The Saeima¹ has adopted
and the President has proclaimed the following Law:

Law On the Career Course of Service of Officials with Special Service Ranks Working in Institutions of the System of the Ministry of the Interior and the Prisons Administration

Chapter I
General Provisions

Section 1. Purpose of this Law

The purpose of this Law shall be to specify the legal status of professional service in institutions of the system of the Ministry of the Interior and the Prisons Administration (hereinafter also - the Institution) in order to ensure legal, persistent, efficient and open operation of the Institution.

Section 2. Service at the Institution and the Concept of the System of the Ministry of the Interior

(1) Service at the Institution shall be a type of civil service, which is fulfilled by an official of the Institution who has a special service rank (hereinafter - the official).

(2) The system of the Ministry of the Interior shall include institutions that are subordinate to the Ministry of the Interior - the Security Police, the Information Centre of the Ministry of the Interior, the Communications Centre of the Ministry of the Interior, the State Police, the Police Academy of Latvia, the Border Guard, the State Fire and Rescue Service -, as well as colleges that are subordinate to these institutions.

Section 3. Application of this Law

(1) This Law prescribes a uniform course of service of officials in the Institution.

(2) Norms of regulatory enactments regulating employment legal relationships shall not be applicable to officials, except the norms determining the time periods, including limitation period, prohibition of differential treatment, term, type and calculation of payment of work remuneration, payment of average earnings in cases when an employee does not work due to justifiable reasons, calculation of average earnings, deductions from work remuneration and limits thereof, civil legal liability of an employee, granting of prenatal and maternity leave, granting of leave to the father, adopter of a child or another person and granting of parental leave, as well as the rights pertaining to pregnant women and breastfeeding women and women during the period following childbirth up to 1 year.

(3) The norms of the regulatory enactments regulating legal relationship of the State civil service shall not be applicable to officials.

(4) Restrictions on entrepreneurial activity, obtaining income, combination of offices and performance of work, as well as other restrictions and duties of officials relating thereto shall be determined by the Law On Prevention of Conflict of Interest in Activities of Public Officials.

(5) Provisions of the State Security Institutions Law and Section 3, Section 4, Clauses 2 and 3, Sections 5 and 6, Chapters II, III, IV, V, VI and VII, Sections 33, 35 and 36, Section 37, Paragraphs one and seven, Sections 39 and 43, Chapters X and XI of this Law shall be applicable to officials holding office in the Security Police. The provisions of this Law regarding supplements for special service rank and compensation for food rations shall not be applicable to the officials referred to.

Section 4. Mandatory Requirements for Service

Such person may serve:

1) who is a citizen of Latvia;

2) whose physical fitness complies with the requirements specified by the Cabinet;

3) whose health condition and psychological characteristics comply with the requirements specified by the Cabinet;

4) who has not been convicted for an intentional crime; and

5) who has not been found as lacking the capacity to act in accordance with the procedures prescribed by law.

Section 5. Concept of the Term of Service

(1) The term of service is a period of time, which an official has served in the system of the Ministry of the Interior and the Prisons Administration. The term of service shall be taken into account in determining the work remuneration of an official, as well as in granting annual leave and the allowance provided for in Section 37, Paragraph six of this Law.

(2) The previously calculated length of service shall be included in the term of service of a former official of the Institution, a former soldier and a prosecutor accepted into service, which entitles to a service pension in accordance with the procedures specified by the respective law.

Section 6. General Duties of an Official

An official has the following general duties:

1) to observe the Constitution of the Republic of Latvia, the norms of international law binding on the Republic of Latvia, and laws and other regulatory enactments;

2) to fulfil the oath of the official in good faith;

3) to fulfil the duties of office and the orders of officials of higher rank dutifully and in good faith;

4) to observe the principles of behaviour specified for officials; and

5) in fulfilling the duties of service in another state, to respect and comply with the laws, norms of public order and propriety of the respective state.

Chapter II
Acceptance into Service and Appointment to Office

Section 7. Requirements for Acceptance into Service

(1) Persons from 18 to 40 years of age shall be accepted into service:

1) who comply with the mandatory requirements specified for service in Section 4 of this Law;

2) who have at least a general secondary education;

3) who have knowledge of Latvian to such extent, which is necessary for the performance of professional duties and the duties of office;

4) who are not retired from service in the system of the Ministry of the Interior or the Prisons Administration due to the application of a disciplinary punishment - retirement from service - to them.

(2) Taking into account the necessity of service, the head of the Institution may also accept into service a person who is older than 40 years of age and whose length of service in the system of the Ministry of the Interior or the Prisons Administration is not less than 10 years.

(3) A person who wants to enter into service has a duty:

1) to present a personal identification document;

2) to present documents certifying education and the official language certificate, if education has not been acquired in the official language; and

3) to submit to the Central Medical Expert-examination Commission of the Ministry of the Interior (hereinafter - the Medical Expert-examination Commission) a statement issued by a family doctor regarding health history, a statement from a narcologist with data regarding harmful excessive use of alcohol, use of toxic substances, use of narcotic or psychotropic substances without medical indications, a statement from a psychiatrist with data regarding a mental illness diagnosed or detected behavioural disorders and an inoculation card with notes regarding vaccinations administered.

Section 8. Conformity Assessment of a Candidate

(1) The conformity of a candidate to the requirements of Section 7, Paragraph one of this Law and the requirements specified for the respective office shall be assessed by an assessment commission established by the head of the Institution or his or her authorised official.

(2) An assessment commission established by the Minister for the Interior or the Minister for Justice accordingly (hereinafter - the respective minister) shall assess the conformity of a candidate to the office of the head of the Institution. The conformity of a candidate to the office of the head of a college of the system of the Ministry of the Interior (hereinafter - the college) shall be assessed by an assessment commission established by the head of such institution, to which the college is subordinate.

(3) The Institution shall perform an examination of the physical fitness of a candidate and submit to the assessment commission an opinion regarding the compliance of the physical fitness of the candidate to service.

(4) The Medical Expert-examination Commission shall assess the conformity of a candidate to the requirements of Section 4, Clause 3 of this Law and submit to the assessment commission an opinion regarding the compliance of his or her health condition and psychological characteristics to the service. For the assessment of health condition and performance of the examination specified in Section 16, Paragraph four of this Law, the Medical Expert-examination Commission is entitled to request that a person to be examined undergo additional examinations, as well as to request and receive information regarding health condition of the person to be examined from other medical treatment institutions.

(5) The Cabinet shall determine the procedures for the performance of the examination of health condition and psychological characteristics of candidates.

Section 9. Acceptance into Service and Appointment to Office

(1) The head of the Institution or his or her authorised official shall take a decision regarding acceptance into service and appointment to office of a candidate after acquainting him or herself with the recommendation of the assessment commission.

(2) In order to be accepted into service a person shall be required to have the following education:

1) in appointing to office complying with the special service rank of a private, corporal, sergeant, first sergeant or warrant officer - at least a secondary education;

2) in appointing to office complying with the special service rank of a lieutenant, first lieutenant or captain - at least the first level vocational higher education;

3) in appointing to office complying with the special service rank of a major, lieutenant colonel, colonel or general - academic or the second level vocational higher education.

(3) The relevant minister shall appoint to office the head of the Institution. The head of a college shall be appointed to office by the head of the Institution, to which the college is subordinate.

(4) The Minister for the Interior shall appoint the head of the Security Police, the State Police, the Police Academy of Latvia, the Border Guard and the State Fire-Fighting and Rescue Service to office after the respective candidate has been approved by the Cabinet. The Minister for Justice shall appoint the head of the Prisons Administration to the position after the respective candidate has been approved by the Cabinet.

(5) An official of an institution of the system of the Ministry of the Interior who has a higher education and whose length of service in the system of the Ministry of the Interior is not less than 5 years may apply for the position of the head of the State Police, the State Border Guard and the State Fire-Fighting and Rescue Service. The candidate for the position of the head of the State Fire-Fighting and Rescue Service shall be required to have a corresponding education in the field of fire safety, and the candidate for the position of the head of the State Police - legal education.

Section 10. Term of Probation when Accepting into Service and Appointing to Office

(1) Upon accepting into service and appointing to office, a term of probation shall be determined for an official in order to ascertain whether the official complies for the fulfilment of duties entrusted thereto.

(2) The term of probation shall not exceed 6 months. The referred to term shall not include a period of temporary incapacity.

(3) During a term of probation an official who has accepted an official into service and appointed to office may release the official from office and retire him or her from service, not specifying the reason and notifying about it in writing at least 3 working days in advance.

Section 11. Oath of an Official

(1) An official, upon entering into service, shall take the following oath:

"I, (the given name, surname), upon entering into service, swear to be honest and fair, loyal to the Republic of Latvia, to fulfil the duties of office in accordance with the Constitution of the Republic of Latvia, international agreements, laws and other regulatory enactments and to serve the general interests of the society."

(2) The oath of an official shall be accepted by the respective minister, the head of the Institution or his or her authorised official.

Chapter III
Transfer to Another Position, Being in Service in not Holding Definite Office and Suspension from the Fulfilment of the Duties of Office

Section 12. Transfer of an Official to Another Position

(1) Complying with the specification of Section 9, Paragraph two of this Law, an official may be transferred to another vacant position in the same or another Institution:

1) in the interests of the service for a definite period of time in order to ensure the efficient fulfilment of the duties of the service, as well as to promote the raising of the qualification of the official;

2) in the interests of the service for an indefinite period of time in order to ensure the efficient fulfilment of the duties of the service, as well as to promote the raising of the qualification of the official;

3) of his or her own free will;

4) due to non-conformity to the office;

5) in abolishing the office or a structural unit (the Institution) or reorganising it.

(2) In the case specified in Paragraph one, Clauses 2 and 5 of this Section an official may be transferred to another position only with the consent thereof.

(3) A decision regarding the transfer of an official to another position at the same Institution shall be taken by the head of the Institution or his or her authorised official, to another Institution of the system of the Ministry of the Interior - by the Minister for the Interior. In transferring an official to another position from the system of the Ministry of the Interior to the Prisons Administration or from the Prisons Administration to the system of the Ministry of the Interior, a decision regarding the transfer shall be taken by the minister, to whom the institution, to which the official is transferred, is subordinate.

(4) In transferring an official from a college or to a college, a decision regarding the transfer of the official shall be taken by the head of such institution, to which the college is subordinate.

(5) In transferring an official to another Institution, the opinion of the head of such Institution, from which and to which the official is intended to be transferred, shall also be evaluated.

(6) In transferring an official to another position with a lower monthly salary, in the case referred to in Paragraph one, Clauses 1 and 2 of this Section the official shall be preserved the monthly salary specified in the previous position.

(7) In the case referred to in Paragraph one, Clause 1 of this Section an official shall be transferred for a period of time that is not longer than 3 years and he or she shall be preserved the rights to return to the previous or similar position.

Section 13. Being in Service in not Holding Definite Office

An official, in accordance with the procedures specified by the respective minister, may be in service in not holding definite office while he or she is appointed to office in an institution of the European Union, which operates in the field of home and justice affairs. In such a case the official shall not be preserved the work remuneration, compensation for food rations and social guarantees.

Section 14. Suspension of an Official from the Fulfilment of the Duties of Office

(1) An official, against whom criminal prosecution has been initiated, may be suspended from the fulfilment of the duties of office by a written order. Work remuneration, compensations, except compensation for food rations, and allowances shall not be paid to such person for the period of suspension.

(2) An official, in relation to whom a decision regarding the prohibition of a definite occupation has been taken, shall be suspended from the fulfilment of the duties of office by a written order. Work remuneration, compensations, except compensation for food rations, and allowances shall not be paid to such person for the period of suspension.

(3) An official, to whom a detention or a house arrest has been applied as a safety measure, shall be suspended from the fulfilment of the duties of office by a written order. Work remuneration, compensations and allowances shall not be paid to such person for the period of suspension.

(4) If in the cases referred to in Paragraphs one, two and three of this Section the court justifies the official suspended or criminal prosecution against such official is terminated on rehabilitation grounds, the suspended official shall be disbursed the work remuneration, compensations and allowances for the period of suspension.

(5) An official may be suspended from the fulfilment of the duties of office for the time period of investigation of a disciplinary matter in accordance with the procedures specified by the Law On Disciplinary Liability of Officials with Special Service Ranks of Institutions of the System of the Ministry of the Interior and the Prisons Administration.

(6) In the cases referred to in Paragraphs one, two and three of this Section the head of the Institution or his or her authorised official may suspend an official from the fulfilment of the duties of office, and the relevant minister - the head of the Institution. The head of a college may be suspended from the fulfilment of the duties of office by the head of such institution, to which the college is subordinate.

(7) If there are suspicions that an official, in fulfilling the duties of office, is under the influence of or is intoxicated with alcohol, narcotic, psychotropic, toxic or other intoxicating substances, a higher official shall transport the official for the performance of a medical examination.

Chapter IV
Description of Office, Conformity Assessment, Raising of a Qualification, Covering of Study Expenditure and Official Travels

Section 15. Job Description of the Office of an Official

(1) The requirements, duties, rights, liability and subordinate relationship specified for the office shall be determined in the job description of the office of the official. The procedures for the development thereof shall be regulated by the Cabinet.

(2) The job description of the office of the official shall be approved by the head of the Institution or his or her authorised official. The job description of the office of the head of the Institution shall be approved by the respective minister. The job description of the office of the head of a college shall be approved by the head of the Institution, to which the college is subordinate.

Section 16. Conformity Assessment of an Official

(1) An assessment commission established by the head of the Institution or his or her authorised official shall assess the activities of an official and results thereof in accordance with the procedures specified by the Cabinet.

(2) An assessment commission established by the respective minister shall evaluate the activities of the head of the Institution or his or her deputy and results thereof. An assessment commission established by the head of the institution or his or her deputy, to which the college is subordinate, shall assess the activities of the head of the college or his or her deputy and results thereof.

(3) The assessment of activities of an official and results thereof may be as follows:

1) conforms to the requirements set out;

2) partly does not conform to the requirements set out; or

3) does not conform to the requirements set out.

(4) The Institution shall send an official, preserving his or her work remuneration and compensation for food rations, to the Medical Expert-examination Commission not less than once a year in order to examine the compliance of the health condition of the official to the service. The procedures for the performance of the examination of the official's health condition shall be determined by the Cabinet.

(5) The Institution shall examine, once a year, the compliance of the physical fitness of an official with the requirements of Section 4, Paragraph two of this Law.

(6) The assessment of the activities of an official and the results thereof referred to in Paragraph three of this Section or the results of the examinations referred to in Paragraphs four and five of this Section shall be used as the grounds for taking decisions regarding:

1) the retiring of the official from service due to non-conformity to the service;

2) the retiring of the official from service due to the health condition inappropriate to the specified requirements;

3) transfer of the official to another position;

4) sending of the official for the raising of a qualification; and

5) extension of the service time.

Section 17. Raising of a Qualification and Covering of Study Expenditure of an Official

(1) An official has the duty to regularly supplement his or her knowledge and to improve the professional skills and abilities necessary for the fulfilment of the duties of his or her service (position).

(2) The head of the Institution or his or her authorised official, upon having determined the necessity of the raising of an official's qualification, shall provide the official with a possibility to raise his or her qualification in training courses, preserving his or her monthly salary, supplement for the special service rank, supplement for the term of service and compensation for food rations. The Cabinet shall determine the conditions and procedures for the covering and repayment of expenditure related to the raising of a qualification of an official.

(3) The head of the Institution or his or her authorised official, upon having determined the necessity of service, may send an official to an educational institution so that the official can obtain vocational education, preserving his or her monthly salary, supplement for the special service rank, supplement for the term of service and compensation for food rations. The Cabinet shall determine the procedures for the covering and repayment of expenditure related to the obtaining of vocational education of the official.

(4) An official who, without discontinuing the performance of the duties of service, successfully studies at a State accredited higher education institution for a fee in order to acquire the knowledge required for the performance of the duties of the service (position), shall receive compensation covering half of the annual tuition fee. Compensation shall be disbursed from the budget of the Institution in accordance with the procedures specified by the Cabinet.

(5) An official who is being retired from service (except the cases referred to in Section 47, Paragraph one, Clauses 3, 6, 9 and 10) and who, after the receipt of compensation of the tuition fee, has served in the system of the Ministry of the Interior or the Prisons Administration for less than 5 years, shall repay the compensation referred to in Paragraph four of this Section in accordance with the procedures specified by the Cabinet.

Section 18. Official Travels of an Official

(1) An official may be sent on an official travel for a definite period of time, covering the expenditure related to the official travel.

(2) Work remuneration and compensation for food rations shall be preserved for an official during an official travel.

Chapter V
Special Service Ranks

Section 19. Special Service Ranks of Officials

Officials shall be granted the following special service ranks:

1) private;

2) corporal;

3) sergeant;

4) first sergeant;

5) warrant officer;

6) second lieutenant;

7) first lieutenant;

8) captain;

9) major;

10) lieutenant colonel;

11) colonel;

12) general.

Section 20. General Provisions for Granting the Special Service Ranks

(1) The special service rank of a private, corporal, sergeant, first sergeant and warrant officer shall be granted by an official who is entitled to appoint an official to office, but in the Information Centre of the Ministry of the Interior, the Communications Centre of the Ministry of the Interior and the Police Academy of Latvia - by the Minister for the Interior.

(2) The special service rank of a lieutenant, first lieutenant, captain, major, lieutenant colonel and colonel shall be granted by the respective minister.

(3) The special service rank of a general shall be granted by the Cabinet.

(4) An official may be granted the successive special service rank if the following conditions are present concurrently:

1) the official has served in the present special service rank for the period of time specified in this Law, which is required for the granting of the successive special service rank (except for the special service rank of a corporal and lieutenant);

2) the official has obtained a respective education, which is required for granting of the successive special service rank;

3) a higher special service rank is provided for the position, which the official occupies;

4) the evaluation referred to in Section 16, Paragraph three, Clause 1 of this Law has been received; and

5) the official has not been suspended from the performance of the duties of office.

(5) If a disciplinary punishment has been applied to an official, the successive special service rank shall be granted to such official, if the conditions referred to in Paragraph four of this Section are present, as well as if the execution of the disciplinary punishment and the period of time, during which the official is regarded disciplinary punished, has terminated.

Section 21. Granting of the Special Service Ranks, upon Accepting into Service

Upon accepting into service, an official shall be granted the following special service rank:

1) in appointing to office complying with the special service rank of a private, corporal, sergeant, first sergeant or warrant officer - the private;

2) in appointing to office complying with the special service rank of a lieutenant, first lieutenant, captain, major, lieutenant colonel and colonel - the lieutenant.

Section 22. Sequence for Granting the Special Service Ranks

(1) An official shall be granted a special service rank in the following sequence:

1) the corporal - if the appropriate vocational secondary education or appropriate higher education has been obtained;

2) the sergeant - after serving for 3 years in the special service rank of a corporal if the appropriate vocational secondary education or appropriate higher education has been obtained;

3) the first sergeant - after serving for 4 years in the special service rank of a sergeant if the appropriate vocational secondary education or appropriate higher education has been obtained;

4) the warrant officer - after serving for 5 years in the special service rank of a first sergeant if the appropriate vocational secondary education or appropriate higher education has been obtained;

5) the lieutenant - after appointment to office referred to in Section 21, Clause 2 of this Law if the appropriate higher education has been obtained;

6) the first lieutenant - after serving for 2 years in the special service rank of a lieutenant if the appropriate higher education has been obtained;

7) the captain - after serving for 3 years in the special service rank of a first lieutenant if the appropriate higher education has been obtained;

8) the major - after serving for 4 years in the special service rank of a captain if the appropriate academic or second level professional higher education has been obtained;

9) the lieutenant colonel - after serving for 5 years in the special service rank of a major if the appropriate academic or second level professional higher education has been obtained;

10) the colonel - after serving for 5 years in the special service rank of a lieutenant colonel if the appropriate academic or second level professional higher education has been obtained;

11) the general - after serving for 5 years in the special service rank of a colonel if the appropriate academic or second level professional higher education has been obtained.

(2) The successive special service rank prior to the period of time specified in Paragraph one of this Section may be granted as an award.

(3) The Cabinet shall approve the special service ranks appropriate to positions.

Section 23. Equalisation and Renewal of the Special Service Ranks

(1) For officials accepted into service to whom the special service ranks of police, border guard, fire-fighting and rescue service, justice or soldier have been previously granted, such ranks shall be equalised in accordance with the procedures specified by the Cabinet.

(2) A former official of the Institution accepted into service shall be reinstated to the service rank, which had been granted thereto prior to retiring from service, and the period of time served in the preceding service rank, which gives the right to the granting of the successive special service rank.

Chapter VI
Awards

Section 24. Awards to be Granted to Officials

(1) An official may be granted the following awards for exemplary fulfilment of the duties of service or good work results:

1) gratitude;

2) gratuity or another valuable prize;

3) supplementary leave of up to 10 calendar days;

4) a certificate of honour, a certificate of gratitude or a lapel badge (insignia) of the Ministry of the Interior or the Institution;

5) the successive special service rank - prior to the term;

6) a personal firearm or non-firearm weapon.

(2) If at the moment when a decision has been taken regarding the awarding of an official, such official is regarded as disciplinarily punished and at least 6 months have passed since the execution of the disciplinary punishment, the official shall be recognised as disciplinarily unpunished prior to the specified term instead of the award.

Section 25. Procedures for the Granting of an Award

(1) An award shall be granted by the respective minister, the head of the Institution or his or her authorised official by issuing a written order.

(2) The award referred to in Section 24, Paragraph one, Clause 3 of this Law shall be granted by adding it to the annual paid leave or upon the wish of the official at another time during the current or subsequent calendar year when conditions of service allow it.

(3) The award referred to in Section 24, Paragraph one, Clause 5 of this Law shall be granted if an official has a corresponding education and he or she has served in the respective special service rank at least half of the time specified for the granting of the successive special service rank.

(4) The award referred to in Section 24, Paragraph one, Clause 6 of this Law shall be granted by the respective minister.

(5) An official shall be notified regarding the granted award in person, where possible - in public and at a ceremony.

Chapter VII
Organisation of Working Time

Section 26. General Provisions for the Organisation of Working Time

(1) The head of the Institution shall organise the working time of officials.

(2) Taking into account the nature of the work, the head of the Institution or his or her authorised official shall determine a definite type of the organisation of working time in the relevant structural unit or for individual officials.

(3) In exceptional cases an official may be involved in work outside the specified working time, during weekly days of rest and holidays by an order of the head of the Institution or his or her authorised official.

Section 27. Regular Working Time

(1) The regular daily working time of an official shall be 8 hours during a period of 24 hours and 7 hours on the day before a public holiday.

(2) An official shall be specified a working week of 5 days and the regular weekly working time - 40 hours per week.

(3) Weekly rest days shall be Saturday and Sunday. Officials shall not be employed on the public holidays specified by the law.

Section 28. Aggregated Working Time

(1) If it is not possible to observe a regular length of daily or weekly working time due to the nature of work, the head of the Institution or his or her authorised official shall determine the aggregated working time.

(2) The aggregated working time shall not exceed 56 hours per week and the number of hours of a regular working day of the respective calendar month.

(3) If an aggregated working time has been specified, an official shall be granted a rest time pursuant to the work schedule and, in a time period of 7 days, it shall not be shorter than 36 consecutive hours.

Section 29. Overtime Work

(1) Overtime work shall be work, which an official performs in addition to the period of time specified in Section 27, Paragraphs one and two and Section 28, Paragraph two of this Law.

(2) The overtime work performed shall be paid in accordance with the procedures and amount specified by the Cabinet.

(3) Overtime work shall not exceed 144 hours in a time period of 4 months.

Section 30. Breaks During Work

(1) An official shall be granted a break, which is not less than 30 minutes and is not included in the working time.

(2) Where necessary, the head of the Institution or his or her authorised official may specify a prohibition to leave the workplace during a break.

Section 31. Accounts of Working Time

(1) The head of the Institution shall organise the accounts of working time.

(2) Working time of officials shall be accounted by filling in tables for accounts of working time.

(3) Hours worked of each person, including overtime work, night work and work on public holidays and during the week's period of rest, shall be accounted in tables for accounts of working time.

(4) Work, which an official performs during the period from 22.00 till 06.00 for more than 2 hours, shall be accounted as night work.

Chapter VIII
Work Remuneration and Vacations

Section 32. Work Remuneration of an Official

(1) An official shall receive work remuneration, which is formed from the monthly salary, supplements and bonuses.

(2) The work remuneration system for officials shall be determined by the Cabinet.

Section 33. Annual Paid Leave

(1) An official, during each calendar year, shall be granted annual paid leave, disbursing average earnings and compensation for food rations for this period of time.

(2) An official shall be granted annual paid leave - 30 calendar days, not including public holidays.

(3) Officials who are involved in the direct combating of crime, direct guarding and control of the State border, direct ensuring of the execution of detention as a safety measure or imprisonment as a criminal sentence, as well as fire-fighting work, rescue work and underwater search work, shall be granted annual paid leave - 40 calendar days, not including public holidays.

(4) After every 5 years of the term of service in the system of the Ministry of the Interior or the Prisons Administration, annual paid leave shall be extended for 3 calendar days, but not more than for 15 calendar days in total.

(5) In the year when an official has been accepted into service, his or her annual paid leave shall be calculated for the time period from the day of accepting into service up to the end of the calendar year and shall be granted when such official has served for at least 6 consecutive months at the Institution or shall be transferred to the subsequent year.

(6) Annual paid leave shall be granted to an official pursuant to the schedule of leaves approved by the head of the Institution or his or her authorised official. The schedule of leaves shall be drawn up in such a way as to ensure the continuous fulfilment of functions of the Institution.

(7) The head of the Institution or his or her authorised official shall grant annual paid leave to an official, the head of the institution, to which a college is subordinate, shall grant it to the head of the college. The respective minister shall grant annual paid leave to the head of the Institution.

(8) An official may be granted annual paid leave in parts. Parts of the leave shall not be shorter than 15 calendar days. It shall not be permitted to divide the annual paid leave into more than three parts.

(9) In exceptional cases, with a written consent of an official, a part of the annual paid leave may be transferred to the subsequent year. Where possible, the transferred part of the leave shall be added to the leave of the subsequent year. A part of the leave may be transferred for 1 year only.

(10) Annual paid leave shall be transferred or extended in case of temporary work incapacity.

(11) In exceptional cases of urgent necessity, an official may be summoned back from paid leave with an order of such official who is entitled to appoint the official to office. In such case the leave shall be transferred or extended for such number of days, during which the official has been summoned back.

Section 34. Supplementary Leave

(1) An official shall be granted a supplementary leave of 3 working days upon his or her wish if he or she has 3 or more children at the age up to 18 years or a disabled child.

(2) The supplementary leave specified in Section 24, Paragraph one, Clause 3 of this Law and Paragraph one of this Section shall be granted in disbursing average earnings and compensation for food rations of the official.

Section 35. Study Leave

An official who without discontinuing the fulfilment of the duties of service successfully studies at a State accredited higher educational institution in order to obtain the knowledge necessary for the fulfilment of service (office) duties, shall be granted a study leave of up to 20 working days per year for taking State examinations or development of a diploma paper, retaining his or her monthly salary, supplement for the special service rank, supplement for the term of service and compensation for food rations. If it is necessary for an official and service conditions permit, paid study leave not exceeding 20 working days may be granted for taking semester examinations.

Section 36. Leave without Retention of Work Remuneration and Compensation for Food Rations

If it is necessary for an official and service conditions permit, such official may be granted a leave without retention of work remuneration and compensation for food rations for a time period up to 30 calendar days.

Chapter IX
Social Guarantees

Section 37. Allowances to be Granted to an Official

(1) If an official who within the interests of the service is transferred to office in another administrative territory (except the transfer to an educational institution or from an educational institution due to the obtaining of education) changes the place of residence, he or she shall receive a one-time allowance in the amount of the monthly salary specified for the new office and in the amount of 50% from the new monthly salary per each member of the family who move with the official and will permanently reside at the respective place of residence of the official.

(2) In case of the birth of a child an official shall receive a one-time allowance in the amount of 6 monthly salaries. If both parents of the child are officials, the right to the allowance shall have one of them. If both parents of the child are employees in such State institutions, for which the regulatory enactments regulating the operation thereof provide the rights to an allowance in case of the birth of a child, the right to the allowance shall have one of them.

(3) An official shall receive a one-time allowance in the amount of 1 monthly salary:

1) due to the death of a member of his or her family (spouse, child, parent, grandparent, adopter or adoptee) or dependant thereof;

2) upon leaving on annual vacation, except for the year when he or she was accepted into service.

(4) An official, in leaving on annual vacation, shall receive a one-time allowance for the year when he or she was accepted into service in such amount, which is in proportion to the number of days until the end of the calendar year.

(5) An official may be granted a one-time allowance in the amount of 1 monthly salary due to a serious accident.

(6) An official, after each 5 years of continuous term of service in the system of the Ministry of the Interior or the Prisons Administration, shall receive a one-time allowance in the amount of 3 monthly salaries according to the last office.

(7) An official shall receive a retirement allowance in the triple amount of monthly average earnings, if he or she is retired from service due to the liquidation of the Institution or the position of the official or a reduction in the number of officials, due to an inadequate health condition, due to the reaching of the age specified in Section 46 of this Law, as well as due to the reaching of the length of service specified for the receipt of a service pension.

(8) If an official, to whom a retirement allowance has been paid, is repeatedly retired from service after reinstatement in service, he or she shall be disbursed a part of the retirement allowance, which is calculated as the difference between the re-calculated retirement allowance and the retirement allowance already disbursed.

(9) The Cabinet shall determine the procedures for the receipt of the allowances specified in this Section and Section 38, Paragraph one of this Law and the cases when the allowance specified in Section 38, Paragraph one of this Law shall not be disbursed, as well as the procedures, by which expenditure related to the burial of an official, and the amount of such expenditure if the official has died while performing the duties of service.

Section 38. Allowance in Case of Death of an Official

(1) If an official, while performing the duties of service, has suffered in an accident and was killed or died within a time period of one year after the accident from health disorders resulting therefrom, he or she shall be buried for the State budget funds and the forced heirs thereof shall be disbursed a one-time allowance in the amount of LVL 50 000.

(2) The allowance referred to in Paragraph one of this Section and the compensation referred to in Section 39, Paragraph four of this Law shall be granted if an accident has taken place when an official:

1) had been protecting life, health, rights and freedom of persons, property, public or State interests from criminal and other illegal danger;

2) had been performing works for the suppression of fire, rescue work and underwater search works;

3) had been performing direct protection and control of the State border;

4) had been taking measures for the prevention of emergency situations and the liquidation of consequences;

5) had been performing direct ensuring of the execution of detention as a safety measure or imprisonment as a criminal punishment;

6) had been participating in special training.

(3) In the case of the death of an official (except the case referred to in Paragraph one of this Section) a person who has undertaken the burial of the official, shall receive a one-time allowance in the amount of the monthly salary of such official.

(4) A decision regarding the disbursement of the allowance specified in Paragraph one of this Section or a refusal to disburse it shall be taken by a special investigation commission of the accident, the decision of which may be contested to the respective minister. If the death of the official has occurred after the termination of the special investigation of the accident, a decision regarding the disbursement of the allowance specified in Paragraph one of this Section or a refusal to disburse it shall be taken by a commission established by the State Secretary of the Ministry of the Interior or of the Ministry of Justice accordingly, the decision of which may be contested to the respective minister.

(5) A commission has the right to request medical documentation of medical treatment establishments and expert opinions for the taking of the decision referred to in Paragraph four of this Section.

Section 39. Compensations to be Granted to an Official

(1) If an official who within the interests of the service is transferred to office in another administrative territory (except the transfer to an education institution or from an educational institution due to the obtaining of education) changes the place of residence, he or she shall be compensated the expenditure related to the moving and receive compensation for the rental of the new living quarter and public utility services.

(2) If an official who within the interests of the service is transferred to office in another administrative territory does not change the place of residence, he or she shall receive compensation for the covering of travelling expenses.

(3) An official shall be compensated expenditure, which has occurred in using public transport (except a taxi) for ensuring the fulfilment of the duties of service, as well as in order to get to a medical treatment establishment for the performance of the health examination referred to in Section 16, Paragraph four of this Law and return from it.

(4) If an official, in fulfilling the duties of service, has suffered in an accident and has resulting health disorders, he or she shall be disbursed a one-time compensation in addition to the benefits specified in laws. The Cabinet shall determine the health disorders, for which the official is disbursed the referred to compensation.

(5) An official shall receive a compensation for food rations.

(6) The amount of compensation specified in this Section, the procedures for the disbursement thereof and the cases when the compensation referred to in Paragraph four of this Section is not disbursed, shall be determined by the Cabinet.

(7) A decision regarding the disbursement of the compensation referred to in Paragraph four of this Section shall be taken by the accident investigation commission.

(8) Compensations referred to in this Section shall not be taxable with taxes and other mandatory payments provided for in laws.

Section 40. Compensation of Losses Caused to an Official

(1) Losses, which have been caused to the property or health of an official or his or her parents, grandparents, child, grandchild, adoptee, adopter, brother, sister or spouse due to the service of the official, shall be compensated in accordance with the procedures and in the amount specified by the Cabinet.

(2) A decision regarding the compensation of losses specified in Paragraph one of this Section shall be taken by a commission established by the respective minister.

Section 41. Pension of an Official

An official has the right to a service pension in accordance with the procedures and in the amount specified by law.

Section 42. Health Care of an Official

An official has the right to receive paid health care. The conditions for the receipt of paid health care, types of paid services and payment procedures, as well as health care services and expenditure, which are not paid, shall be determined by the Cabinet.

Section 43. Allowances and Compensations to be Granted to Officials who Fulfil the Duties of Service Thereof in Foreign States

(1) During a period of time when an official (a liaison officer), according to a decision of the head of the Institution, fulfils the duties of service outside the Republic of Latvia, in addition to the work remuneration and allowances specified in this Law he or she has the right to receive the following allowances:

1) a salary allowance for service in the foreign state;

2) an allowance for the stay of the spouse in the foreign state;

3) an allowance for the stay of the child in the foreign state;

4) an allowance for the purchase of household goods when transferring to the place of service in the foreign state; and

5) an allowance to cover the expenses for transport used for the needs of the service.

(2) During a period of time when an official (a liaison officer), according to a decision of the head of the Institution, fulfils the duties of service outside the Republic of Latvia, in addition to the compensations specified in this Law the following expenditure shall be compensated to him or her:

1) rental of housing and public utility expenses;

2) expenditure related to entering into a contract on the rental of housing;

3) child's school and pre-school expenditure;

4) travelling and resettlement expenditure; and

5) expenditure of health insurance and insurance against accidents.

(3) The amounts and procedures for the payment of allowances and compensations referred to in Paragraphs one and two of this Section shall be determined by the Cabinet in conformity with the specific circumstances of the place of service in the foreign state.

(4) An official who according to a decision of the head of the Institution guards the embassy or representative office of the Republic of Latvia in a foreign state shall receive a salary allowance for the service in the foreign state and a compensation for the covering of travelling expenditure in addition to the work remuneration and allowances and compensations specified in this Law.

(5) The amount of the allowance and compensation specified in Paragraph four of this Section, as well as the procedures for the covering of expenditure related to the stay of an official in a foreign state, shall be determined by the Cabinet.

(6) The allowances and compensations specified in Paragraphs one, two and four of this Section shall not be taxable with taxes provided for in laws and other mandatory payments.

Chapter X
Uniform and a Service Identification Document

Section 44. Uniform of an Official

(1) An official, in fulfilling the duties of service, shall wear a uniform, which is issued thereto for the funds from the State budget.

(2) The Cabinet shall determine the description of a uniform and identifying insignia, types of special clothing and personal protective equipment and norms of issuance thereof.

(3) The head of the Institution shall determine offices of officials, in which the duties of service are fulfilled, not wearing a uniform permanently. Officials of the State Police, the Security Police, the State Border Guard and the Prisons Administration, who, in fulfilling the duties of service, do not wear a uniform permanently, shall be disbursed a uniform compensation according to the procedures and in the amount specified by the Cabinet.

Section 45. Certification of the Authority of an Official

An official shall be issued a service identification document for certification of the authority thereof. The official may also be issued a special badge for certification of the authority thereof. The Cabinet shall determine the samples of the service identification document and special badge, the procedures for the issuance and returning thereof.

Chapter XI
Expiration of Service Identification Documents

Section 46. Service Period of an Official

(1) An official may serve until reaching the age of 50.

(2) Taking into account the necessity of the service, physical and professional abilities of an official, as well as his or her health condition, the head of the Institution may extend the service period of the official not longer than until reaching the age of 60. The service period of the head of the Institution may be extended by the respective minister. The service period of the head of a college may be extended by the head of the Institution, to which the college is subordinate.

Section 47. Retirement of an Official from Service

(1) An official shall be retired from service:

1) of his or her own free will;

2) due to the failure to pass probation;

3) due to the health condition inappropriate to the specified requirements;

4) due to the non-conformity to the service;

5) due to the non-conformity to the service, if the official does not agree to a transfer to another office;

6) due to the liquidation of the Institution or position of the official or reduction of the number of officials;

7) in applying a disciplinary punishment - retirement from service;

8) due to election (appointment) to office in another State or local government institution or international organisation, except the case referred to in Section 13 of this Law;

9) in reaching the age specified in Section 46 of this Law;

10) due to the death of the official.

(2) An official may be retired from service:

1) when he or she has reached a length of service, which gives the rights to a service pension in accordance with the procedures specified by the law;

2) due to the fact that he or she, due to continuous work disability, has not fulfilled the duties of office for more than 4 consecutive months or for more than 6 months per year with interruptions and health disorders are not obtained in an accident while fulfilling the duties of service.

(3) An official who wants to retire from service of his or her own free will shall warn the official who is entitled to appoint the official to office at least 30 days in advance in writing. Upon coming to an agreement of the referred to officials, the official may be retired from service prior to termination of the notice period.

(4) The official who is entitled to appoint an official to office has the rights to retire the official from service.

(5) It is not allowed to retire from service an official during the temporal work disability thereof (except the case referred to in Paragraph two, Clause 2 of this Section), as well as during the time period when the official is on vacation or does not fulfil the duties due to other justifiable reasons.

(6) If an official is retired from service due to the liquidation of the Institution or the position of the official or due to the reduction of the number of officials, the official shall be warned about it 30 days in advance.

(7) An official who is retired from service shall be disbursed a money compensation for the annual leave not used in the year of retirement and the preceding year and for supplementary leave, which is granted as an award. If the official, prior to retirement from service, has not used the annual leave, he or she shall be granted a leave allowance in proportion to the period of time served.

(8) If an official suspended in the cases referred to in Section 14, Paragraphs one, two and three of this Law has been recognised guilty for committing an intentional crime in accordance with the procedures specified by the Criminal Procedure Law and such official is retired from service, he or she shall be regarded retired from service due to the non-conformity to service from the day of suspension.

Section 48. Disbursement of Outstanding Claims of an Official

(1) In retiring an official from service, work remuneration, compensation for food rations and costs related to the retirement from service shall be calculated on the day of retirement and shall be transferred to the official's account in a credit institution within a time period of 3 working days.

(2) If, in retiring an official from service, a dispute regarding the amount of money pertaining to the official has arisen, the Institution, in accordance with the procedures specified in Paragraph one of this Section, has the duty to disburse the amount of money, which is not disputed.

Section 49. Statement Regarding Service

(1) The Institution has the duty, upon the request of the retired official or the request of a State or local government institution for the performance of functions thereof, to issue a written statement regarding the length of service of the retired official, fulfilled duties of office, deducted taxes and making of mandatory payments of State social insurance.

(2) The statement shall include the requested information, which the Institution may justify by documents present in the record-keeping or archives thereof.

Section 50. Transfer of Matters

An official who is being retired from service or transferred to another position shall hand over the service identification certificate, documents related to the fulfilment of office, files, material values to an official assigned by the head of the Institution, in signing the deed of delivery and acceptance, and shall settle accounts with the Institution.

Transitional Provisions

1. Persons who have been granted the special service rank and who hold office in the Ministry of the Interior shall continue service in the status of the official specified in this Law until retirement from service.

2. The condition provided for in Section 4, Clause 1 of this Law regarding the citizenship of Latvia shall not be the grounds for releasing from office and retirement from service of such officials who had entered into service until 31 December 2002 and hold office in the State Fire-Fighting and Rescue Service.

3. A person who is hired by the Institution in the status of a trainee shall continued work in accordance with the employment contract entered into. If the person is accepted into service after the end of the term of the traineeship, he or she shall not be determined a probation period.

4. For officials who hold office in the State Border Guard, the length of service calculated until 1 October 2006 shall be included in the term of service, which gives the right to a service pension in accordance with the procedures specified by the law. Such term of service shall not be taken into account in granting the allowance referred to in Section 37, Paragraph six of this Law.

5. For officials who hold office in the system of the Ministry of the Interior or the Prisons Administration, the term of service calculated until 1 October 2006 shall be included in the term of service.

6. The time period served without interruption since 1 October 2006 shall be included in the term of service, which gives officials the right to the allowance referred to in Section 37, Paragraph six of this Law, except the officials who hold office in the State Border Guard.

7. The time period served without interruption prior to 1 October 2006 shall also be included in the term of service, which gives officials who hold office in the State Border Guard the right to the allowance referred to in Section 37, Paragraph six of this Law.

8. Until 1 July 2016 the position of an official may also be occupied by a person who does not have higher education complying with the requirements of office.

9. Until the transfer of the Fire Safety and Civil Protection College and the State Border Guard College in subordination to the State Fire-Fighting and Rescue Service and the State Border Guard accordingly, the Minister for the Interior shall perform the functions in respect to the colleges specified in Section 8, Paragraph two, Section 9, Paragraph three, Section 12, Paragraph four, Section 14, Paragraph six, Section 15, Paragraph two, Section 16, Paragraph two, Section 33, Paragraph seven and Section 46, Paragraph two of this Law.

10. Until the issuance of new Cabinet Regulations, but not later than until 31 December 2006 Cabinet Regulation No. 567 of 14 October 2003, Regulations regarding Work Remuneration of Employees with Special Service Ranks of Institutions of the System of the Ministry of the Interior shall be applicable.

This Law shall come into force on 1 October 2006.

This Law has been adopted by the Saeima on 15 June 2006.

Acting for the President,
Chairperson of the Saeima I. Ūdre

Rīga, 30 June 2006

¹ The Parliament of the Republic of Latvia

Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)