The translation of this document is outdated.
Translation validity: 01.01.2019.–01.11.2020.
Amendments not included:
08.10.2020.,
02.06.2022.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
29 March 2001 [shall come
into force from 20 April 2001];
20 June 2002 [shall come into force from 12 July
2002];
31 October 2002 [shall come into force from 27 November
2002];
15 May 2003 [shall come into force from 17 June
2003];
14 April 2005 [shall come into force from 10 May
2005];
14 September 2006 [shall come into force from 1 October
2006];
2 November 2006 [shall come into force from 10 November
2006];
24 May 2007 [shall come into force from 26 June
2007];
14 November 2008 [shall come into force from 8 December
2008];
12 December 2008 [shall come into force from 1 January
2009];
1 December 2009 [shall come into force from 1 January
2010];
25 February 2010 [shall come into force from 25 March
2010];
14 October 2010 [shall come into force from 1 December
2010];
29 May 2014 [shall come into force from 25 June
2014];
26 March 2015 [shall come into force from 22 April
2015];
23 November 2016 [shall come into force from 1 January
2017];
16 March 2017 [shall come into force from 11 April
2017];
21 June 2018 [shall come into force from 1 January
2019].
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 Saeima1 has adopted and
the President has proclaimed the following law:
State Civil
Service Law
Chapter I
General Provisions
Section 1. Purpose of this 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 this
Law
(1) This Law determines the mandatory requirements to be set
for a candidate for a State civil service position (hereinafter -
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 in
respect of a State civil servant (hereinafter - civil servant)
shall apply to a candidate who is appointed to a civil service
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
relations in the specialised State civil service insofar as
special laws do not determine such.
(4) The norms of regulatory enactments regulating legal
employment relations that prescribe the principle of equal
rights, the prohibition of differential treatment principle,
prohibition to cause adverse consequences, working hours and rest
time, remuneration, the financial liability of employees and
terms shall apply to the legal relations of the State civil
service insofar as such are not prescribed by this Law.
[15 May 2003; 14 April 2005; 2
November 2006; 21 June 2018]
Section 3. A Civil Servant
(1) A civil servant is a person who in a direct administration
institution (hereinafter - institution), forms the policy or
development strategy of a sector, co-ordinates the activity of a
sector, distributes or controls financial resources, formulates
regulatory enactments or controls the observance thereof,
prepares or issues administrative documents, and prepares or
takes other decisions related to the rights of individuals.
(2) A 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 - 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 in a civil service position
for a specified period a professional service soldier may be
appointed. The professional service soldier who holds the civil
service 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. In civil service positions, which may be held by
professional service soldiers, the procedures for the fulfilment
of duties, the procedures for disciplinary sanctions and the
procedures for 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 the Ministry of the Interior system institution
or Prisons Administration may be appointed to a civil service
position in the Ministry of the Interior, the Ministry of Justice
or the Ministry of Foreign Affairs (in diplomatic and consular
representations abroad) for a definite period of time, but not
longer than for five years. An official with a special service
rank of the Ministry of the Interior system institution or
Prisons Administration who holds the civil service position and
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 such official. The
procedures for the fulfilment of the civil service position,
calculation of term of service and disciplinary sanctioning shall
be determined by the Cabinet.
[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]
Chapter
II
Management of the 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 rectify
the determined infringements;
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 co-ordinate the development policy of the State
civil service;
2) co-ordinate the career development of civil servants;
3) harmonise the positions of civil servants;
4) ensure the selection of the heads of an 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. The School of Public
Administration
(1) The School of Public Administration is a state
administrative institution under the supervision of the State
Chancellery, which implements State policy in the education for
civil servants field in order to prepare highly professional
civil servants.
(2) The functions of the School of Public Administration are
as follows:
1) to formulate civil service training programmes in
accordance with the State Chancellery remit for the current
year;
2) to co-ordinate and ensure the process of the training of
civil servants;
3) to formulate drafts of regulatory enactments, conceptual
issues, reports, programmes and other documents related to the
training of civil servants.
[15 May 2003]
Chapter
III
Appointments to Civil Service Positions
Section 6. Civil Service
Positions
(1) A head of an institution shall determine the civil service
positions at an institution by harmonising them with the State
Chancellery in conformity with the duties to be performed in the
position.
(2) Within the meaning of this Law, a State secretary of a
ministry shall be considered the head of an institution.
[14 November 2008]
Section 7. Mandatory Requirements
for Candidates
(1) A person may be a candidate for a civil service position
who:
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 service
position due to a sanction imposed in a disciplinary matter, an
administrative violation matter or a criminal matter;
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 some foreign
state;
9) is not or has not been a participant in organisations
prohibited by law or by an adjudication of a court;
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 service
position that is vacant for a definite period of time.
(2) Persons who are candidates for a civil service 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 Service Positions
(1) An open candidate competition for civil service positions
shall be announced by the relevant institution on the vacancy
portal of the State Employment Agency.
(2) The requirements for a candidate for the civil service
position in accordance with the relevant job description, the
term for applying for it, 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 set out, when
announcing the competition.
(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 service
position is not required to be announced in the cases specified
in this Law.
[15 May 2003; 29 May 2014; 21 June
2018]
Section 9. Examination of the
Suitability of Candidates for Civil Service Positions
(1) The suitability of candidates for a vacant civil service
position shall be assessed by a commission for assessment of
candidates and civil servants, which is established:
1) for a competition for a position of the head of an
institution - by the relevant minister. A list of persons who may
be included in the commission for assessment of candidates and
civil servants shall be approved by the Cabinet pursuant to the
recommendation of the relevant minister;
2) for competitions for other civil service positions - by the
head of the relevant institution.
(2) The suitability of a candidate in relation to the
requirements set out in a job description for a vacant civil
service position shall be assessed, observing the criteria for
examination of the relevant civil service position, which shall
be determined:
1) for the head of an institution position - by a minister
co-ordinating it with the State Chancellery;
2) for other civil service positions - by the relevant
institution.
(21) The procedures for planning the selection of
the heads of an institution, determining the requirements and
assessing the candidates shall be laid down by the Cabinet.
(3) A commission for assessment of candidates and civil
servants shall select one or more candidates who best comply with
the requirements set out in the job description for the vacant
civil service position and, giving reasons for their choice,
shall recommend them:
1) to the Prime Minister - for an appointment to a position of
the Director of the State Chancellery and the Head of the
Cross-Sectoral Coordination Centre;
2) to a minister - for an appointment to a position of head of
an institution;
3) to the head of the relevant institution - for appointments
to other civil service positions.
(4) The relevant official referred to in Paragraph three of
this Section shall assess a recommendation of the commission for
assessment of candidates and civil servants and take a decision
regarding the appointment of 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 service position shall be given
to a person who has been dismissed from a civil service
position:
1) in connection with the liquidation of an institution or a
civil service position;
2) [14 November 2008].
(7) A candidate has the right to become acquainted with the
recommendations of the commission for 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]
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 assessment
of candidates and civil servants, no candidate has professional
training conforming to the requirements determined in the job
description for the civil service position;
3) no candidate, of the candidates recommended by the
commission for 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. Appointment of
Candidates to Civil Service Positions
(1) A candidate shall be appointed to a civil service position
for an indefinite term by an order of the head of an institution.
A candidate may be appointed to a civil service position for a
definite term, in which case the civil service circumstances for
this determination shall be indicated.
(2) A candidate shall be appointed to a position of head of an
institution for a term of five years by a minister. 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. Six months prior to the expiry of the term, the
minister or the Prime Minister respectively shall take a decision
to extend the term for five years or a substantiated decision to
dismiss the respective person from his or her position by
informing the person in relation to whom the decision has been
taken.
(3) The relevant official referred to in Paragraph two of this
Section shall appoint a candidate 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 an institution under supervision thereof after approval by the
Cabinet. A candidate for whom a term of probation has been
determined shall be appointed to a position but his or her
confirmation in the position shall be decided by the Cabinet.
(4) In appointing a candidate to a civil service position, the
head of an institution or the relevant official referred to in
Paragraph two of this Section may determine a term of probation,
which may not exceed six months.
(5) The head of an institution or the relevant official
referred to in Paragraph two of this Section shall determine a
term of probation of three up to six months for a candidate who
is appointed to a civil service position for the first time.
[14 November 2008; 29 May 2014]
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 service position with
regard to the non-conformity with the mandatory requirements for
a civil servant.
[14 November 2008; 21 June
2018]
Section 13. Pledge of a Civil
Servant
(1) Upon taking up the duties of a civil servant, a candidate
who is appointed to a civil service 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 duties of my
position 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 the work in the civil service of a
candidate appointed to a civil service 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 a 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 service position.
(3) A decision to dismiss the head of an 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. A
decision to dismiss a State secretary, the Head of the
Secretariat of a Deputy Prime Minister, the Head of the
Secretariat of the Minister for Special Assignments, the Director
of the State Chancellery, the Head of the Cross-Sectoral
Coordination Centre and a head of a subordinate institution shall
be taken by the relevant official on the basis of a decision by
the Cabinet, except for the case if civil service relations are
ended on the basis of Section 41, Clause 1, Sub-clause "a" or
Clause 3 of this Law.
[14 November 2008; 29 May 2014]
Chapter
IV
General Duties of Civil Servants
Section 15. Basic Duties of a Civil
Servant
(1) The basic duties of a civil servant are as follows:
1) to observe the Constitution, the norms of international law
binding on Latvia, and laws and other regulatory enactments;
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, fulfil the duties of a civil service
position, the lawful orders of supervisors, to be liable for his
or her actions in accordance with the procedures prescribed by
regulatory enactments and to observe the principles of conduct
for a civil servant prescribed by the Cabinet.
(2) During and outside of the performance of the duties of
office, a 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) A civil servant shall be responsible, in performing the
duties of a position, for the lawfulness of his or her actions or
failure to act. If a 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) A 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 effective
or issues a new order or task.
[14 November 2008]
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 an Institution
A civil servant may only express the official opinion of an
institution with the authorisation of the head of the
institution.
Section 19. Duty to Improve
Qualifications
A civil servant has the duty to regularly add to his or her
knowledge and to improve the professional skills and abilities
necessary for the performance of the duties of his or her
position.
Chapter V
Duties of Civil Service Positions
Section 20. Determination of the
Duties of Civil Service Positions
(1) Duties in regard to a civil service position shall be
determined in a job description. The procedures for the
formulation of job descriptions for civil service positions shall
be prescribed by the Cabinet.
(2) The relevant duties of a civil service position, upon the
civil servant commencing performance of the duties of a position
or upon the scope of duties of the position entrusted to him or
her being changed, shall be determined in the job description for
the civil service 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) A 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 Duties of a Vacant Civil
Service Position
The head of an institution may temporarily assign performance
of the duties of an absent civil servant or the duties of a
vacant civil service 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
A civil servant has the following general rights:
1) to a permanent civil service position, unless provided
otherwise 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 regulatory enactments, 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 provision of appropriate conditions for performance
of the duties of the position;
5) to apply for vacant civil service positions;
6) to take part in training programmes in order to acquire the
knowledge and skills necessary for the performance of the duties
of the position.
[14 April 2005]
Section 23. Compensation
A 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 a Civil Servant and in Case of Death of a 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 a Civil service position
[1 December 2009]
Section 28. Supplement for the
Performance of Additional Duties
[1 December 2009]
Section 29. Supplement for the
Performance of Duties of Office 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 Service Position
(1) If it is provided for in law, an institution shall ensure
for a civil servant who is dismissed from a civil service
position due to his or her election to office in a State or local
government institution,to hold an equivalent civil service
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, an institution without
announcing an open candidate competition has the right to ensure
the previous or equivalent position if there is a vacant position
and the person conforms to the specified requirements. In
addition to the abovementioned, the inclusion of a 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 Careers
Section 35. Activities of Civil
Servants and Assessment of their Results
(1) The activities of a civil servant and the results thereof
shall be assessed each year by a direct manager or an assessment
commission established by a head of an institution.
(2) A candidate and civil servant assessment commission, which
shall be established by the relevant minister in accordance with
procedures prescribed by the Cabinet, shall assess the activities
of the head of an institution and their results not less often
than once every two years.
(3) The procedures for assessment shall be prescribed by the
Cabinet.
(4) Results of an assessment shall be used as a basis for
decisions regarding granting of the status of civil servant,
non-conformity of a civil servant to a position held, transfer to
another position, and conferring of civil service qualification
grades.
[14 April 2005; 29 May 2014]
Section 36. Classification of Civil
Service Positions and Civil Service 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 service 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) A civil servant who is fulfilling his or her
duties of office 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 fulfilment of
certain duties of the position of a soldier 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) A 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 an 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 such institution as has taken over
obligations, or by a decision of the relevant minister.
(3) In transferring a civil servant his or her point of view
shall be evaluated. In transferring a 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) In transferring a civil servant to another civil service
position, a monthly salary shall be determined for the civil
servant, which is not less than the previous monthly salary,
retain the permanent supplements, which are associated with
service, and social guarantees, as well as the service ranks
specified in the specialised civil service, except in cases where
the civil servant is transferred if the institution or the civil
service position has been liquidated, the number of civil
servants is reduced, a decision has been taken regarding the
non-conformity of a civil servant to the position held, as well
as on the basis of a request by the civil servant. A 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) In transferring a 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
service 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]
Section 37.1 Appointment
for Service in an International Organisation in the Interests of
the State
A civil servant, upon his or her consent, may 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 ensured for a civil servant after
his or her return. A State institution who has appointed a 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 the duties of a position 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 and
pregnant women may not be sent on official travel without their
consent.
(3) The assignment of a civil servant or a professional
service soldier who is appointed to a civil service 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]
Section 39. Suspension from the
Fulfilment of Official Duties
(1) The head of an institution may suspend a civil servant
from performance of the duties of a position, suspending the
payment of work remuneration for the period subsequent to the
date of suspension, if detention has been applied as a security
measure or criminal prosecution has been initiated against the
civil servant.
(2) If a court finds a civil servant suspended in such way
guilty of committing a criminal offence, the remuneration for the
period of suspension shall not be paid and he or she shall be
regarded as dismissed from and after the day of suspension. In
case of acquittal, the civil servant suspended shall be paid the
work remuneration for the period of suspension unless there is
another basis for dismissal determined by this Law.
(3) The head of an institution shall suspend a civil servant
from the performance of duties of a position where this is
required, in cases prescribed by law, by a State institution
authorised accordingly.
(4) The relevant head of an institution, a minister, the Prime
Minister may suspend a civil servant from the performance of the
duties of a position not longer than for the entire period of
investigation of a disciplinary matter by retaining the monthly
salary, 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.
(5) The head of an 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.
[15 May 2003; 14 April 2005; 14
November 2008; 29 May 2014]
Section 40. Disciplinary
Liability
Civil servant disciplinary liability shall be determined by
the State Civil Service Civil Servant Disciplinary Liability Law.
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 utilising 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 the Transitional
Provisions]
Section 41. Termination of State
Civil Service Relations
(1) State Civil Service relations shall be terminated:
1) if a civil servant is dismissed from his or her civil
service position by a decision of the head of an institution, but
the head of an 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 connection with the non-conformity of a civil servant to
the position held (with respect to the head of an institution -
observing the provisions of Section 14, Paragraph three),
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 fulfil the duties for
more than four successive months or for more than 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 in a criminal
matter,
m) in connection with the fact that duties of a position
cannot be fulfilled due to the state of health and this is
certified by a conclusion of a doctor;
n) on a voluntary basis due to the fulfilment of professional
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 a civil servant has reached the age of retirement
determined by the State, a head of an institution or a minister
is entitled to take a substantiated decision to maintain a 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.
[14 September 2006; 24 May 2007; 25 February 2010; 14
October 2010; 29 May 2014; 21 June 2018 / See Paragraph 21
of Transitional Provisions]
Section 42. Transfer of Matters
A 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 a 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, an institution has an
obligation to issue a written statement on the duration of the
State civil service of a civil servant, the duties of a position
fulfilled, 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 an 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 according the procedures specified by law shall determine
the civil service positions in the State agency. The director of
the State agency shall not later than up to 1 January 2007 notify
in writing an employee who in the State agency holds a position,
which is specified as a civil service position regarding a change
in the status of the position and shall warn him or her regarding
the termination of employment legal relations and the
commencement of State civil service relations. If the employee
after receipt of the notification does not consent to hold a
civil service position and the State agency cannot offer him or
her another position, which is not a civil service 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 consents to taking up the civil
service 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 service 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 consents to take up
the civil service 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 an institution of
higher education, 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 institution for higher education
regarding the commencement of such studies. The civil servant
referred to in this Paragraph who is studying in an institution
of higher education, each year by 15 October shall submit to the
director of the agency a statement issued by the institution for
higher education regarding the successful continuation of
studies. The civil servant who in the time period specified in
this Paragraph has not commenced studies in an institution of
higher education or does not continue studies (has not submitted
a statement regarding the successful continuation of studies,
shall be dismissed from the civil service position in the State
agency in relation to non-conformity with the mandatory
requirements for a civil servant. If for the civil servant
referred to in this Paragraph to the reaching of the age
specified for the granting of an old-age pension there remains
six years or less, he or she may hold a civil service 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 the coming into force of this Law are not
to be regarded as civil service 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
the entering into of 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. Up to 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 up
to 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 text of Section 40 of this Law shall
come into force simultaneously with the State Civil Service Civil
Servant Disciplinary Liability Law.
[14 September 2006 /
10. By 31 December 2005, a civil servant shall receive a
monthly salary 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. Up to 31 December 2005 a specialised civil service civil
servant in the State Revenue Service shall receive a monthly
salary 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 Prisons Administration from 1 October 2006
shall be deemed to be officials with special service ranks in
Ministry of the Interior institutions or in the Prisons
Administration, and from 1 October 2006 State civil service
relations shall be terminated. Up to 31 December 2006 the
referred to 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. By 15 February 2008, the State Civil Service
Administration shall 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 determined 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 salary, 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 run from 1 January 2019.
[21 June 2018]
Informative
Reference to European Union Directives
[2 November
2006]
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.
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 © 2018 Valsts valodas centrs (State
Language Centre)