
official must no later than on the next working day present the
superior head official with a justified statement declaring that
he disagrees with the task or instruction. Responsibility for the
effects of fulfillment of an unlawful task or instruction shall
lie with the head official who gives the task or instruction;
2) at the expense of the institution improve their
qualifications for 15 to 30 days in 2 years in accordance with
the qualification requirements set for their office and receive
official salary during the period; and
3) receive in-service training in other institutions as well
as abroad in accordance with the procedure established by law.
Article 16. Prohibitions for Officials
Officials shall be prohibited from:
1) being employed in other enterprises, offices and
organisations, being members of their managing bodies (unless the
law provides otherwise), being employed in another elective or
appointive post, receiving any other salary with the exception of
payment for creative activities;
2) being the owner of a personal enterprise, or general or
limited members of a partnership, acquiring or holding in trust
more than 10% of securities of one enterprise;
3) representing the interests of other domestic and foreign
enterprises, offices and organisations, and going abroad on their
invitation;
4) going on strike;
5) using the office property for other than official
business;
6) using working hours and the opportunities provided by the
office for other than official purposes; and
7) receiving presents for the performance of official
duties, unless this is provided for by international protocol.
Article 17. Assessment of Officials' Work
The work of officials of "A" level shall be assessed by
their head officials.
The work of officials of "B" level shall be assessed every
year in accordance with the office internal regulations, and once
in 3 years their performance evaluation shall be made and the
results thereof shall be used for determining their qualification
category.
The evaluation of officials shall be regulated by the
general evaluation regulations approved by the Government.
On the basis of the performance evaluation results, the head
of the institution shall take a decision, in accordance with the
established procedure, on the amount of the official's official
salary, his promotion, demotion or dismissal from office in
accordance with the labour legislation.
Article 18. Incentives and Awards Given to Officials
Officials shall be given the following incentives and
awards:
1) a message of appreciation;
2) incentive bonus; and
3) a present with the official's name inscribed on it.
For special merits, for lasting faultless work in the civil
service officials may be recommended for a national award.
Article 19. Disciplinary Responsibility of Officials
For failure to fulfill official duties provided for by law,
service regulations or office rules, or to comply with the
requirements provided for by Articles 14 and 16 of this Law,
officials, except those to whom the law provides for a special
type of disciplinary responsibility, may be assigned, on the
decision of the head of the institution, disciplinary penalties
established by labour legislation, in compliance with the
procedure for assigning penalties as provided for by said laws.
Article 20. Resignation and Dismissal from the Civil
Service
Resignation means the official's written application
submitted to the head of the institution whereby he requests
dismissal from the civil service in the cases provided for by
this Article.
State and local authority officials of "A" level with whom
employment contract of limited duration is concluded shall resign
upon the expiry of the term of the contract.
Officials of "B" level, disagreeing with the policy
implemented by the Seimas, the President or the Government, or
with their decisions or actions may resign if the criticism of
the above actions, passed through all stages in accordance with
the regular course of business, produces no positive results. In
the event that the above officials declare their disagreement in
the mass media, at political and other public events (except when
such declarations are made during the election campaign to the
Seimas, the office of the President or municipal councils), they
tender their resignation no later than within 14 days. Should
they refuse to resign, they shall be dismissed from office in
accordance with the procedure established by the labour
legislation and shall be considered dismissed from the civil
service.
The official's voluntary resignation specified in part 3
hereof must be accepted on the grounds established by the labour
legislation.
The officials' employment relations may terminate on the
grounds determined by labour legislation.
Chapter 3
THE OFFICIALS' WORKING HOURS
AND SOCIAL GUARANTEES
Article 21. The Working Hours of the Officials
The duration of the official's working hours shall be
determined by labour legislation. On the decision (order,
instruction) of the head of the institution they may be assigned
longer working hours. Working overtime shall be compensated in
accordance with the procedure established by law.
Article 22. Remuneration of Officials
Remuneration of officials shall consist of the official
salary and other payments established by law.
Salaries shall be paid out of the state and municipal
budgets.
Salaries of officials shall be fixed by the law which
regulates the remuneration of employees of all offices and
organisations financed out of the state and municipal budgets and
the attribution of offices to appropriate categories.
Article 23. Holidays of Officials
Officials shall be granted annual holiday of 30 calendar
days. In addition, two extra days shall be granted for each five-
year period of work in the civil service provided that the total
length of annual holiday does not exceed 40 calendar days.
The officials' length of service shall be counted from 11
March 1990.
Article 24. Guaranties Related to the Work in the Civil
Service
Upon the resignation of officials of "A" level (part 2 of
Article 20 of this Law), the institution appointed by the
Government (Article 7 of this Law) must offer them another office
in the civil service corresponding to their profession and
qualification, and in the absence of such office - another job
in the civil service.
If it is impossible to fulfill the requirements set in part
1 hereof within a month's period, as well as in the event of the
official's refusal to take up another office or another job, he
shall be paid a compensation in the amount of the last three
official salaries.
The officials of "B" level may not be dismissed by reason of
the resignation in corpore of the Seimas, the President, the
Government and the municipal council or because of the expiry or
change of the term of office of the politicians (heads) of the
above institutions.
Article 25. Social Guarantees of Officials
Pensions for the officials shall be determined by the Law on
State Social Security Pensions of the Republic of Lithuania as
well as other laws on pensions.
In the event of an official's death or injury owing to
reasons related to the service, and if other laws provide for no
compensations therefor from the state budget, compensations in
the following amount shall be paid from the state or municipal
budget:
1) to the family of the deceased - a sum in the amount of
the last official salary of two and a half years; and
2) to the injured official - a sum in the amount of his
last official salary of one to two and a half years, varying
according to the gravity of injury; the amount of compensation of
the type shall be determined by the regulations approved by the
Government.
Upon the death of the official because of reasons related
to the service, funeral expenses shall be accordingly covered
either by the state or the local authority.
Article 26. The Official's Expenses Related to his
Moving to Another Locality
Official who is transferred to another locality in
accordance with the procedure established by law shall be
compensated the expenses incurred by him in relation to moving.
The sum of compensation shall be exempt from income tax.
For the purpose of moving the official shall be granted a
leave from work for 5 working days and shall be paid for the
period his average monthly salary.
The guarantees specified herein shall be applied by the
institution to which the official is transferred.
Chapter 4
FINAL PROVISIONS
Article 27. Appealing against the Actions of Officials
Unlawful actions and decisions of officials may be appealed
against to the head of the institution, whereas the latter's
decisions may be appealed against in court.
Citizens' complaints concerning the abuse of the official
position or bureaucracy of the officials shall be considered
according to the procedure established by the Law on the Seimas
Ombudsmen of the Republic of Lithuania, whereas complaints
concerning other actions and decisions of the officials shall be
considered in court.
Article 28. The Procedure for Considering the
Officials' Labour Disputes
Labour disputes of the officials shall be considered in
court.
Article 29. Coming into Effect of this Law
This Law shall come into effect on 1 May 1995.
Article 30. Procedure for the Implementation of the Law
The procedure for the implementation of this Law shall be
established by the Resolution of the Seimas of the Republic of
Lithuania "Regarding the Implementation of the Law on Officials
of the Republic of Lithuania."
I promulgate this Law passed by the Seimas of the Republic
of Lithuania.
Algirdas Brazauskas
President of the Republic
Vilnius
4 April 1995
No. I-836