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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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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)

 
Document information
Title: Valsts civildienesta likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 07.09.2000.Entry into force: 01.01.2001.Theme: State institutions, public servicePublication: Latvijas Vēstnesis, 331/333, 22.09.2000.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 19, 12.10.2000.
Language:
LVEN
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