Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
29 March 2001 [shall come
into force on 20 April 2001];
20 June 2002 [shall come into force on 12 July
2002];
31 October 2002 [shall come into force on 27 November
2002];
15 May 2003 [shall come into force on 17 June
2003];
14 April 2005 [shall come into force on 10 May
2005];
14 September 2006 [shall come into force on 1 October
2006];
2 November 2006 [shall come into force on 10 November
2006];
24 May 2007 [shall come into force on 26 June
2007];
14 November 2008 [shall come into force on 8 December
2008];
12 December 2008 [shall come into force on 1 January
2009];
1 December 2009 [shall come into force on 1 January
2010];
25 February 2010 [shall come into force on 25 March
2010];
14 October 2010 [shall come into force on 1 December
2010];
29 May 2014 [shall come into force on 25 June
2014];
26 March 2015 [shall come into force on 22 April
2015];
23 November 2016 [shall come into force on 1 January
2017];
16 March 2017 [shall come into force on 11 April
2017];
21 June 2018 [shall come into force on 1 January
2019];
8 October 2020 [shall come into force on 2 November
2020];
2 June 2022 [shall come into force on 1 July 2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
State Civil Service Law
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of this Law is to determine the legal status of a
loyal to the Republic of Latvia and its Constitution,
professional and politically neutral State civil service which
ensures legal, stable, efficient and transparent operation of the
administration of the State.
[26 March 2015]
Section 2. Application of the
Law
(1) This Law determines the mandatory requirements to be set
for a candidate to a State civil service position (hereinafter -
the candidate), appointment to a civil service position and
dismissal from a civil service position, the duties, rights, and
service career path of a civil servant, and management in the
general State civil service.
(2) All the duties and rights determined by this Law as
regards a State civil servant (hereinafter - the civil servant)
shall apply to a candidate who is appointed to a civil servant
position.
(3) Chapter I, Section 4, Paragraph two, Clause 1, Chapter IV,
Section 22, Section 23, Section 37, Section 38, Paragraph three,
Section 39, and Section 40 of this Law shall apply to civil
servants of the specialised State civil service (Section 3,
Paragraph two). Other norms of this Law shall determine legal
relationship in the specialised State civil service insofar as
the special laws do not provide such.
(4) The norms of the laws and regulations governing employment
relationship which determine the principle of equal rights, the
prohibition of differential treatment principle, prohibition to
cause adverse consequences, the provisions for the representation
of employees and collective agreements, working time and rest
time, work remuneration, the financial liability of employees and
terms shall apply to the legal relationship of the State civil
service insofar as such are not provided by this Law.
[15 May 2003; 14 April 2005; 2 November 2006; 21 June 2018;
2 June 2022]
Section 3. Civil Servant
(1) The civil servant is a person who creates sectoral policy
or development strategy, coordinates the activity of a sector,
distributes or controls financial resources, draws up legal acts
or controls compliance therewith, prepares or issues
administrative acts, and prepares or takes other decisions
related to the rights of individuals in a State institution of
direct administration (hereinafter - the institution).
(2) The civil servant in the specialised State civil service
is a person who performs the functions referred to in Paragraph
one of this Section in the diplomatic and consular service, and
the State Revenue Service.
(3) The Prime Minister, ministers, ministers for special
assignments, deputy Prime Ministers (hereinafter - the
ministers), State ministers, office employees of the
aforementioned officials (assistants, advisers, press
secretaries) and parliamentary secretaries are not civil
servants.
(4) In the interests of the State, a professional service
soldier may be appointed to the civil servant position for a
specific period. A professional service soldier who holds the
civil servant position is not a civil servant, but Section 11,
Paragraph one, Chapters IV and V, Section 22, Clauses 2, 3 and 4,
Section 23, Sections 35, 38 and 42 of this Law shall apply to him
or her. The civil servant position which may be held by
professional service soldiers, the procedures for the performance
of work duties of the civil servant, the procedures for the
imposition of disciplinary sanctions and the procedures for the
disbursement of the allowances, supplements and compensatory
payments specified for professional service soldiers in the
Military Service Law shall be determined by the Cabinet.
(5) In the interests of the State, an official with a special
service rank of an institution of the system of the Ministry of
the Interior or Prison Administration may be appointed to a civil
servant position in the Ministry of the Interior, the Ministry of
Justice or the Ministry of Foreign Affairs (in diplomatic and
consular missions in foreign countries) for a definite period,
but not longer than for five years. An official with a special
service rank of an institution of the system of the Ministry of
the Interior or Prison Administration who holds a civil servant
position shall not be civil servant, but Section 11, Paragraph
one, Chapters IV and V, Section 22, Clauses 2, 3 and 4; Section
23, Sections 35, 38 and 42 of this Law shall apply to such
official. The procedures for the fulfilment of the civil servant
position, calculation of term of service and disciplinary
sanctioning shall be determined by the Cabinet.
(6) In the interests of the State, a judge of the
Constitutional Court may be appointed to a vacant civil servant
position without announcing a candidate competition within a year
after the end of the term of office if the person meets the
requirements specified for the position.
[20 June 2002; 31 October 2002; 15 May 2003; 14 April 2005;
14 September 2006; 1 December 2009; 26 March 2015; 23 November
2016; 16 March 2017; 21 June 2018; 8 October 2020]
Chapter II
Management of General State Civil Service
Section 4. Competence of
Institutions
(1) Institutions shall control the application of this Law and
other laws and regulations related to the field of the State
civil service in relation to the activities of civil servants
subordinated to the institution, including:
1) to revoke decisions by subordinated civil servants in the
field of the State civil service and to instruct them to
eliminate the established violations;
2) to initiate and to investigate disciplinary matters and to
impose disciplinary sanctions, and also to examine complaints of
civil servants on imposed disciplinary sanctions in the cases and
in accordance with the procedures laid down by law;
3) to examine complaints on candidate competition.
(2) The State Chancellery shall:
1) develop and coordinate the development policy of the State
civil service;
2) coordinate the career development of civil servants;
3) harmonise the positions of civil servants;
4) ensure the selection of the heads of the institution,
except for the case referred to in Section 37 of this Law.
(3) [1 December 2009]
[14 November 2008; 1 December 2009; 29 May 2014 / Paragraph
two, Clause 4 shall come into force on 1 September 2015. See
Paragraph 19 of Transitional Provisions]
Section 5. Latvian School of Public
Administration
(1) The Latvian School of Public Administration is a state
administrative institution under the supervision of the State
Chancellery which implements State policy in the field of
educating civil servants in order to prepare highly professional
civil servants.
(2) The functions of the Latvian School of Public
Administration are as follows:
1) to develop civil servant training programmes in accordance
with the State Chancellery remit for the current year;
2) to co-ordinate and ensure the civil servant training
process;
3) to formulate drafts of legal acts, conceptual matters,
reports, programmes and other documents related to the training
of civil servants.
[15 May 2003]
Chapter III
Appointment to Civil Servant Position
Section 6. Civil Servant
Positions
(1) The head of the institution shall, based on the duties to
be performed in the position, determine the civil servant
positions at the institution by agreeing on them with the State
Chancellery.
(2) Within the meaning of this Law, the State secretary of a
ministry shall be considered as the head of an institution.
[14 November 2008]
Section 7. Mandatory Requirements
for Candidates
(1) A person who meets the following requirements may
candidate for the position of the civil servant:
1) is a citizen of the Republic of Latvia;
2) is fluent in the Latvian language;
3) has a higher education;
4) has not reached the age of retirement determined by
law;
5) has not been convicted of deliberate criminal offences, or
has been rehabilitated, or for whom the conviction has been set
aside or extinguished;
6) has not been prohibited from taking up the civil servant
position due to a sanction imposed in a disciplinary,
administrative offence or criminal case;
7) whose legal capacity has not been restricted by a
court;
8) is not or has not been in a permanent staff position in the
State security service, intelligence or counter-intelligence
service of the U.S.S.R., the Latvian SSR or a foreign
country;
9) is not or has not been a participant in organisations
prohibited by law or by a court ruling;
10) [21 June 2018];
11) [21 June 2018].
(11) Paragraph one, Clause 4 of this Section shall
not apply to the person who is a candidate for a civil servant
position that is vacant for a definite period.
(2) Persons who are candidates for a civil servant position
shall be liable for the veracity of the documents submitted and
the information included therein in accordance with procedures
laid down by laws.
[14 September 2006; 14 November 2008; 21 June 2018]
Section 8. Candidate Competitions
for Vacant Civil Servant Positions
(1) An open candidate competition for civil servant positions
shall be announced by the relevant institution on the vacancy
portal of the State Employment Agency.
(2) When announcing the competition, the requirements
specified for a candidate for the civil service based on the
relevant job description, the term for applying, the place for
lodging submissions, and also whether a person who has reached
the age of retirement laid down in law (Section 7, Paragraph
1.1) may be a candidate for the relevant position
shall be indicated.
(3) The time period for the application by candidates shall
run from the date of the announcement of the competition and this
period may not be shorter than 10 days and longer than 30
days.
(4) An open candidate competition for a vacant civil servant
position is not required to be announced:
1) if State civil service relations with the candidate who has
been appointed to a civil servant position are terminated within
a month after appointing and a candidate who has been recognised
in the competition as the next candidate who meets the
requirements set out in the description of a civil servant
position the most is recommended to the head of the institution
by the commission for assessment of candidates and civil servants
for appointing to a civil servant position;
2) if another vacant civil servant position with identical job
description emerges during the candidate competition and the next
candidate who has obtained the highest evaluation in an open
candidate competition is recommended to the head of the
institution by the commission for the assessment of candidates
and civil servants for appointing to a civil servant
position;
3) in other cases specified in this Law, except when the head
of the institution, the director of the State Chancellery, or the
head of the Cross-Sectoral Coordination Centre is dismissed from
a civil servant position on the basis of a mutual agreement.
[15 May 2003; 29 May 2014; 21 June 2018; 2 June
2022]
Section 9. Examination of the
Suitability of Candidates for Civil Servant Positions
(1) The suitability of candidates for a vacant civil servant
position shall be assessed by a commission for the assessment of
candidates and civil servants which shall be established:
1) for a competition for a position of the head of the
institution - by the relevant minister;
2) for competitions for other civil servant positions - by the
head of the relevant institution.
(2) The conformity of a candidate to the requirements set out
in the job description for a vacant civil servant position shall
be evaluated by complying with the criteria for the examination
of the relevant civil servant position which shall be
determined:
1) for the head of the institution position - by a minister,
agreeing thereupon with the State Chancellery;
2) for other civil servant positions - by the relevant
institution.
(21) The procedures for planning the selection of
the heads of the institution, determining the requirements and
assessing the candidates shall be laid down by the Cabinet.
(3) A commission for the assessment of candidates and civil
servants shall select one or more candidates who best meet the
requirements set out in the job description for the vacant civil
servant position and, giving reasons for their choice, shall
recommend them:
1) to the Prime Minister - for appointment to the position of
the director of the State Chancellery and the head of the
Cross-Sectoral Coordination Centre;
2) to a minister - for appointment to the position of the head
of the institution;
3) to the head of the relevant institution - for appointment
to other civil servant positions.
(4) The relevant official referred to in Paragraph three of
this Section shall assess a recommendation of the commission for
the assessment of candidates and civil servants and take the
decision to appoint a candidate to the position.
(5) The relevant institution shall publish the decision of the
official referred to in Paragraph three of this Section to
appoint a candidate to the position on the vacancy portal of the
State Employment Agency within five days from the date of taking
the decision.
(6) If candidates have received an equal assessment,
preference to take up the civil servant position shall be given
to the person who has been dismissed from a civil servant
position:
1) due to the liquidation of the institution or civil servant
position;
2) [14 November 2008].
(7) A candidate has the right to become acquainted with the
recommendations of the commission for the assessment of
candidates and civil servants and the decisions of the official
referred to in Paragraph three of this Section. The candidate has
the right to contest the decision of the relevant official to a
higher institution or to appeal before a court in accordance with
the procedures laid down in the Administrative Procedure Law if
there is no higher institution or this institution is the Cabinet
or Prime Minister.
[15 May 2003; 14 September 2006; 14 November 2008; 29 May
2014; 21 June 2018; 2 June 2022]
Section 10. Repeated Candidate
Competitions
A repeated candidate competition shall be announced if:
1) no candidate has applied for the competition;
2) according to the decision of the commission for the
assessment of candidates and civil servants, no candidate has
professional training corresponding to the requirements specified
in the job description for the civil servant position;
3) no candidate of the candidates recommended by the
commission for the assessment of candidates and civil servants is
found to be suitable for the relevant position by the relevant
official referred to in Section 9, Paragraph three of this
Law.
Section 11. Appointing a Candidate
or Civil Servant to a Position
(1) The head of the institution shall, by an order, appoint a
candidate or civil servant to a position for an indefinite term.
A candidate or civil servant may be appointed to a civil servant
position for a definite term, indicating the civil service
circumstances for this determination.
(2) In appointing a candidate or civil servant to a position,
information on his or her rights, working time, the conditions of
and procedures for the determination and disbursement of
remuneration laid down in the institution, the collective
agreement entered into, if any, the conditions of and procedures
for the termination of civil service relations, and also
information on the making of mandatory State social insurance
contributions shall be provided. The institution has an
obligation to inform the candidate or civil servant of changes in
the provided information.
(3) The minister shall appoint a candidate or civil servant to
a position of the head of the institution for a term of five
years. The director of the State Chancellery and the head of the
Cross-Sectoral Coordination Centre shall be appointed for five
years by the Prime Minister. The same person may be the head of
the institution, the director of the State Chancellery, or the
head of the Cross-Sectoral Coordination Centre for not more than
two successive terms. If, after the expiry of the second term,
six months or less remain for the head of the institution, the
director of the State Chancellery, or the head of the
Cross-Sectoral Coordination Centre until reaching the age of
retirement determined in the State, he or she may hold the
position of the head until reaching such age. Six months prior to
the end of the term, the minister or the Prime Minister
respectively shall take the decision to extend the term, to
transfer to another position in the interests of the State in
conformity with that laid down in Section 37 of this Law, or to
dismiss from the position due to end of the term, informing the
person in relation to whom the decision has been taken.
(4) The relevant official referred to in Paragraph three of
this Section shall appoint a candidate or civil servant to the
position of a State secretary of a ministry, the head of the
Secretariat of the Minister for Special Assignments, the head of
the Secretariat of a Deputy Prime Minister, the director of the
State Chancellery, the head of the Cross-Sectoral Coordination
Centre and the head of the institution under supervision thereof
after approval by the Cabinet. A candidate or civil servant for
whom a term of probation has been determined shall be appointed
to the abovementioned position but approval of his or her
appointment to the position shall be decided by the Cabinet.
(5) In appointing a candidate or civil servant to a position,
the head of the institution or the relevant official referred to
in Paragraph three of this Section may determine a term of
probation which may not exceed six months.
[2 June 2022]
Section 12. Examination of
Documents
(1) The institution has the right to examine whether the
restrictions referred to in this Law apply to a candidate
appointed to a civil service position in accordance with the
competition procedures or to a civil servant.
(2) If the institution discovers that any of the restrictions
referred to in this Law applies to the relevant candidate, it
shall dismiss the candidate from the civil servant position due
to the non-conformity with the mandatory requirements for a civil
servant.
[14 November 2008; 21 June 2018]
Section 13. Pledge of Civil
Servant
(1) Upon commencing the performance of the work duties of the
civil servant, a candidate who is appointed to the civil servant
position for the first time shall give and sign the following
pledge:
"I pledge to be honest and fair, loyal to the independent and
democratic Republic of Latvia, to perform the work duties in
accordance with the Constitution of the Republic of Latvia,
international agreements, the laws and the decisions of the
Government and to serve the general interests of the public in
order to ensure that the activities of State administration are
lawful, efficient and transparent."
(2) The pledge shall be accepted by the head of an
institution. The pledge of the head of an institution shall be
accepted by a minister. The pledge of the director of the State
Chancellery and the head of the Cross-Sectoral Coordination
Centre shall be accepted by the Prime Minister.
[29 May 2014]
Section 14. Granting the Status of
Civil Servant
(1) The suitability for work in the civil service of a
candidate appointed to a civil servant position for the first
time shall be assessed in accordance with the procedures laid
down in this Law not later than one week before the end of his or
her term of probation.
(2) If the assessment is positive, the head of the institution
shall grant the status of civil servant to the candidate. If the
assessment is negative and the term of probation has not been
passed, the head of the institution shall dismiss the candidate
from the civil servant position.
(3) [2 June 2022]
[14 November 2008; 29 May 2014; 2 June 2022]
Chapter IV
General Duties of Civil Servants
Section 15. Basic Duties of Civil
Servant
(1) The civil servant shall have the following basic
duties:
1) to comply with the Constitution, the norms of international
law binding on Latvia, and laws and other legal acts;
2) to be loyal to the Republic of Latvia and its Constitution
irrespective of his or her political convictions and to maintain
political neutrality. In conformity with the principle of
political neutrality a civil servant of the State civil service
while fulfilling his or her duties shall be guided by
professional criteria only and shall not depend on the political
influence;
3) to conscientiously, showing personal initiative and acting
in the public interest, perform the work duties, the lawful
orders of supervisors, to be liable for his or her actions in
accordance with the procedures prescribed by legal acts and to
comply with the principles of conduct for the civil servant
prescribed by the Cabinet.
(2) During and outside of the performance of work duties, the
civil servant may not through his or her actions discredit
himself or herself, the institution and the State.
[25 February 2010; 26 March 2015]
Section 16. Duty to be Responsible
for the Lawfulness of One's Actions or Failure to Act
(1) While performing the work duties, the civil servant shall
be responsible for the lawfulness of his or her actions or
failure to act. If the civil servant is in doubt as to the
lawfulness of a task, his or her duty shall be to refuse to
perform such task, notifying in writing the official who has
assigned the task thereof.
(2) The civil servant has the right to contest the order or
task received by submitting a complaint to the next higher
official who respectively revokes the order or task, maintains it
effective or issues a new order or task. The head of the
institution, the director of the State Chancellery, and the head
of the Cross-Sectoral Coordination Centre have the right to
address the Ombudsman with a request to evaluate the conformity
of the order or task with the principle of good administration.
The opinion of the Ombudsman shall be examined by the
Cabinet.
[14 November 2008; 2 June 2022]
Section 17. Restrictions on
Entrepreneurial Activity, Obtaining Income, Combination of
Positions and Performance of Work, and Other Restrictions
Restrictions on entrepreneurial activity, obtaining income,
combination of positions and performance of work, as well as
other restrictions relating to such and the duties of civil
servants shall be determined by the law On Prevention of Conflict
of Interest in Activities of Public Officials.
[15 May 2003]
Section 18. Expressing the Official
Opinion of the Institution
The civil servant may only express the official opinion of the
institution with the authorisation of the head of the
institution.
Section 19. Obligation to Improve
Qualifications
The civil servant has the obligation to regularly supplement
his or her knowledge and to improve the professional skills and
abilities necessary for the performance of work duties.
Chapter V
Work Duties of Civil Servants
Section 20. Determination of the
Work Duties of Civil Servants
(1) Work duties of the civil servant shall be determined in a
job description. The procedures for the formulation of job
descriptions for civil servant positions shall be prescribed by
the Cabinet.
(2) When the civil servant commences performance of the work
duties or changing the scope of work duties entrusted to him or
her, the relevant work duties of the civil servant shall be
determined in the job description for the civil servant position
- by the head of an institution, in the job description for the
head of an institution - by a minister, but in the job
description of the director of the State Chancellery and the head
of the Cross-Sectoral Coordination Centre - by the Prime
Minister.
(3) The civil servant shall sign a job description, certifying
that he or she has acquainted himself or herself with it.
[29 May 2014]
Section 21. Replacement of an Absent
Civil Servant or Performance of the Work Duties of a Vacant Civil
Servant Position
The head of the institution may temporarily assign performance
of the work duties of an absent civil servant or the duties of a
vacant civil servant position to other civil servants, in
addition to the direct duties of their position.
Chapter VI
Rights of Civil Servants
Section 22. General Rights of Civil
Servants
The civil servant has the following general rights:
1) to a permanent civil service unless otherwise provided by
this Law;
2) to perform the State administration functions within the
scope of competency determined for the position;
3) in the cases provided for by legal acts, to request and
receive from any natural or legal person the information
necessary for the performance of work duties;
4) to the provision of appropriate conditions for the
performance of work duties;
5) to apply for vacant civil servant positions;
6) to take part in training programmes to acquire the
knowledge and skills necessary for the performance of work
duties.
[14 April 2005]
Section 23. Compensation
The civil servant shall receive remuneration that is
determined in conformity with the Law on Remuneration of
Officials and Employees of State and Local Government
Authorities.
[1 December 2009]
Section 24. Allowances in Case of
Injury of Civil Servant and in Case of Death of Civil Servant or
His or Her Family Member
[1 December 2009]
Section 25. Allowance in the Case of
Birth of a Child
[1 December 2009]
Section 26. Compensation to Cover
Travel Expenses
[1 December 2009]
Section 27. Allowance in Connection
with Dismissal from Position
[1 December 2009]
Section 28. Supplement for the
Performance of Additional Duties
[1 December 2009]
Section 29. Supplement for the
Performance of Work Duties under Circumstances of Increased Work
Intensity
[14 November 2008]
Section 30. Improving Qualifications
and Covering Training Costs
[1 December 2009]
Section 31. Annual Leave
[1 December 2009]
Section 32. Study Leave
[1 December 2009]
Section 33. Leave without Pay
[1 December 2009]
Section 34. Rights to Hold an
Equivalent Civil Servant Position
(1) If it is provided for in law, the institution shall ensure
for the civil servant who is dismissed from a civil servant
position due to his or her election to office in a State or local
government institution, to hold an equivalent civil servant
position after the end of the term of office.
(2) If the State civil service relations with a civil servant
are terminated pursuant to Section 41, Clause 1, Sub-clause "n"
of this Law, within one year after the termination of employment
relationship in the relevant organisation or a Member State
institution of such organisation, the institution has the right
to ensure the previous or equivalent position without announcing
an open candidate competition if there is a vacant position and
the person meets the specified requirements. In addition to the
abovementioned, the inclusion of the civil servant at the
disposal of the Ministry of Foreign Affairs or under supervision
of the Ministry of Foreign Affairs shall be determined by the
Diplomatic and Consular Service Law.
[24 May 2007; 14 November 2008; 25 February 2010; 14
October 2010]
Chapter VII
Course of State Civil Service
Section 35. Activities of Civil
Servants and Assessment of their Results
(1) The activities of the civil servant and the results
thereof shall be assessed each year by the direct manager or an
assessment commission established by the head of the
institution.
(2) The commission which shall be established by the relevant
member of the Cabinet in accordance with the procedures
stipulated by the Cabinet shall assess the activities of the head
of the institution and their results not less often than once
every two years. The head of the institution shall be evaluated
at the end of the term of probation, if such has been determined,
in regular evaluation and before taking the decision specified in
Section 11, Paragraph three of this Law.
(3) The assessment procedures shall be prescribed by the
Cabinet.
(4) Results of an assessment shall be used as a basis to
decide on granting the status of civil servant, non-suitability
of the civil servant to a position held, transfer to another
position, and conferring of civil service qualification
grades.
[14 April 2005; 29 May 2014; 2 June 2022]
Section 36. Classification of Civil
Servant Positions and Civil Servant Qualification Grades
[1 December 2009]
Section 37. Transfer to Another
Position in the Interests of the State
(1) In order to ensure good administration, especially the
efficient fulfilment of the tasks of the civil service and the
public trust of the civil service, as well as to promote an
increase in the qualifications of a civil servant, a civil
servant may, without the announcement of open candidate
competition and justifying the admissibility and usefulness of
the transfer, be transferred to any other civil servant position
for a definite or an indefinite term, in the same or another
institution. The basis of the transfer may also be a justified
request by the civil servant.
(11) The civil servant who is performing his or her
work duties at the Ministry of Defence or at an institution
subordinate thereto, in the interests of the State and for a
period which does not exceed five years, may be transferred to
the National Armed Forces to hold the position of a professional
service soldier by assigning to him or her the performance of
certain work duties of a soldier that are not related to the
status of a professional service soldier. The positions of
professional service soldiers which can be held by civil
servants, the procedures for the fulfilment of the duties of a
professional service soldier, the procedures for determining the
remuneration and disbursement thereof and officials entitled to
impose a disciplinary sanction shall be laid down by the
Cabinet.
(2) The civil servant shall be transferred to another position
in the same institution by a decision of the head of such
institution or a minister, to another institution subordinated to
the minister - by a decision of a minister, and to another
institution subordinated to another minister - by a decision of
such minister to the subordination institution whereof the civil
servant is transferred. If the institution is reorganised by a
decision of the Cabinet, then the civil servants shall be
transferred to another position in another institution with the
decision of the head of the institution which takes over
obligations, or by a decision of the relevant minister.
(21) The decision on transferring the civil servant
to the position of a State secretary of a ministry, the head of
the Secretariat of the Minister for Special Assignments, the head
of the Secretariat of a Deputy Prime Minister, the director of
the State Chancellery, the head of the Cross-Sectoral
Coordination Centre, and the head of the institution under
supervision thereof, or on transferring the abovementioned
official to another position shall be taken by the official
referred to in Section 11, Paragraph three of this Law on the
basis of a Cabinet decision.
(3) When transferring the civil servant, his or her point of
view shall be evaluated. When transferring the civil servant to
another institution, also the point of view of the institution
from which and to which the civil servant may be transferred
shall be evaluated.
(4) When transferring the civil servant to another civil
servant position in which a lower monthly wage than the previous
is determined, the monthly wage of the previous position, the
permanent supplements determined in laws and regulations which
are related to service, and social guarantees, and also the
service ranks specified in the specialised civil service, except
when the civil servant is transferred if the institution or the
civil servant position is being liquidated, the number of civil
servants is reduced, a decision on the non-suitability of the
civil servant to the position held is taken, and also upon
request of the civil servant, shall be retained for the civil
servant for a year. The institution shall, after a year, review
the monthly wage of the transferred civil servant in accordance
with the laws and regulations and the work remuneration system
determined in the institution. The civil servant who is
transferred to the position of a professional service soldier is
entitled to receive only such social guarantees that may be
granted to civil servants.
(5) When transferring the civil servant to another position
for an specific period, his or her right to return to the
previous position or an equivalent position shall be
retained.
(6) [1 December 2009]
(7) Civil servants who have children up to three years of age,
and pregnant women are not permitted to be transferred to another
populated place without their consent.
(8) There is a right to apply a disciplinary sanction for a
disciplinary violation, which was committed in previous civil
servant positions to a civil servant who is transferred to
another position.
[15 May 2003; 14 April 2005; 14 September 2006; 14 November
2008; 1 December 2009; 16 March 2017; 21 June 2018; 2 June
2022]
Section 37.1 Appointment
for Service in an International Organisation in the Interests of
the State
The civil servant may, upon his or her consent,be appointed
for service for a definite period of time in the interests of the
State in an international organisation where the Republic of
Latvia is a Member State or with which the Republic of Latvia
collaborates, or in a Member State institution of such
organisation abroad. In such case the right to hold the previous
or equivalent position shall be provided to a civil servant after
his or her return. A State institution which appointed the civil
servant is entitled to withdraw him or her.
[14 October 2010; 16 March 2017]
Section 38. Official Travel
(1) Civil servants may be sent on official travel for the
performance of work duties outside their permanent service
locations; they shall be compensated for expenses related thereto
in accordance with the procedures prescribed by the Cabinet.
(2) Civil servants who have children under one year of age,
pregnant women, and women who are breastfeeding a child may not
be sent on official travel without their consent.
(3) The assignment of the civil servant or a professional
service soldier who is appointed to a civil servant position to
work in institutions referred to in Section 37.1 of
this Law shall not be deemed to be official travel within the
meaning of this Section.
[14 April 2005; 14 October 2010; 2 June 2022]
Section 39. Suspension from the
Performance of Work Duties
(1) The head of the institution may suspend the civil servant
from the performance of work duties, suspending the disbursement
of the work remuneration for the period subsequent to the date of
suspension if criminal prosecution has been initiated against the
civil servant.
(2) The head of the institution shall suspend the civil
servant from the performance of work duties if detention has been
imposed as a security measure on the civil servant or if it is
requested by an accordingly authorised State authority in the
cases specified in the law, and the disbursement of the work
remuneration shall be suspended for the period subsequent to the
date of suspension.
(3) If a public prosecutor, by drawing up a penal order, or a
court finds the civil servant referred to in Paragraph one or two
of this Section guilty of committing a criminal offence, the work
remuneration for the period of suspension shall not be disbursed
and he or she shall be regarded as dismissed from and after the
day of suspension. If the dismissed civil servant is acquitted or
criminal proceedings against him or her are terminated with a
rehabilitating decision, the work remuneration for the period of
suspension shall be disbursed to the dismissed civil servant. The
work remuneration not disbursed in the case referred to in
Paragraph one of this Section shall be disbursed by the
institution, calculating the amount of payment in accordance with
the procedures laid down in the Law on Compensation for Damage
Caused in Criminal Proceedings and Administrative Offence
Proceedings. The work remuneration not received in the case
referred to in Paragraph two of this Section shall be disbursed
in accordance with the procedures laid down in the Law on
Compensation for Damage Caused in Criminal Proceedings and
Administrative Offence Proceedings.
(4) The head of the institutions has the right to temporarily,
however for not longer than a month, suspend the civil servant
from the performance of wok duties, suspending the disbursement
of the work remuneration for the period subsequent to the date of
suspension if, while performing the work duties, the civil
servant is under the influence of alcohol, narcotic, or toxic
intoxication, and also in other cases when non-suspension of the
civil servant from the performance of work duties may harm the
safety and health himself or herself or third parties or the
public interests. If the suspension of the civil servant has been
unjustified, the work remuneration for the period of suspension
shall be disbursed to the civil servant.
(5) The head of the relevant institution, a minister, or the
Prime Minister may temporarily, however for not longer than until
commencement of the enforcement of a disciplinary penalty,
suspend a civil servant from the performance of work duties,
retaining the monthly wage, social guarantees, the permanent
supplements laid down in laws and regulations related to the
service, and also the service ranks laid down in the specialised
civil service.
(6) The head of the institution may be suspended by a
minister, but the director of the State Chancellery and the head
of the Cross-Sectoral Coordination Centre - by the Prime
Minister.
[2 June 2022]
Section 40. Disciplinary
Liability
Civil servant disciplinary liability shall be determined by
the Law on Disciplinary Liability of State Civil Servants. In
addition to that specified in the referred to law, the Prime
Minister is entitled to propose, take over and examine any
disciplinary matter and him or herself apply a disciplinary
sanction using the rights, which are provided for the higher
institution of the institution in which the civil servant fulfils
the State civil service.
[14 September 2006 / See Transitional Provisions]
Section 41. Termination of State
Civil Service Relations
(1) The State civil service relations shall be terminated:
1) if the civil servant is dismissed from his or her civil
servant position by a decision of the head of the institution,
but the head of the institution by a decision of a minister, and
the director of the State Chancellery and the head of the
Cross-Sectoral Coordination Centre by a decision of the Prime
Minister:
a) of his or her own free will;
b) in connection with the expiry of his or her term;
c) in connection with their failure to pass probation;
d) in relation to non-conformity with the position held;
e) in relation to non-conformity to the mandatory requirements
for a civil servant;
f) reaching the age of retirement determined by the State,
except for the case referred to in Paragraph two of this
Section;
g) in connection with liquidation of the institution, or civil
service staff reduction;
h) in connection with the fact that due to temporary
incapacity for work he or she has failed to perform work duties
more than four successive months or for more than six months in
the period of one year, if incapacity for work has repeated with
interruptions by excluding from this period pregnancy and
maternity leaves and also the period of incapacity if incapacity
for work has been caused by a pregnancy, an accident at work or
an occupational disease;
i) where dismissal from the civil service position is applied
as a disciplinary sanction;
j) in connection with election to office in a State or local
government institution;
k) [24 May 2007];
l) in connection with a court judgment or a prosecutor's penal
order in a criminal case;
m) in connection with the fact that work duties cannot be
performed due to the state of health and this is certified by a
conclusion of a doctor;
n) on a voluntary basis due to the performance of work duties
in an international organisation where the Republic of Latvia is
a Member State or with which the Republic of Latvia collaborates,
or in a Member State institution of such organisation;
2) in connection with the death of the civil servant;
3) on the basis of mutual agreement certified by written
consent.
(2) If the civil servant has reached the age of retirement
determined by the State, the head of the institution or a
minister is entitled to take a substantiated decision to maintain
the civil servant in the position for a definite period of time,
but not longer than for two years. The relevant period of time
may be extended.
(3) In terminating State civil service relations upon proposal
of the institution, the civil servant shall be warned in writing
within the following periods of time:
1) without delay, if State civil service relations are
terminated on the basis of that laid down in Paragraph one,
Clause 1, Sub-clause "e", "l", or "m" of this Section;
2) three working days in advance, if State civil service
relations are terminated on the basis of that laid down in
Paragraph one, Clause 1, Sub-clause "c", "d", "h", or "i" of this
Section;
3) two weeks in advance, except for the case referred to in
Section 11, Paragraph three of this Law, if State civil service
relations are terminated on the basis of that laid down in
Paragraph one, Clause 1, Sub-clause "b" of this Section;
4) one month in advance, if State civil service relations are
terminated on the basis of that laid down in Paragraph one,
Clause 1, Sub-clause "f" or "g" of this Section.
(4) During probationary period State civil service relations
shall be, upon request of a civil servant, terminated within
three working days. In other cases, State civil service relations
shall be terminated, upon proposal of the civil servant, not
later than a month after receipt of the submission of the civil
servant.
(5) In the case referred to in Paragraph one, Clause 2 of this
Section, State civil service relations shall end at the time of
death of the civil servant.
(6) State civil service relations may be terminated on the
basis of the mutual agreement provided for in Paragraph one,
Clause 3 of this Section which has been entered into by and
between a minister and the head of the institution or by and
between the Prime Minister and the director of the State
Chancellery and the head of the Cross-Sectoral Coordination
Centre not earlier than six months after commencement of
cooperation.
(7) The decision to dismiss the head of the institution from
office shall be taken by a minister, but in regard to the
director of the State Chancellery and the head of the
Cross-Sectoral Coordination Centre - by the Prime Minister. The
decision to dismiss a State secretary, the head of the
Secretariat of the Minister for Special Assignments, the head of
the Secretariat of a Deputy Prime Minister, the director of the
State Chancellery, the head of the Cross-Sectoral Coordination
Centre, and the head of a subordinate institution shall be taken
by the relevant official on the basis of a Cabinet decision,
except for the case if civil service relations are terminated on
the basis of Paragraph one, Clause 1, Sub-clause "a" or Clause 3
of this Section.
[14 September 2006; 24 May 2007; 25 February 2010; 14
October 2010; 29 May 2014; 21 June 2018; 2 June 2022]
Section 42. Transfer of Matters
The civil servant with whom State civil service relations have
been terminated or who is transferred to another position shall
hand over all the official documents, materials and property
related to his or her position to a person designated by the head
of the institution, drawing up a deed of receipt and transfer,
and settle accounts with the institution.
Section 43. Statement on the State
Civil Service
(1) Upon written request of the civil servant or a person with
whom the State civil service relations have been terminated or
upon request of a State or local government institution for the
fulfilment of the functions thereof, the institution has an
obligation to issue a written statement on the duration of the
State civil service of the civil servant, the work duties
performed, deducted taxes, making the State social insurance
mandatory contributions and basis for the termination of the
State civil service relations.
(2) The statement shall include the requested information that
can be justified by the institution with documents present in the
record-keeping or archives thereof.
[21 June 2018]
Transitional Provisions
1. With the coming into force of this Law, the Law On the
State Civil Service is repealed (Latvijas Republikas Saeimas
un Ministru Kabineta Ziņotājs, 1994, No. 10; 1995, No. 12;
1996, No. 9, 14, 22); 1997, No. 9, 22; 2000, No. 5).
2. [14 November 2008]
2.1 Up to 1 January 2007, the director of a State
agency shall determine the civil service positions in the State
agency according the procedures specified by law. The director of
the State agency shall, not later than by 1 January 2007, notify
in writing an employee who in the State agency holds a position
which is specified as a civil servant position regarding a change
in the status of the position and shall warn him or her of the
termination of employment relationship and the commencement of
State civil service relations. If the employee after receipt of
the notification does not agree to hold a civil servant position
and the State agency cannot offer him or her another position,
which is not a civil servant position, or he or she does not
consent to take up another offered position, the director of the
State agency shall terminate employment legal relations with the
employee from 1 February 2007. An employee who after receipt of
the notification agrees to take up the civil servant position and
who conforms to the mandatory requirements specified in Section 7
of this Law shall, from 1 February 2007, be appointed to the
civil servant position and not later than by 1 March 2007 civil
servant status shall be granted to him or her. In relation to an
employee of the agency who agrees to take up the civil servant
position and who does not have a higher education, the
requirement referred to in Section 7, Paragraph one, Clause 3 of
this Law regarding a higher education shall be applied from 1
November 2013. If the civil servant referred to in this Paragraph
has not commenced studies in a higher education institution, he
or she shall, by 1 October 2008, commence such studies and shall
submit to the director of the agency a statement issued by the
higher education institution on the commencement of such studies.
The civil servant referred to in this Paragraph who is studying
in a higher education institution shall, each year by 15 October,
submit to the director of the agency a statement issued by the
higher education institution on the successful continuation of
studies. The civil servant who, in the period specified in this
Paragraph, has not commenced studies in a higher education
institution or does not continue studies (has not submitted a
statement on the successful continuation of studies) shall be
dismissed from the civil servant position in the State agency due
to non-conformity with the mandatory requirements for a civil
servant. If six or less years remain for the civil servant
referred to in this Paragraph until reaching the age specified
for the granting an old-age pension, he or she may hold a civil
servant position also without the acquisition of a higher
education.
[14 September 2006]
3. Heads of institutions shall notify, in writing, civil
servants and civil servant candidates holding civil service
positions which after coming into force of this Law are not to be
regarded as civil servant positions, of the change in status of
the positions. If the persons referred to agree, the head of the
institution shall enter into an employment contract with them.
The social benefits prescribed by Sections 24, 25, 30, 31 and 32
of this Law shall apply to such persons one year after entering
into the employment contract. The head of the institution shall
terminate civil service relations with a civil servant or a civil
servant candidate who within a one-month period of receipt of the
notification does not agree to enter into an employment contract,
paying to him or her the allowance referred to in Section 27 of
this Law.
4. [14 November 2008]
5. Section 7, Clause 3 of this Law shall also apply to civil
servants and civil servant candidates who, as of the date of
coming into force of this Law, in accordance with this Law hold a
civil service position in the State administrative institutions
referred to in Section 3, Paragraph one of this Law. The Cabinet
shall determine the procedures and time periods for the
application of Section 7, Clause 3 with respect to the
aforementioned persons.
6. The term prescribed in Section 11, Paragraph two, with
respect to civil servants and civil servant candidates who on the
day of coming into force of this Law hold the position of head of
a State administrative institution referred to in Section 3,
Paragraph one of this Law, shall be calculated from the day of
the coming into force of this Law.
7. Until 1 January 2010, a civil service position in the State
Forestry Service may be held by a person who has a professional
secondary education in conformity with the requirements of the
position.
[29 March 2001]
8. Section 36, Paragraph one of this Law shall be in force
until 31 December 2005.
[14 April 2005]
9. Amendments to Section 23, Paragraph one and Section 36,
Paragraph two of this Law shall come into force on 1 January
2006.
[14 April 2005]
9.1 The new wording of Section 40 of this Law shall
come into force simultaneously with the Law on Disciplinary
Liability of State Civil Servants.
[14 September 2006]
10. Until 31 December 2005, a civil servant shall receive a
monthly wage in conformity with Cabinet Regulation No. 959 of 23
November 2004, Regulations Regarding Civil Service and Direct
Administration Institution Employee Work Remuneration,
Qualification Grades and Civil Service Allowances.
[14 April 2005]
11. Until 31 December 2005 a specialised civil service civil
servant in the State Revenue Service shall receive a monthly wage
in conformity with Cabinet Regulation No. 220 of 28 May 2002,
Regulations regarding the Work Remuneration System for Civil
Servants and Employees of the State Revenue Service.
[14 April 2005]
12. Specialised civil service civil servants who hold a
position in the State Police, Security Police, Ministry of the
Interior Communications Centre, Ministry of the Interior
Information Centre, State Border Guard, State Fire-Fighting and
Rescue Service and the Prison Administration from 1 October 2006
shall be deemed to be officials with special service ranks in
Ministry of the Interior institutions or in the Prison
Administration, and from 1 October 2006 State civil service
relations shall be terminated. Until 31 December 2006, the
abovementioned officials shall preserve the rights referred to in
Section 22, Clause 1 of this Law and in relation to them Section
37 of this Law may be applied.
[14 September 2006]
13. In terminating State civil service relations in accordance
with Paragraph 12 of the Transitional Provision of this Law,
Section 27 of this Law shall not be applied.
[14 September 2006]
14. The State Civil Service Administration shall, by 15
February 2008, complete or transfer all matters in the
record-keeping thereof to institutions in conformity with the
competence laid down in Section 4 of this Law. Pending matters or
matters which are not within the scope of competence of any of
the institutions referred to in Section 4 of this Law shall be
examined by the State Chancellery and a decision in relevant
matters shall be taken by the director of the State Chancellery,
whereas in matters related to civil servants who hold an office
in the State Chancellery - by the Prime Minister. Disciplinary
matters the examination of which have not been completed by the
State Civil Service Administration shall be examined and the
decision in such matters shall be taken by the Prime Minister or
they shall be transferred for examination and taking the decision
to another higher State administrative institution.
[14 November 2008]
15. The State Civil Service Administration shall transfer the
unified record system of the personnel and persons who have
terminated their civil service relations and who have the status
of a civil servant to the Ministry of Finance by 15 December
2008.
[14 November 2008]
16. The Cabinet shall issue the regulations referred to in
Section 4, Paragraph three of this Law by 1 July 2009.
[14 November 2008]
17. In 2009, the remuneration (monthly wage, bonuses, etc.)
laid down in accordance with this Law shall be determined in
conformity with the law On Remuneration of Officials and
Employees of State and Local Government Authorities in 2009.
[12 December 2008]
18. Until the day of coming into force of a new Cabinet
Regulation, but not longer than by 30 June 2010, Cabinet
Regulation No. 599 of 4 September 2007, Procedures by which an
Official with Special Service Rank of the Ministry of the
Interior System Institutions and the Prisons Administration
Fulfils the Duties of a Civil Servant of the State Civil Service
in the Ministry of the Interior and the Ministry of Justice,
shall be applicable insofar as it is not in conflict with this
Law.
[1 December 2009]
19. Section 4, Paragraph two, Clause 4, and Section 9,
Paragraph 2.1 of this Law shall come into force on 1
September 2015.
[29 May 2014]
20. Amendments to Section 37 of this Law in relation to the
transfer of a civil servant to the National Armed Forces to the
position of a professional service soldier shall come into force
on 1 July 2017.
[16 March 2017]
21. In respect of civil servants in respect of whom an order
regarding the maintenance of a civil servant in the position for
an indefinite period of time has been issued in accordance with
Section 41, Clause 1, Sub-clause "f" of this Law, the period of
two years laid down in Section 41, Paragraph two of this Law
shall be counted from 1 January 2019.
[21 June 2018]
22. The head of the institution who continues the performance
of work duties after 30 June 2022 may be re-appointed to the
position for another term.
[2 June 2022]
23. Civil servants who, until 30 June 2022, were transferred
to another civil servant position in which the monthly wage is
lower than the previous one has been determined shall continue to
receive the monthly wage of the previous position, the permanent
supplements determined in laws and regulations which are related
to service, and social guarantees, and also shall retain the
service rank laid down in the specialised civil service.
[2 June 2022]
Informative Reference to European
Union Directives
[2 November 2006; 2 June
2022]
This Law contains legal norms arising from:
1) Council Directive 75/117/EEC of 10 February 1975 on the
approximation of the laws of the Member States relating to the
application of the principle of equal pay for men and women;
2) Council Directive 76/207/EEC of 9 February 1976 on the
implementation of the principle of equal treatment for men and
women as regards access to employment, vocational training and
promotion, and working conditions;
3) Council Directive 97/80/EC of 15 December 1997 on the
burden of proof in cases of discrimination based on sex;
4) Council Directive 2000/43/EC of 29 June 2000 implementing
the principle of equal treatment between persons irrespective of
racial or ethnic origin;
5) Council Directive 2000/78/EC of 27 November 2000
establishing a general framework for equal treatment in
employment and occupation;
6) Directive 2002/73/EC of the European Parliament and of the
Council of 23 September 2002 amending Council Directive
76/207/EEC on the implementation of the principle of equal
treatment for men and women as regards access to employment,
vocational training and promotion, and working conditions;
7) Directive (EU) 2019/1152 of the European Parliament and of
the Council of 20 June 2019 on transparent and predictable
working conditions in the European Union.
This Law shall come into force on 1 January 2001.
This Law has been adopted by the Saeima on 7 September
2000.
President V. Vīķe-Freiberga
Rīga, 22 September 2000
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)