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Civil Law

Original Language Title: Valsts civildienesta likums

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The Saeima has adopted and the President issued the following law: civil law chapter I General provisions article 1. The purpose of the law this law aims to establish legitimate Government loyal, professional, politically neutral civil legal status, which provides the legal, stable, effective and transparent public administration activities.
2. article. The operation of the law (1) this law shall determine the civil servants of the Office of the applicant (hereinafter the applicant), raised the minimum requirements of an official appointment, termination of Office of officials, civil servants, law, service and leadership in the public service in General.
(2) To the applicant, the designated officials, subject to all the obligations and rights contained in this law relating to State civil servant (official).
(3) to the specialized public service (article 3, paragraph 2), this Act applies to the officials chapter I, chapter IV the General obligation laid down in article 22 and in common law. Other provisions of this law, the legal relationship in civil service dedicated to determine the extent that are not determined by special laws.
(4) the civil legal relations applicable labour legal relations regulating legislative rules defining the working and rest time, pay, the employee's substantive responsibilities and deadlines, so far as it is not determined by this law.
3. article. Clerk (1) an official is a person who in the State Chancellery, ministries, members of the Secretariat of the Prime Minister, Minister with special responsibility for the Secretariat, as well as the specific tasks of the Ministry, the Minister or the Deputy Prime Minister under the supervision of or in public administration (hereinafter the authority) form a sector policy or development strategy, coordinate the activities of the sector, distribution or control of financial resources, develop laws and regulations or the supervision of compliance with them, preparing or issuing administrative acts or prepares or takes other individual rights decisions.
(2) an officer in the civil service is dedicated to the person that the first paragraph of this article functions carried out diplomatic and consular service, State revenue service, the police, border guard, State fire and rescue service, the prisons administration.
(3) the Prime Minister, the Minister, the Minister of special duties, Deputy Prime Minister (Minister), Minister of State, said Executive Office staff (assistants, advisers, Press Secretary), as well as Parliamentary Secretary is not the officials.
Chapter II general public service management article 4. Civil Administration (1) civil administration (hereinafter the Board) is the national regulatory authority, the cabinet authorized Ministers in the exercise of State supervision policy in the civil service.
(2) regulatory functions are: 1) the control of this law and other areas of the civil law relating to the application of national regulatory authorities;
2) Cabinet of Ministers to draw up legislative acts in the field of civil service;
3) to develop a single staffing management public administration institutions and promote their implementation;
4) cabinet order to create, improve and update the national regulatory authorities, their functions, personnel and staff relations out of the person that have the status of civil servants, the unified accounting system, as well as to determine the availability of this accounting system;
5) provide career planning by officials of the single;
6) analyze the training needs of officials and prepare the annual curriculum order for school of public administration;
7) in the cases specified by law to organise for candidates;
8) to handle complaints about for candidates;
9) to grant official status;
10) in the cases specified by law to verify compliance with this law, civil servants;
11) to provide information in the field of civil service;
12) to examine physical and legal persons complaints about officers ' conduct;
13) in the cases stipulated by law and in order to propose and investigate the disciplinary proceedings;
14) in the cases specified by law and in order to impose a disciplinary measure;
15) to examine complaints against the officials supported disciplinary measures;
16) to propose to the Minister to cancel the national regulatory authorities the legal decisions in the field of public service.
(3) the Board is entitled to request and receive from officials and the public to carry out its functions, the necessary information.
5. article. The National School of Administration (1) the National School of Administration is the national regulatory authority, the cabinet authorized the Minister of supervision in implementing the national policy for education officials to prepare highly professional officials.
(2) the National School of administration functions are: 1) develop training programmes for officials;
2) coordinate and provide training of officials;
3) develop legislative projects, conceptual questions, messages, and other documents related to the training of officials.
Appointment of officials chapter III in article 6. Posts of officials (1) posts of officials according to post office tasks, in agreement with the Managing Authority, the Manager.
(2) for the purposes of this law, State Secretary in the Ministry is considered the head of the authority.
7. article. The applicant raised the minimum requirements To qualify for the official position of the person: 1) which is a citizen of the Republic of Latvia;
2) which manages the Latvian language;
3) which has a higher education;
4) which has not reached the statutory retirement age;
5) which are not penalized for intentional criminal offences or are rehabilitated or has been removed or deleted from the criminal record;
6) which is not exempt from the Clerk's Office with the judgment of the Court of Justice in criminal matters;
7) which is not recognized as incapacitated in accordance with the procedure prescribed by law;
8) which is not or has not been the USSR, Latvian SSR or foreign State security, intelligence or counterintelligence services of the State;
9) which has not been or not with laws or court rulings restricted the Organization members;
10) which is not a body or a relative of the immediate superior (the person with the Clerk's marriage, affinity or relationship to the first degree, as well as brothers and sisters). The Cabinet of Ministers may establish exceptions in cases where otherwise the institution concerned is unable to provide a specific function to it.
8. article. For candidates to vacant posts of officials (1) open for candidates in the "journal" issued: 1) to the Manager of the authority of Government;
2 the other officers) posts — relevant authority.
(2) the invitations to tender shall indicate, in accordance with the job description for the post of official applicant sliding, logon date and place of the application.
(3) the applicant login period may not be shorter than 20 days and longer than 30 days from the date of the invitation to tender.
(4) to the vacant posts of officials (except for the Manager of the institution) open for candidates may not, if promulgated by the head of the Authority's decision, but other authorities — with the Board's decision concerned an official post in the public interest.
9. article. Officials of the suitability of tenderers for inspection (1) eligibility of the applicant for the vacant post of the officials assessed the applicant and the Commission for the evaluation of civil servants, which creates competition to: 1) Manager of the authority, the Chief of Government. List of persons who may be included in the evaluation of applicants and officials of the Commission, approved by the Cabinet of Ministers on the recommendation of the Prime Minister;
the other 2) contest for the posts of officials: the head of the institution concerned.
(2) the applicant for compliance with the vacant position of the official description, the requirements shall be evaluated, taking into account the position of the official inspection criteria that determines: 1) for the post of the head of the authority, the Minister shall, having informed the management;
2 other posts of officials), the body in question.
(3) the applicant and the Commission for the evaluation of the officials choose one or more of the candidates who best match the job description in the official requirements, and, motivating their choice, recommend them: 1) to the Prime Minister, appointed Director of the State Chancellery;
the Minister for the appointment of 2)-the Manager of the authority;
3) authorities concerned the appointment of Manager — other officials ' positions.
(4) the officers referred to in the third subparagraph shall be assessed by the evaluation of applicants and officials of a Commission recommendation and decide on the appointment of the applicant.
(5) the authority shall publish in a newspaper "journal" referred to in the third subparagraph of decision on the applicant's official appointment within five days after the decision.
(6) If the applicant received the same evaluation, to take advantage of an official position of the person who is released from Office of officials: 1) due to the authority or official position of the liquidation;
2) due to the fact that temporary incapacity is not complied with the obligations of the service for more than four months in a row.
(7) the applicant shall have the right to get acquainted with the evaluation of applicants and officials of a Commission recommendation and referred to in the third subparagraph of the official decision. The applicant has the right to challenge the decision of the officials concerned in the management of seven days after the date on which it became known to him.
10. article. Repeated reuse of applicants to tender for candidates issued if: 1) the contest is not logged on to any applicant;

2) according to the assessment of applicants and officials of the Commission decision no professional background of the applicant does not meet the official job description requirements;
3) none of the applicants, and officials recommended by the Commission for the evaluation of applicants this Act article 9 referred to in the third subparagraph, where the officer is not recognised as suitable for the position.
11. article. The appointment of the applicant official's post (1) the officials of the applicant for an indefinite time with the order of the authority shall be appointed by the Manager. The applicant may appoint a clerk for a certain period of time, indicating the service conditions which it shall determine.
(2) the applicant authority of the Manager to be appointed by the Minister five years ago. The Director of the State Chancellery for five years be appointed Prime Minister. Six months before the expiry of a Minister or the Prime Minister shall decide on the extension of the period of five years or the reasoned decision on dismissal, having informed the management and the person in respect of which the decision is adopted.
(3) the Ministry of the applicant, the Minister of special duties of the head of the Secretariat, members of the Prime Minister's secretariat, head of the State Chancellery and the supervision of the Director of the institution in the Manager's Office this article referred to in the second paragraph of the officer appointed after approval by the Cabinet. The applicant, which set the time of the inspection, shall be appointed, but his approval of the Cabinet of Ministers.
(4) in appointing officials in the Office of the applicant, the Director and the authority of the officials referred to in the second subparagraph may determine the time of the inspection, which may not exceed six months.
(5) an applicant who is appointed to the position of the officials for the first time, the Director and the authority of the officials referred to in the second subparagraph shall determine the period of six months.
12. article. Inspection of documents (1) the authority shall forward the administration documents certifying the tender tenderer appointed posts, written proof of the applicant that applies to him in that law, those limitations.
(2) the Board shall check whether the applicant who appointed a tendering process, this law does not apply those limitations.
(3) If the Board finds that the applicant concerned is covered by any of the restrictions in the law, it shall inform the institution which issued the documents. On the basis of the Board's decision, the Authority released the applicant from official posts due to non-compliance with the minimum requirements of officials.
13. article. Officials promise (1) starting to perform official duties of the applicant that the Clerk's Office is appointed for the first time, go and sign the following pledge: "I promise to be honest and fair, loyal and independent Democratic Republic of Latvia, to hold office in accordance with the Constitution of the Republic of Latvia, international agreements, laws and Government decisions, and serve the general interests of society, to provide a legal, effective and transparent public administration."
(2) the promise shall adopt the Authority's leader. The head of the Authority's promise to accept the Minister. The Director of the State Chancellery shall adopt a promise the Prime Minister.
14. article. Official designation (1) not later than three weeks before the official post for the first time appointed by the applicant in the end of the trial period in accordance with the procedure laid down in this Act are assessed his suitability to work in the civil service.
(2) if the assessment is positive, the head of the institution proposes to grant to the applicant the Board officials. If the assessment is negative, the authorities released the leader of the official position of the applicant in connection with the examination of the behavior, not about informing the Government.
(3) the decision on the release of the head of the authority shall be adopted by the ministerial post, but for the Director of the State Chancellery of the Prime Minister release. A decision on the Secretary of State, Deputy Prime Minister, the head of the Secretariat of the Special Assignments Minister of the Secretariat, the Director of the State Chancellery and the monitoring authorities in the driver's release from the official position adopted, based on the Cabinet decision.
Chapter IV the general responsibilities of Officials article 15. The official's obligations (1) the official's obligations are: 1) to follow the Constitution, Latvia binding rules of international law, laws and other normative acts;
2) irrespective of their political beliefs to be loyal to the legitimate Government;
3) conscientious, displaying the personal initiative and acting in the public interest, to hold office, the legal orders of his superiors, to answer for their actions to the laws in the order and respect cabinet officials laid down the principles of conduct.
(2) an officer in the performance of their duties and outside it by their conduct should not discredit themselves, the authority and the State.
16. article. The obligation to answer for the acts or omissions of its legality (1) official in the performance of official duties, is responsible for the acts or omissions of its legality. If the official doubts about the validity of the assignment, his responsibility is to refuse to fulfil the task of informing in writing to the officer who brought the task.
(2) an official shall have the right, by submitting the complaint to challenge the received illegal orders or tasks for the next higher official. If the order or the job is not canceled, the official shall have the right to challenge the administration.
Article 17. Commercial, income generation, job connect, work and other restrictions on civil servants ' business, income generation, job connect, work, as well as other related constraints and responsibilities determined by the anti-corruption law.
18. article. Authorities, the official point of view of official authorities expressing the official view may express only with the authorisation of the head of the institution.
19. article. The obligation to raise the qualification of civil servants are obliged to regularly add to knowledge and enhance professional skills and skills necessary for the exercise of functions.
Chapter v the duties of Officials article 20. Officials of the Office (1) the duties of the Officials is certainly the position description. Official position description development agenda is determined by the Cabinet of Ministers.
(2) the official duties of that official launching to hold office or changing the duties entrusted to him the extent of the official job description down the head of the authority, the Manager of the authority, the Minister, the description but the Chancellor job description: Director of the Prime Minister.
(3) an official shall sign the job description that is familiar with it.
21. article. Absent the relief of officials or servants of the post vacant duties in the absence of an official's duties or vacant Clerk's Office Manager at the time of the authority, in addition to direct job may ask to meet other officials.
Chapter VI Rights article 22 Officials. Official common law official shall have the following common law: 1) to the permanent civil service, where this Act provides otherwise;
2) perform public administration functions for the post in specific competence;
3) legislation, in cases, to request and receive from any natural or legal person the information necessary for the performance of the duties of the position;
4) to the position appropriate for the performance of the duties of the circumstances;
5) apply for the vacant top-skilled categories posts of officials;
6) participate in training programmes for job duties required knowledge and skills.
23. article. Wage, salary, benefits, allowances and premiums (1) an officer shall receive monthly salary, which according to the post, the official qualification category and grade specified by the Cabinet of Ministers and order determined by the head of the authority, the Authority's Manager — the Minister, the Director of the State Chancellery, the Prime Minister.
(2) an official shall have the right, in addition to the monthly salary of a Cabinet and set in order to receive benefits, allowances and bonuses.
24. article. Benefits of injury, officials of the civil servants or their family members in the event of the death of (1) the official who suffered a serious accident, receives a lump sum payment of wages.
(2) if the official performance of their duties, have suffered injury or permanent disability or his health suffered a different injury and he can't fulfill his duties, he shall receive a lump sum payment set by the Cabinet of Ministers, pursuant to the exercise of functions of the degree of incapacity as determined by the incapacity of health and medical expertise Commission.
(3) in the event of the death of his family receives a lump sum payment of wages. If the official died in the performance of official duties, he is buried on public funds and his family receives a lump sum payment in the amount of 24 months.
(4) the Clerk shall receive the monthly salary in the amount of benefits due to a family member or dependent.
25. article. Allowance on the birth of a child to the official birth of a child shall receive a grant of about six months. If both the child's parents are officials, entitlement to benefits is one of them.
26. article. Compensation for travel expenses if the official does not live permanently at the administrative territory, where is his place of employment, he shall receive compensation for travel expenses.
27. article. Benefits due to the termination of Office

The official shall receive an allowance in the amount of monthly salary if terminated with her civil relations in the context of authority or official position of the liquidation or the reduction of the number of civil servants.
28. article. The premium for the additional duties of the Clerk shall receive the salary of the absent at the Clerk's Office and officials of the vacant posts of duty in addition to direct job.
29. article. Supplement for exercise of the increased intensity of work conditions, the official shall receive a salary bonus at the exercise of increased work effort.
30. article. Training and training expenses (1) the head of the Authority enables the official to raise qualification of not less than 45 days in a period of three years, saving him a monthly salary and expenses to be borne by the training if the training takes place in Latvia.
(2) the arrangements for training civil servants abroad and related expenses arrangements determined by the Cabinet of Ministers.
(3) an official who, without interrupting the exercise of functions, successfully taught education institution for the execution of their duties required knowledge, authority to bear half of the school year.
(4) an official who is released from the post of civil servants after the election and who will cover the tuition fees of the civil service nokalpoj in less than five years, the Cabinet of Ministers in the order released their school year, part of the charge, which covered the body.
31. article. Annual leave (1) official in each calendar year in accordance with the vacation schedule shall be granted annual leave, saving the average earnings.
(2) the duration of annual leave is four calendar weeks. Full annual leave for the first year of official who granted civil nokalpoj by continuously for at least six months.
(3) the clerk, if you leave annual leave, holiday leave benefit receives a salary.
(4) additional leave is granted to the official Cabinet cases, and in order.
32. article. Training leave official who, without interrupting the exercise of functions, successfully taught education institution for the execution of his duties the necessary knowledge, the national exam for sorting or diploma granted study leave to defend up to 20 working days, saving the monthly salary. If an official is required and the service conditions permit, paid study leave of up to 10 working days of the semester may be granted.
33. article. Leave without salary retention (1) If an official is required and the service conditions permit, an official granted leave without retention of salary.
(2) if the official agreed to stand as a candidate in the parliamentary or local Government Council (Council) elections and if the official who has used the annual leave, it is necessary for him to election day shall be granted such leave: 1) parliamentary elections — up to two months;
2) the local Government Council (the Council) elections — up to one month.
34. article. The right to occupy the post of official of equivalent official who released from Office of officials due to conscription for compulsory military service or the election of the State or municipality institution, after the service, or the expiry of the mandate Administration provides the right to occupy the equivalent officials.
Chapter VII civil procedure article 35. Activities and outcomes of the official assessment of (1) the head of the institution shall establish the Evaluation Commission that assessed each year and its officials.
(2) the head of the Authority's operation and its result not less frequently than once every two years, assess the applicant and the Commission for the evaluation of civil servants, which the Cabinet of Ministers established the Minister establishes.
(3) the order of evaluation is determined by the Cabinet of Ministers.
(4) the result of the evaluation is used as the basis for the decision on granting the status of civil servants, the official's non-compliance with the transfer of title to the post, officials post qualification grades.
36. article. Officials of the posts and the qualification category (1) Officials of the posts are divided into the categories the posts. Post treatment of officials, as well as the qualifications and procedures for the determination of categories is determined by the Cabinet of Ministers.
(2) an official in the course of the civil service in his evaluation of activities and outcomes of the official posts within the category of qualifications qualifications. Officials of the posts and the determination of the degree of qualification procedures established by the Cabinet of Ministers.
37. article. Moving her to another position in the public interest (1) an official in the public interest can be transferred to other appropriate categories of qualification for a specified or unspecified period, determining the remuneration corresponding to the post category and degree of qualification, the same institution with the Authority's decision, but the head of another authority, the administrative decision of the Cabinet of Ministers.
(2) transferring a clerk at a certain time, they will be saved to the right to return to a previous or an equivalent post.
(3) transferring the official to another locality, he Cabinet in the order and the amount is reimbursed moving expenses.
(4) an official may waive the transfer to another institution or to another locality, if he has important reasons, which in each case shall assess and provide opinions.
(5) officials who have children up to three years of age, and pregnant women are not allowed to transfer to other areas without their consent.
38. article. Business travel (1) the official duties of a position may be sent on a business trip outside the regular place of business, the Cabinet of Ministers in the order to pay the expenses associated with it.
(2) the officials who have children up to one year of age, and pregnant women are not allowed to send the mission without their consent.
39. article. Removal from post duties (1) where in relation to the official as a security feature is suitable for detention or prosecution has been initiated against him, authorities can censure the official driver of job execution, stopping wage cost for future time from the date of suspension.
(2) If in this way the court clerk suspended recognised as guilty of the crime, pay the cost of removal of the time, and he is considered to be exempt from the suspension date. In the case of a suspended for condoning official paid pay for the time of suspension, unless there is no other basis for exemption laid down in that law.
(3) the head of the Authority suspended the official duties of the post, if in the cases stipulated by law requires duly authorized State body.
(4) the head of the authority, civil servants disciplinary measure in accordance with the procedure prescribed by law can censure the official duties of the Office of the disciplinary investigation.
(5) the authorities can censure the Minister heads, the Director of the State Chancellery of the Prime Minister.
40. article. The disciplinary responsibility of Officials in law no disciplinary action cases and in order to propose disciplinary officer, investigating it and apply disciplinary measure.
Article 41. Termination of public service in a civil relationship ends: 1) if the clerk with the driver, the driver with the Minister's authority, but the Director of the State Chancellery, with the Prime Minister's decision is released from the post: (a) civil servants) at the same election, b) for the expiry review, c) due to the checks fail, d) in compliance with the title post (for the head of the authority, in accordance with the third paragraph of article 14 of the rules) the e) due to non-compliance with the minimum requirements of an official, f) reaching the national retirement age, except for the abandonment of the official post by the head of the authority based on the Authority's order or the driver leaving the order of the Minister of the post is, g) due to the authority or official position of the liquidation or the reduction of the number of civil servants, h) due to the fact that he is not a permanent unfitness performed his duties for more than four months in a row the release of applying, i) as disciplinary measure, with entitlement to the other officials, j) due to the election of the State or municipality institution, k) due to conscription for compulsory military service, l) due to the judgment of the Court of Justice in criminal matters;
2) because of the official's death.
Article 42. Referral clerk, which is terminated by a civil relationship or who are moved, seconded by the leader of the authority shall refer the person to the post of enforcement related filing documents, materials, material values, writing, the transfer Act, and made settlements with authority.
43. article. Civil status description (1) marks on the progress of the civil service (decisions taken concerning official) the authority shall, in the course of civil servants description stored in the institution in which the official serves.
(2) an official shall have the right to consult his national civil service, a description of the course and receive a duplicate.
(3) the clerk of the course of civil authority in the cabinet order provides information to the Board who shall mark the uniform accounting system.
Transitional provisions

1. With the entry into force of this Act shall terminate the law "on State civil service" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1994, nr. 10; 1995, no. 12; 1996, 9, 14, 22; 1997, no. 9., no. 22; 2000, no. 5).
2. Within three months following the entry into force of this law, the head of the authority, in coordination with the Government, shall determine the civil servants posts and posts of officials according to the qualification categories.
3. the officials and servants of the candidates who occupy positions of officials who, after the entry into force of this law is no longer considered for the posts of officials, the head of the institution posts status change, notify in writing. If that person accepts, the head of the Authority entered into contracts of employment. In relation to such persons for one year after the conclusion of the contract of employment are applied this law, 24, 25, 30, 31 and 32 in article social guarantees. With an official or officials of the candidate who in the month following receipt of the notification does not agree to enter into a contract of employment, the staff regulations of the Authority's ceo terminated the relationship, paying him this law benefits referred to in article 27.
4. Six months after the entry into force of this law, other officials of the candidates in accordance with this law to occupy the position, administration officials granted official status.
5. This law, article 7, paragraph 3 shall also apply to officials and civil servants candidates this law enters into force under this Act takes the official position of this law article 3, referred to in the first subparagraph, the national regulatory authorities. Cabinet of Ministers shall lay down the procedure and time limits article 7 paragraph 3 of the application in respect of such persons.
6. in relation to the officials and servants of the candidates of this Act on the date of entry into force of this law, 3 plays in the first subparagraph of Article Manager in these institutions, this law, article 11, second paragraph, the deadline is counted from the date of entry into force of the law.
 
The law shall enter into force on 1 January 2001.
 
The Parliament adopted the law of 7 September.
 
President Vaira Vīķe-Freiberga V., Riga 2000 22 September