The translation of this document is outdated.
Translation validity: 23.06.2010.–30.11.2010.
Amendments not included:
14.10.2010.,
16.12.2010.,
16.06.2011.,
15.12.2011.,
15.11.2012.,
13.12.2012.,
28.02.2013.,
19.09.2013.,
06.11.2013.,
28.11.2013.,
12.12.2013.,
19.12.2013.,
09.10.2014.,
30.10.2014.,
17.12.2014.,
30.11.2015.,
15.09.2016.,
23.11.2016.,
20.04.2017.,
26.10.2017.,
23.11.2017.,
20.09.2018.,
06.12.2018.,
06.03.2019.,
02.05.2019.,
14.11.2019.,
23.11.2020.,
10.12.2020.,
17.12.2020.,
21.12.2020.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending regulations of:
10 December 2009;
14 January 2010;
15 April 2010;
10 June 2010.
If a whole or part of a paragraph has been amended,
the date of the amending regulation appears in square
brackets at the end of the paragraph. If a whole
paragraph or sub-paragraph has been deleted, the date of
the deletion appears in square brackets beside the
deleted paragraph or sub-paragraph.
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The Saeima1 has adopted
and the President has proclaimed the following Law:
Law On Remuneration of Officials
and Employees of State and Local Government Authorities
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of this Law is to attain that equal conditions are
observed in the determination of remuneration for officials
(employees) of State and local government authorities.
Section 2. Application of this
Law
(1) The Law, taking into account the determined in Paragraph
two, three, four and five of this Section, shall apply to the
following officials (employees) of the State and local government
authorities:
1) the Cabinet;
2) the Chancellery of the Saeima and other structural
units of the Saeima;
3) the President's Chancery;
4) the State Audit Office;
5) the Office of the Ombudsman;
6) the Central Electoral Commission;
7) the Central Land Commission;
8) the Public Utilities Commission;
9) the National Radio and Television Council;
10) the Council of Higher Education;
11) the Service of Prevention of Money Laundering;
12) direct administration institutions;
13) mediated administration institutions;
14) local governments;
15) State established higher educational institutions;
16) scientific institutions of the State established higher
educational institutions (hereinafter - scientific
institutes);
17) planning regions; and
18) public foundations.
(2) This Law shall apply also to those officials (employees)
who regardless of their occupation in the authorities referred to
in Paragraph one of this Section are:
1) employees of courts;
2) employees of the Prosecutor's Office;
3) members of the port authorities;
4) medical practitioners employed in local government
institutions, State and local government capital companies or
public-private capital companies who have entered into an
agreement regarding a health care service to be provided, and who
provide health care services paid from the State budget, or
medical practitioners who provide health care services paid by
local government budgets in local government educational
institutions.
(3) Only Paragraph eight and nine of Section 3 of this Law
shall apply to the President, deputies of the Saeima,
judges, prosecutors, educators in accordance with the list of
positions of educators, persons employed in the academic
positions of the scientific institutes, administrators of the
ports and other employees of ports.
(4) The Law shall not apply to the officials (employees) of
the Bank of Latvia and officials (employees) of the Financial and
Capital Market Commission, however these authorities shall ensure
that the information regarding the criteria for determination of
remuneration of officials (employees) and the amount of work
remuneration in division by position groups in accordance with
the procedures specified in regulatory enactments is published on
the Internet homepage of the relevant authority.
(41) Only this Paragraph and Paragraph eight of
Section 3 of this Law shall apply to the State or local
government capital companies, public-private capital companies
and capital companies in which the State, local government or
public-private company own all the capital share, except for the
capital companies referred to in Paragraph two, Clause 4 of this
Section. Other norms of this Law in respect of the referred to
capital companies shall be applied in cases and amount specified
in other laws. Information regarding these capital companies,
except credit institutions, criteria for determination of
remuneration of officials (employees) and the amount of work
remuneration in division by position groups in accordance with
the procedures specified in regulatory enactments shall be
published on the Internet homepage of the relevant capital
company or shareholder, if at least one of the following
conditions exists:
1) the capital company receives State budget resources, State
budget subsidy or payment for provided service for performance of
functions delegated by the State or implementation of a
government order (public or national remit) or compensation for
losses providing a universal service, except an instrument of
European Union policies and financial assistance of other foreign
states;
2) the capital company does not receive the State budget
resources, but fulfils the tasks of the State administration
delegated to it or the activity thereof is related with
administration of payments into the State budget;
3) the capital company fulfils the functions assigned to it by
the law to administer and manage State property or to organise
privatisation of the State property;
4) the capital company receives resources from local
government budgets, subsidy of local government budgets, payment
for provided services for performance of local government tasks
or the State administration tasks delegated thereto or a local
government has increased the equity capital of this capital
company or provided a guarantee for a loan thereof, except an
instrument of European Union policies and financial assistance of
other foreign states; or
5) the capital company has been established in order to
participate in fulfilment of the autonomous functions of a local
government.
(42) The duties specified in Paragraph
4.1 of this Section shall apply also to associations
and foundations which provide implementation of a government
order (public and national remit) and the financing resources of
which in an amount of more than 50 percent are made by State
budget financing, other than the resources of instruments of
European Union policies and financial assistance of other foreign
states.
(5) This Law shall not apply to national guardsmen, employees
of joint technical secretariats of the programmes of the
Objective 3 "European Territorial Co-operation" of the European
Union Structural Funds and employees of the secretariat of the
spatial planning initiative of the countries around the Baltic
Sea VASAB, as well as to convicted persons employed at the places
of imprisonment.
(6) Persons referred to in Paragraph two of this Section or
employed in the authorities referred to in Paragraph one of this
Section on the basis of an employment contract, who fulfil civil
service, have been elected, approved or appointed in the position
or who otherwise fulfil certain duties of office (service, work)
in the State or local government authority shall be considered as
officials (employees) of the State or local government
authorities.
(7) Employment legal relations, position legal relations or
norms of the regulatory enactments regulating the course of the
service shall be applied to officials (employees) in so far as it
is not determined by this Law.
[14 January 2010; 15 April
2010]
Chapter II
Remuneration System
Section 3. Compensation
(1) Within the meaning of this Law, work remuneration, social
guarantees and leave shall form the remuneration of officials
(employees) of the State and local government authorities. Within
the meaning of this Law, work remuneration shall be monthly
salary, additional payments and bonuses. Social guarantees,
within the meaning of this Law, shall be compensation, insurance
and the covering of expenditure determined in this Law.
(2) A State or local government authority shall, in developing
regulatory enactments and collective agreements, consult the
representatives of officials (employees) regarding remuneration
in accordance with the regulatory enactments regulating
employment legal relations, position legal relations or course of
the service.
(3) A State or local government authority shall not disburse
and intend another remuneration for an official (employee) in
internal laws and regulations, binding regulations of the local
government, collective agreements and labour contracts other than
that which is determined in this Law, except the cases provided
for in Paragraph four and five of this Section.
(4) A State or local government authority may, within the
framework of the financial resources granted to it, provide
remuneration for officials (employees) in internal laws and
regulations, binding regulations of the local government,
collective agreements and labour contracts only for shortening of
the duration of a working day for one hour before holidays, one
paid holiday on the first day at school because of commencement
of school-time of a child in Grade 1-4 and not more than three
paid holidays because of entering into marriage. These additional
social guarantees do not provide the right to request additional
financing from the State or local government budget.
(5) Paragraph three of this Section shall not apply to cases
when:
1) The Latvian Academy of Sciences, a State established higher
educational institution or scientific institute or institutions
established by them disburse a remuneration to officials
(employees) from the resources obtained for the performance of
scientific activity, or a remuneration (except bonuses and social
guarantees) is not disbursed from the State budget resources;
2) a remuneration is not disbursed from the State or local
government budget resources to medical practitioners, who provide
health care service paid from the State budget and who are
employed in capital companies of the State and local governments
or public-private capital companies which have entered into an
agreement regarding health care service to be provided;
3) a local government uses a possibility provided for in this
Law to decide by itself regarding granting of a part, amount or
disbursement of the relevant remuneration;
4) a local government or planning region determines a
remuneration determined for an official (employee) employed in
the authorities referred to in this Law in a lesser amount or
decides to not apply the relevant element of the remuneration.
This Clause shall not apply to general additional payments
specified in this Law, annual paid leave and severance pay;
5) taking into account restrictions determined in this
Law:
a) a sick-pay is disbursed in cases provided for in the
law,
b) a remuneration is disbursed in cases provided for in the
law for a period of time when an employee does not perform work
or fulfil his or her office (service) due to justified
reasons,
c) expenditures necessary for performance of position
(service, work) are reimbursed,
d) expenditures in relation to sending of an official
(employee) to carry out a health examination are covered in cases
specified in the law,
e) a remuneration is disbursed in cases provided for in the
law or the Cabinet Regulations in order to observe labour safety
requirements or to perform labour safety measures;
6) a remuneration is determined in cases provided for and in
the amount determined in the law or the Cabinet Regulations for a
representative of a holder of the State or local government
shares or a responsible official;
7) the State Agency of Medicines pays for the work performed
by those officials (employees) who are directly involved in the
implementation of the relevant co-operation agreements from the
resources obtained from co-operation agreements with institutions
of European Union or Member State thereof; or
71) the State Audi Office pays for the work
performed by those officials (employees) who are directly
involved in the implementation of the relevant co-operation
agreements from the resources obtained from international
co-operation agreements.
(6) A State or local government authority shall, in cases
referred to in Paragraph four and five of this Section, shall
itself determine the conditions and procedures for disbursement
of the referred to remuneration part, in so far as it is not in
contradiction with external regulatory enactments.
(61) A deputy of a local government who does not
hold a paid position shall receive a monthly salary in accordance
with Section 5 of this Law and he or she has the right only to
compensations determined in Section 29, 32 and 33 of this Law and
the insurance determined in Section 38.
(62) A deputy of a local government city council
who holds a paid position in the city council, as well as the
officials referred to in Section 6 of this Law do not have the
right to the general additional payments determined in Section
14, Paragraph four and six of this Law. Officials referred to in
Section 6, Paragraph one and Paragraph two, Clauses 1, 3, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14 un 15 of this Law also do not have
the right to the general additional payments determined in
Section 14, Paragraph one of this Law.
(63) If it is useful and the financial resources
are available, an official (employee) who is not employed
permanently in the relevant State or local government authority,
but is appointed, elected or approved in the position (for
example, commissions, advisory councils, working group) for
fulfilment of certain duties and he or she does not enter into
employment legal or service relations, a monthly salary may be
determined in proportion with the time period worked.
Expenditures related with a business trip may be reimbursed for
such official (employee), but he or she does not have the right
to other remuneration determined in this Law and the amount of
the monthly salary for him or her may not exceed the amount of
average monthly work remuneration which is rounded to lats
applying a coefficient 0.5. An official (employee) employed
permanently in the relevant State or local government authority,
if the law allows holding of more than one job, if the duties of
the other job do not include the duties of his or her permanent
office (service, work) and he or she is appointed, elected or
approved in the positions referred to in the first sentence of
this Paragraph as a private person or a representative of the
organisation, is entitled to receive both monthly salaries
without taking into account the restrictions determined in
Section 14, Paragraph one of this Law.
(7) A remuneration determined in the regulatory enactments for
officials (employees) of a State or local government authorities
shall be reviewed assessing the economic situation in the country
(changes in gross domestic product, changes in productivity,
inflation, deflation) and taking into account other justified
criteria. A unified approach shall be applied for review of
remuneration by the both, State and local government
authorities.
(8) The Cabinet shall determine a remuneration and person
registration system (database) of officials (employees) of the
State direct administration institutions, as well as a
remuneration registration system (database) of officials
(employees) of other State and local government authorities and
capital companies referred to in Section 2, Paragraph
4.1 of this Law.
(9) A State or local government authority shall, in accordance
with the procedures specified in regulatory enactments, publish
the information on the Internet homepage thereof regarding an
official (employee), except the officials (employees) referred to
in Section 9 and 10 of this Law, criteria for determination of
remuneration and amount of work remuneration in division by
position groups. More information regarding remuneration of an
official (employee), as well as of an official (employee)
referred to in Section 9 and 10 of this Law, shall be provided in
accordance with the procedures and in the amount specified in
regulatory enactments.
[10 December 2009; 14 January 2010;
10 June 2010]
Chapter III
Monthly Salary
Section 4. General Principles for
Determination of the Amount of Monthly Salary in a Division by
Position Groups
(1) The amount of the monthly salary for officials (employees)
of State authorities shall be determined so that the monthly
salary does not exceed the monthly salary determined for the
Prime Minister, except the case referred to in Paragraph seven
and eight of this Section. The amount of the monthly salary for
officials (employees) of local government authorities shall be
determined so that the monthly salary does not exceed the maximum
monthly salary determined for the chair of the local government
city council.
(2) The amount of the monthly salary for officials elected,
approved and appointed by the Saeima, except the Head of
the Corruption Prevention and Combating Bureau, and deputies of a
local government city council shall be determined in accordance
with the procedures provided for in this Law, applying the
relevant coefficient to the amount of the average monthly
remuneration for work for the workforce in the State as published
in the official statistical notification of the Central
Statistical Bureau of the year before last (hereinafter - amount
of the average monthly remuneration for work), which is rounded
off to full lats.
(3) The amount of the monthly salary for officials (employees)
of the State direct administration institution shall be
determined by classifying the positions in accordance with the
catalogue of positions of the State and local government
authorities determined by the Cabinet and taking into account the
group of monthly salaries appropriate for the position, as well
as the degree of qualification of the official (employee).
(4) The amount of the monthly salary for officials (employees)
of the Central Electoral Commission, the Central Land Commission,
the National Radio and Television Council, the court and
Prosecutor's Office, the President's Chancery, the Saeima
Chancellery and other structural units of the Saeima, the
State Audit Office, the Office of the Ombudsman, the Service of
Prevention of Money Laundering, the Public Utilities Commission,
public foundations, local governments, the Latvian Academy of
Sciences, the Council of Higher Education, planning regions,
mediated administration institutions, for the general personnel
of the State established higher educational institutions, who do
not hold the positions determined in the list of positions for
educators, and for persons employed in scientific institutions,
who do not hold academic positions, shall be determined taking
into account the value of the position (level and complicacy of
responsibility), as well as the assessment of the individual
qualification and skill of a particular official (employee).
(41) The amount of monthly salary for officials
with special service ranks of the Ministry of the Interior system
institutions and the Prisons Administration shall be determined
in accordance with the position category and level, taking into
account the specifics of the duties of office and level of
responsibility, as well as term of service.
(5) The amount of monthly salary for soldiers shall be
determined in accordance with the service rank and term of
service.
(6) The amount of the monthly salary for medical practitioners
employed in local government institutions, State and local
government capital companies or public-private capital companies
who have entered into agreement regarding a health care service
to be provided, and who provide health care services paid from
the State budget, and for medical practitioners who provide
health care services paid from the local government budgets in
local government educational institutions shall be determined in
accordance with the assessment of the position.
(7) The amount of monthly salary for the members of the board
of the port shall be determined in accordance with the division
of ports.
(8) The monthly salary of the officials (employees) of the
State agency "Civil Aviation Agency" which is not determined in
accordance with Paragraph three of this Section and Section 7 of
this Law shall be determined so that it could ensure the
fulfilment of requirements of the European Union and
International Civil Aviation Organisation.
[15 April 2010]
Section 4.1 Peculiarities for
Determination of the Monthly Salary in Case of Part-time Working
Hours
If an official (employee) is employed in several positions in
one State or local government authority for which different
duties have been determined and for part-time in each position,
but not exceeding normal working hours altogether, the monthly
salary for him or her in accordance with this Law and other
regulatory enactments shall be determined separately for each
position in compliance with the time worked. Such official
(employee) also has the right to payment of overtime determined
in the law. Restrictions for employment in several State or local
government authorities are determined by other laws, but Section
14 of this Law determines restrictions for payment of other
additional duties.
[15 April 2010]
Section 5. Monthly Salary of
Deputies of a Local Government City Council
(1) The monthly salary of deputies of a local government city
council shall not exceed the amount of the average monthly
remuneration for work rounded off to full lats and to which the
following coefficient shall be applied:
1) for the chair of a local government city council - up to
3.64;
2) for the deputy chair of a local government city council -
up to 3.2;
3) for the chair of a committee of a local government city
council - up to 2.55; and
4) for the deputy of a local government city council - up to
1.2.
(2) A local government city council shall regulate the
procedures for determination of the monthly salary referred to in
Paragraph one of this Section and the amount thereof, not
exceeding the restrictions specified in Paragraph one of this
Section. If the official referred to on Paragraph one, Clauses 2,
3 and 4 of this Section does not hold a paid position in the
local government city council, his or her monthly salary shall be
determined in proportion to the time worked.
(3) A deputy of a local government city council who does not
hold a paid position in the city council shall receive a monthly
salary determined in accordance with Paragraph one and two of
this Section for performance of the duties of a member in the
city council and other positions. Such deputy shall receive a
monthly salary for performance of other duties of office (work)
in the local government in accordance with the relevant duties of
office (work).
(4) A deputy of a local government city council who holds a
paid position in the city council and at the same time performs
other duties of office (work) which are to be considered as
additional work in local government, shall receive according to
his or her choice respectively one of monthly salaries and
additional payment to the monthly salary in accordance with
provisions of Section 14 of this Law.
[15 April 2010]
Section 6. Monthly Salary of Officials Elected,
Approved and Appointed by the Saeima, Except the Head of
the Corruption Prevention and Combating Bureau
(1) The monthly salary for the members of the Cabinet and
parliamentary secretaries shall be determined applying the
following coefficient for the amount of average monthly
remuneration for work which is rounded off to full lats:
1) for the Prime Minister - 4.05;
2) for the Deputy Prime Minister - 3.85;
3) for a Minister, Minister for Special Assignments - 3.648;
and
4) parliamentary secretary - 2.837.
(2) The monthly salary for officials elected, approved and
appointed by the Saeima - a State controller and members
of the Board of the State Audit Office, the Chair and members of
the Board of the Public Utilities Commission, the Ombudsman, the
Chairperson and members of the National Radio and Television
Council, the Chair of the Central Election Commission, his or her
Deputy, Secretary and members of the Commission, the Chair of the
Central Land Commission, the Chair of the Council of Higher
Education - shall be determined applying the following
coefficient for the amount of average monthly remuneration for
work which is rounded of to full lats:
1) for a State controller - 4.05;
2) for a member of the Board of the State Audit Office -
3.32;
3) for the Chair of the Board of the Public Utilities
Commission - 3. 97;
4) for a member of the Board of the Public Utilities
Commission - 3. 32;
5) for the Ombudsman - 3.41
6) for the Chair of the National Radio and Television Council
- 2.54;
7) for the Deputy Chair of the National Radio and Television
Council - 2.50;
8) for a member of the National Radio and Television Council -
1.59;
9) for the Chair of the Central Election Commission -
3.32;
10) for the Deputy Chair of the Central Election Commission -
2.82;
11) for the Secretary of the Central Election Commission -
2.82;
12) for a member of the Central Election Commission -
2.12;
13) for the Chair of the Central Land Commission - 0.80;
14) for the Chair of the Council of Higher Education -
2.33;
15) for a member of the Council of Higher Education -
0.22.
(3) The officials referred to in Paragraph two, Clause 12 and
15 of this Section shall receive the monthly salary in proportion
to the time worked.
[15 April 2010]
Section 7. Monthly Salary of Officials (Employees)
of State Direct Administration Institutions
(1) The monthly salary for the officials (employees) of a
State direct administration institution shall be determined
taking into account the group of monthly salaries appropriate to
the position, as well as the degree of qualification of the
official (employee). The group of monthly salaries appropriate to
the position shall be determined on the basis of the position
family and level. The position family and level shall be
determined in conformity with the catalogue of positions of State
and local government authorities determined by the Cabinet.
(2) The catalogue of positions of State and local government
authorities provides a systematised summary of functions
determined for the positions in these authorities. The functions
appropriate for the position shall be arranged in functional
groups - position families. A position family shall contain the
basic functions of the positions, namely, similar work
assignments and basic duties. Positions shall be divided by
levels in a position family which characterise the main
differences between the positions of one family, taking into
account the complexity of duties, responsibility and
administration functions. A characterisation of the levels,
description of position families, as well as description of the
basic duties appropriate for the relevant positions shall be
provided in the catalogue of positions.
(3) The Cabinet shall determine:
1) a catalogue of the positions of State and local government
authorities;
2) qualification levels of officials (employees), procedures
for determination thereof in compliance with the assessment of
the duties of office or work performance, in which the
performance of assignments or achievement of objectives planned
for the previous period are taken into account, and with
experience in the position (service, work) in the State and local
government authorities, as well as the groups of monthly
salaries, amounts and procedures for determination of the monthly
salary.
(4) A monthly salary for an official (employee) who is
appointed for work in an institution of the European Union or the
Member State thereof shall be retained in accordance with the
procedures specified in regulatory enactments.
[15 April 2010]
Section 8. Monthly Salary for Officials with Special
Service Ranks of the Ministry of the Interior System Institutions
and the Prisons Administration
(1) The amount of monthly salary for officials with special
service ranks of the Ministry of the Interior system institutions
and the Prisons Administration, except officials (employees) of
the Security Police, taking into account the position category
and level, specifics of the duties of office and level of
responsibility, term of service and procedures for determination
of monthly salary, as well as the amount of the monthly salary
for officials with special service ranks - professional sportsmen
- of the Ministry of the Interior system institutions and the
procedures for determination thereof shall be regulated by the
Cabinet.
(2) The monthly salary for an official with a special service
rank of the Ministry of the Interior system institution or the
Prisons Administration , who has been appointed in the position
of cadet and prior to commencement of training in the education
institution of the system of the Ministry of the Interior or the
Prisons Administration he or she has not received another
position of an official with a special service rank of the
Ministry of the Interior system institution or the Prisons
Administration, shall comply with the minimum monthly
remuneration for work determined in the State.
(3) The monthly salary for an official with a special service
rank of the Ministry of the Interior system institutions or the
Prisons Administration, who is appointed in the position of a
civil servant of the State civil service in the Ministry of the
Interior or Ministry of Justice for a definite period of time in
the State interests, shall be determined in compliance with the
relevant position of a civil servant, but the amount thereof may
not be less than the amount of the previous monthly salary.
Section 9. Monthly Salary of Soldiers and Military
Employees
(1) The amount of the monthly salary for a soldier and the
procedures for determination thereof, taking into account a
service rank and term of service, as well as the amount of
monthly salary for an official (employee) - professional
sportsman - of the Ministry of Defence and the procedures for
determination thereof shall be regulated by the Cabinet.
(2) A soldier, who is appointed in the position appropriate to
a higher service rank, shall receive additional payment in the
amount of the difference between monthly salaries during the
performance of such position. A soldier, who is appointed in the
position appropriate to a lower service rank, shall receive a
monthly salary in compliance with his or her service rank during
the performance of such position.
(3) A soldier, who is appointed in the position of a civil
servant in the State civil service or in another position for a
definite period of time, shall receive a monthly salary
determined for a soldier and benefits and compensations
determined for a soldier during the performance of such
position.
(4) If a soldier receives sickness benefit and the amount of
it is less than the monthly salary of the soldier, such
difference shall be compensated for him or her from the resources
granted for remuneration.
(5) A soldier dismissed from a position shall receive a
monthly salary and a soldier's food rations or compensation
thereof. A soldier shall not receive a monthly salary, additional
payments, soldier's food rations or compensation thereof and a
compensation for covering of expenses for rental of living
quarters and public utilities for a period of time, while a
soldier is away from a unit of the National Armed Forces or place
of service without a justified reason or he or she has not
arrived at the place of service on a specified time without a
justified reason, as well as for a period of time spent on
arbitrary absence, and this period of time shall not be included
in his or her term of service. While a soldier is under arrest,
he or she shall be provided with food does, but a monthly salary,
additional payments and a compensation for covering of expenses
for rental of living quarters and public utilities shall not be
disbursed for him or her.
(6) A military employee shall receive a monthly salary, which
is intended for a soldier with a service rank appropriate to the
relevant position in the first year of the soldier's service, and
a soldier's food rations or a compensation thereof.
[14 January 2010]
Section 10. Monthly Salary of
Officials (Employees) of State Security Institutions
The amount of the monthly salary of officials (employees) of
the State security institutions and procedures for determination
thereof shall be regulated by the Cabinet.
Section 11. Monthly Salary of
Officials (Employees) of Other State and Local Government
Authorities
(1) The monthly salary for officials (employees) of the
Central Electoral Commission, the Central Land Commission, the
National Radio and Television Council, the court and Prosecutor's
Office, the Office of the Ombudsman, the Service of Prevention of
Money Laundering, the Public Utilities Commission, public
foundations, scientific institutes, the Latvian Academy of
Sciences, the Council of Higher Education, local governments,
planning regions, mediated administration institutions, for the
general personnel of the State established higher educational
institutions, who do not hold positions determined in the list of
positions for educators, and for persons employed in scientific
institutions, who do not hold academic positions, shall be
determined taking into account the value of the position (level
and complexity of responsibility), as well as the assessment of
individual qualification and skill of a particular official
(employee), but these monthly salaries may not exceed the monthly
salaries determined for the officials (employees) of direct
administration institutions who perform positions of similar
responsibility and complexity. Positions shall be classified in
accordance with the catalogue of positions of State and local
government authorities, position family and level shall be
determined, the classification results shall be approved by the
officials (authorities) determined in the regulatory enactments
regulating the functioning of these authorities.
(2) The monthly salary of the officials (employees) of the
State Audit Office, the President's Chancery, the Saeima
Chancellery and other structural units of the Saeima shall
be determined by the officials (authorities) determined in the
regulatory enactments regulating the functioning of these
authorities, taking into account the value (level and complexity
of responsibility) of the position and the assessment of the
individual qualification and skill of a particular official
(employee), as well as the monthly salaries determined for the
positions of officials (employees) of direct administration
institutions of similar responsibility and complexity.
[15 April 2010]
Section 12. Monthly Salary of Medical
Practitioners
The lowest monthly salaries for medical practitioners employed
in local government institutions, State and local government
capital companies or public-private capital companies which have
entered into an agreement regarding a health care service to be
provided, and who provide health care services paid from the
State budget, and for medical practitioners who provide health
care services paid from the local government budgets in local
government educational institutions shall be determined by the
Cabinet.
Section 13. Monthly Salary of a
Member of the Board of a Port
The amount of the monthly salary of a member of the board of a
port and the procedures for determination thereof shall be
determined by the Cabinet in accordance with the division of
ports.
Section 13.1 Monthly
Salary of Officials (Employees) of the State Agency "Civil
Aviation Agency"
The amount of the monthly salary for the officials (employees)
of the State agency "Civil Aviation Agency" and the procedures
for determination thereof, in ensuring the fulfilment of
requirements of the European Union and International Civil
Aviation Organisation, shall be determined by the Cabinet.
[15 April 2010]
Chapter IV
Additional Payments
Section 14. General Additional
Payments
(1) An official (employee) shall receive an additional payment
not more than in an amount of 20 per cent of the monthly salary
determined for him or her, if she or he replaces an absent
official (employee) in addition to his or her direct duties of
office (work, service), performs the duties of a vacant office
(service, work) or performs other duties in addition to the
duties specified in the position description. A medical
practitioner shall receive an additional payment which is not
more than 50 per cent of the monthly salary determined for him or
her for performance of the duties of office of an absent medical
practitioner, as well as those of a vacant medical practitioner
position. An official with a special service rank of the Ministry
of the Interior system institutions or the Prisons Administration
shall receive an additional payment for additional pedagogical
work in an educational institution in which the relevant official
holds a position, if the performance of pedagogical work is not
included in the duties of office of the official, and such
additional payment may not be more than 50 per cent of the
monthly salary determined for the relevant position of the
educator. A soldier shall receive an additional payment for
pedagogical work in a military educational institution, if his or
her duties of office do not include performance of pedagogical
work and such additional payment may not be more than 30 per cent
of the monthly salary determined for a soldier. The amount of an
additional payment, the substantiation for its determination, as
well as a period of time for which the additional payment is to
be determined, shall be regulated by a competent official
(authority) of the State or local government authority.
(2) If several additional payments referred to in Paragraph
one of this Section have been determined for an official
(employee), the total sum of them may not exceed 20 per cent of
the monthly salary. If several additional payments have been
determined for a medical practitioner for different work to be
performed additionally, the total sum of the additional payments
may not exceed 50 per cent of the monthly salary. An official
with a special service rank who in accordance with Paragraph one
of this Section receives an additional payment for pedagogical
work and the other additional payment referred to in Paragraph
one of this Section, the total sum of additional payments may not
exceed 50 per cent of the monthly salary determined for an
official. A soldier who in accordance with Paragraph one of this
Section receives additional payment for pedagogical work in a
military educational institution and the other additional payment
referred to in Paragraph one of this Section, the total sum of
the additional payments may not exceed 30 per cent of the monthly
salary determined for an official.
(3) An additional payment for replacement of an absent
official (employee) or performance of the duties of a vacant
position (service, work) may be determined for not more than two
officials (employees). The additional payment for performance of
the duties of the vacant position (service, work) may be
determined for a period of time of up to four months during the
existence of the vacancy.
(4) Officials (employees), except soldiers, shall receive an
additional payment for night-work in the amount of 50 per cent of
the hourly salary determined for them.
(5) A medical practitioner for work in the provision of first
aid, a medical practitioner who works in a maternity or newborn
ward, as well as a driver of a first aid vehicle shall receive an
additional payment for night-work in the amount of 75 per cent of
the hourly salary determined for the relevant employee.
(6) Officials (employees), except soldiers and officials with
special service ranks of the Ministry of the Interior system
institutions and the Prisons Administration, shall receive
additional payment for overtime work and for work on holidays in
the amount of 100 per cent of the hourly salary determined for
them, or compensate overtime work for them by granting rest time
on another weekday.
(7) The performance of service duties over the determined time
for fulfilment of service duties shall be compensated for
officials with special service ranks of the Ministry of the
Interior system institutions and the Prisons Administration by
granting rest time the duration of which complies with the time
over the determined time for fulfilment of service duties.
(8) Overtime work for an official (employee) for whom a normal
weekly working time is determined shall be paid for each calendar
month in accordance with the working time registration data.
(9) For an official (employee) for whom aggregated working
time is determined, his or her reporting period shall be four
months, if another reporting period is not determined in
regulatory enactments or collective agreement. Overtime shall be
paid which is worked during four months over the total amount of
hours of normal working time. The time when work is not performed
due to justified reasons is not included in the total amount of
hours of normal working time.
(10) A payment shall be determined for performance of service
duties over the determined time for fulfilment of service duties
(taking into account the number of overtime hours) for an
official of the institution of the system of the Ministry of the
Interior or Prisons Administration with a special service rank in
compliance with the hourly salary determined for him or her, as
well as an additional payment shall be determined in the amount
of 100 per cent of the hourly salary determined for him or her,
if the official is involved in the fulfilment of service duties
over the determined time for fulfilment of service duties:
1) in order to ensure events especially significant for the
State, eliminate consequences of accidents and natural disasters,
provide public order and security or perform other extraordinary
duties and the State budget resources have been granted in
accordance with a special Cabinet decision or intended in the
Annual State Budget Law for such purpose;
2) in order to ensure public order and security in public
sports or culture events of public significance, if the payment
is performed from the income of the institution for provided pay
services;
3) in order to ensure implementation of the projects of
instruments of the European Union policies or other projects
financed or co-financed by foreign financial assistance, if the
payment is performed from the financial resources granted for the
implementation of these projects.
[10 December 2009; 14 January 2010;
15 April 2010]
Section 15. Special Additional
Payments
(1) An official (employee) shall receive special additional
payments for work (service) related to special risk, for
conditions related to the specifics of a position (service,
work), for a diplomatic rank, term of service and special service
rank. Special additional payments, amounts thereof and procedures
for granting and disbursement shall be regulated by the
Cabinet.
(2) A position (service, work) which in accordance with work
environment risk assessment is related to increased psychological
or physical load to such extent or risk for employee's safety and
health, that it can not be prevented or diminished up to an
admissible level using labour protection measures shall be
considered as a special risk within the meaning of this
Section.
(3) Special additional payments for an official (employee) of
a local government for work related to special risk and for
conditions related to the specifics of the position (work), as
well as the list of those officials (employees), for whom such
additional payments are due, and the amount of such additional
payments shall be determined by the city council of the relevant
local government. The amount of additional payments may not
exceed the amount of special additional payments determined by
the Cabinet for officials (employees) of direct administration
institutions.
[15 April 2010]
Chapter V
Bonuses
Section 16. Bonuses
(1) Officials (employees), except the officials referred to in
Section 5, 6 and 13 of this Law may be awarded in cases and in
accordance with the procedures referred to in Paragraph two and
three of this Section. Not more than 15 per cent of the amount of
resources granted for remuneration may be used during a calendar
year for disbursement of bonuses.
(2) A bonus may be disbursed for the officials (employees),
except officials with special service ranks of the Ministry of
the Interior system institutions and the Prisons Administration
once a year in accordance with the annual assessment of activity
and its results the amount of which may not exceed 120 per cent
of the monthly salary. The amount of bonus for the State direct
administration institutions and procedures for disbursement shall
be determined by the Cabinet, but for other State or local
government authorities - by the officials (authorities)
determined in the regulatory enactments regulating the activity
of these authorities.
(3) Not more than twice a year in accordance with the
procedures and criteria determined by the State or local
government authority an official (employee) may be awarded for
work quality and work contribution in fulfilment of tasks planned
for the relevant period by the relevant authority or unexpected
and extraordinary tasks, as well as for courageous and
self-denying behaviour in performing the duties of office (work,
service). The amount of the each time bonus may not exceed 120
per cent of the monthly salary.
(4) An official with a special service rank of the Ministry of
the Interior system institutions, official of the institution of
pre-trial investigation to whom this Law applies, as well as an
official of a local government police may be awarded in
accordance with the procedures and criteria specified in the
State authority in addition to that which is specified in
Paragraph three of this Section for prevention or disclosure of
such crime, which has caused or may cause substantial damage. The
amount of the each time bonus may not exceed 120 per cent of the
monthly salary.
[15 April 2010]
Chapter VI
Benefits
Section 17. Discharge Benefit or
Retirement Allowance
(1) A discharge benefit or retirement allowance shall be
disbursed in the following amount for officials (employees),
except soldiers with whom position (service, employment)
relations have been terminated in relation to liquidation of the
authority or position, reduction of the number of officials
(employees), health condition non-complying with the determined
requirements for a position (service, work), attaining a certain
age after which being in the service is not admissible, in
relation to reaching the length of service determined for the
receipt of a long service pension, as well as in the case when an
official (employee) is renewed in the position (service, work),
who performed the relevant duties of office (service, work)
previously:
1) in the amount of one average monthly earnings, if the
official (employee) has been employed in the State or local
government authorities continuously for less than five years;
2) in the amount of two average monthly earnings, if the
official (employee) has been employed in the State or local
government authorities continuously for five to 10 years;
3) in the amount of three average monthly earnings, if the
official (employee) has been employed in the State or local
government authorities continuously for 10 to 20 years; or
4) in the amount of four average monthly earnings, if the
official (employee) has been employed in the State or local
government authorities continuously for more than 20 years.
(11) A discharge benefit for an official (employee)
who is employed in accordance with the Labour Law shall be
disbursed in the amount specified in Paragraph one, Clauses 1, 2,
3 or 4 of this Section and taking into account the provisions of
Paragraph two and four of this Section, if notice is given for a
contract of employment on the basis of Section 100, Paragraph
five, Section 101, Paragraph one, Clause 6 or 11 of the Labour
Law.
(2) Employment of an official (employee) shall be considered
as uninterrupted even then, if the time from termination of a
position (service, employment) legal relations in the State or
local government authority to resuming them in the same or
another State or local government authority is not longer than
one month. Time of interruption shall not be included in the
worked time specified in Paragraph one of this Section.
(3) If it is offered for an official (employee), who is
dismissed from a position (service, work), to continue fulfilment
of the duties of office (service, work) on the basis of that
which is referred to in Paragraph one of this Section in the same
or another authority and if an official (employee) agrees to such
offer, a discharge benefit or retirement allowance shall not be
disbursed to him or her.
(4) If an official (employee), for whom a discharge benefit or
retirement allowance has been disbursed, is renewed in the
position (service, work) and position (service, employment) legal
relations are repeatedly terminated with him or her, the
discharge benefit or retirement allowance shall not be disbursed
to him or her for the time worked for which the allowance has
been already disbursed.
(5) When retiring a soldier from active service he or she
shall be paid a retirement allowance if the retirement takes
place:
1) due to the attainment of the maximum age prescribed for
active service, when terminating the professional service
contract before the end of the term due to the state of health (a
trauma, disability or illness acquired during the time of service
while performing service duties) or due to abolition
(reorganisation, reduction of the number of soldiers) of the unit
(sub-unit) and the soldier is not offered another position, as
well as, when the professional service contract terminates before
the attainment of the maximum age prescribed for active service -
in the amount of the monthly salary and additional payments of
the last month;
2) upon termination of the professional service contract
before the end of the term due to the abolition (reorganisation,
reduction of the number of soldiers) of the unit (sub-unit) and
if the soldier refuses the position offered - in the amount of
the salary for the previous two weeks;
(6) When retiring a soldier from active service due to other
reasons, he or she shall only be paid monthly salary and
additional payments until the day of retirement.
(7) The retirement allowance provided for in Paragraph five,
Clause 1 of this Section shall be disbursed for a soldier, who
prior to retirement from active service took part in an
international operation or has been involved in rapid response
forces in the territory of Latvia, taking into account the
monthly salary and additional payments of the last month which
were determined for him or her at the place of basic service in
Latvia.
(8) If the employment contract of a military employee expires
in relation to the appointment of a soldier to the position he or
she holds, the military employee shall be paid a discharge
benefit in the amount of the average monthly earnings.
(9) A discharge benefit in the amount of one monthly salary
shall be disbursed:
1) for an official elected, approved or appointed by the
Saeima, upon leaving a position by him or her after the
end of the two terms of office provided that he or she is not
elected, approved or appointed in this position repeatedly;
2) for a member of the Cabinet or parliamentary secretary
after he or she has ceased to perform the duties of office; A
benefit shall not be disbursed, if a member of the Cabinet or
parliamentary secretary is a deputy of the Saeima at the
time of loss of a position. A benefit shall not be disbursed for
a parliamentary secretary even then, if he or she continues to
fulfil the duties of an advisory official or employee of a member
of the Cabinet after dismissal from a position of a parliamentary
secretary;
3) for an advisory official or employee of a member of the
Cabinet upon termination of the employment contract which has
been entered into for the term of office of the member of the
Cabinet. If an advisory official or employee of a member of the
Cabinet continues the work in the same or another State or local
government authority or continues the work on the basis of new
contract which has been entered into for the term of office of
the member of the Cabinet, a discharge benefit shall not be
disbursed for him or her. If a person is an advisory official
(employee) of two or several members of the Cabinet at the time
of loss of a position, he or she shall receive one discharge
benefit upon his or her choice;
4) for a deputy of a local government city council who is
discharged from a previous position (service, work) in relation
to election in a paid position in the city council, after he or
she has terminated to fulfil the duties of such position upon
termination of the term of office of the deputy and he or she is
not ensured with a previous or equal job within two weeks. Such
benefit shall be disbursed also for a deputy of the city council,
if he or she is discharged from a position in relation to such
decision of the city council, which is not substantiated by the
duty specified in the law or in the by-laws of the local
government, a decision of the relevant local government city
council, non-fulfilment of judgements, non-observance of laws and
Cabinet Regulations;
5) for a member of the board of a port, if he or she has been
withdrawn from a position, except for the cases when withdrawal
is substantiated by violation of powers, non-fulfilment of duties
or inappropriate fulfilment of duties, thus causing substantial
damage for the port.
(10) If a person is a parliamentary secretary and advisory
official or employee of a member of the Cabinet at the time of
loss of a position, he or she shall receive a discharge benefit
in amount of that monthly salary which he or she has chosen to
receive, in performing the referred to duties of office
(work).
[10 December 2009; 15 April
2010]
Section 18. A Leave Allowance
(1) An official (employee), in going on annual leave, shall
receive a leave allowance. A leave allowance shall be granted
once in a calendar year and disbursed for an official (employee),
when he or she is going on leave for the first time in a
particular calendar year. A leave is not postponed to the next
calendar year.
(2) Officials (employees), except the officials, soldiers and
officials (employees) of local governments referred to in Section
5, 6 and 13 of this Law, shall receive a leave allowance in the
following amount:
1) in the amount of 25 per cent of the monthly salary, if the
official (employee) has been employed in the State or local
government authorities continuously for less than one year;
2) in the amount of 50 per cent of the monthly salary, if the
official (employee) has been employed in the State or local
government authorities continuously for one to three years;
3) in the amount of 75 per cent of the monthly salary, if the
official (employee) has been employed in the State or local
government authorities continuously for three to five years;
or
4) in the amount of 100 per cent of the monthly salary, if the
official (employee) has been employed in the State or local
government authorities continuously for more than five years.
(3) The officials referred to in Section 5, 6 and 13 of this
Law, as well as soldiers, shall receive a leave allowance in the
amount of one monthly salary.
(4) An allowance referred to in Paragraph one of this Section
shall be disbursed for officials (employees) of a local
government not exceeding the amount of one monthly salary in
accordance with the procedures and in the amount specified by the
local government city council.
(5) If office (service, employment) relations are terminated
with an official (employee) and he or she has not used the annual
leave for a current year or a part thereof and has not received a
leave allowance, it shall not be disbursed to him or her.
Section 19. A Benefit to be
Disbursed in the Event of Injury, Mutilation or Other Damage to
the Health of Officials (Employees), Except Soldiers, Obtained
While Performing the Duties of Office (Service, Work) or in the
Event of Death
(1) In the event of the death of officials (employees), except
soldiers, a family member or a person who has undertaken the
burial of an official (employee), shall receive a lump sum
benefit in the amount of the monthly salary specified for the
official (employee). The procedures for granting of this benefit
shall be determined by the Cabinet.
(2) In the event of the death of a diplomat, an official
(employee) of the diplomatic or consular service serving in
foreign states his or her family shall receive a lump sum benefit
in addition to the benefit specified in Paragraph one of this
Section which is equal to the benefits of 10 monthly salaries for
service in foreign states.
(3) Officials (employees), except soldiers, who, while
performing the duties of office (service, work) related to the
threat (risk) to life or health, have suffered in an accident and
acquired an injury or mutilation or other damage has been caused
to their health (except for occupational disease), shall receive
a lump sum benefit. Physical impairment in relation to which the
referred to benefit is disbursed, the amount thereof, procedures
for granting and disbursement thereof shall be determined by the
Cabinet.
(4) If the duties of office (service, work) of officials
(employees), except for soldiers, are related to the threat
(risk) to life or health and they perished or died within a year
after the accident due to physical impairment obtained during it,
such officials (employees) shall be buried for State budget
resources and a lump sum benefit shall be disbursed to their
forced heirs in the amount of LVL 50 000. The procedures for
granting and disbursement of such benefit, as well as the amount
of burial expenses and procedures for covering thereof shall be
determined by the Cabinet.
(5) The benefits referred to in Paragraph three and four of
this Section shall be granted for an official with a special
service rank of the Ministry of the Interior system institutions
or the Prisons Administration, if the official has suffered:
1) while protecting life, health, rights and freedom of
persons, property, public or State interests from criminal and
other illegal danger;
2) while performing works for the suppression of fire, rescue
work and underwater search works;
3) while performing direct border guarding functions, as well
as directly controlling the fulfilment of conditions for entry,
stay, transit and departure of foreigners and in accordance with
them holding the foreigners in protection, accompanying under
supervision of safety guards or deporting;
4) while taking measures for the prevention of emergency
situations and the liquidation of consequences thereof; or
5) while directly ensuring implementation of a security
measure - detention - or criminal punishment - deprivation of
liberty;
6) while participating in special training.
(6) The amounts and procedures for granting of the benefits
specified in this Section in respect of officials (employees) of
a local government, as well as the amount of burial expenditures
and procedures for covering thereof shall be determined by the
city council of the relevant local government. The city council
of the local government upon assessment of the financial
resources available for the local government and considering the
usefulness of usage thereof, may determine that the benefits
referred to in Paragraph three and four of this Section are
disbursed not from the budget of the local government, but as an
insurance indemnity. In such case the local government shall
perform life insurance or accident insurance for the relevant
officials (employees) of the local government.
[10 December 2009; 15 April
2010]
Section 20. Benefit in Case of the
Death of a Family Member or a Dependant
A benefit shall be disbursed in case of the death of a family
member (spouse, child, parents, grandparents, adopter or adoptee,
brother or sister) or dependant in an amount of not more than one
minimum monthly salary. The procedures for granting of this
benefit shall be determined by the Cabinet.
[15 April 2010]
Section 21. Benefits to be Disbursed
in the Event of Injury, Mutilation or Other Health Impairment or
in the Event of Death of Soldier
(1) If the disability of a professional service soldier has
been determined during the time of service or within a year from
the retirement from active service due to injury (mutilation,
concussion) or illness, which has been suffered during the time
of service, while performing service duties, he or she shall be
paid a single compensation in addition to compensation and
allowances provided for in laws:
1) to a Group I disabled person - in the amount of 50 monthly
salaries but not more than LVL 30 000;
2) to a Group II disabled person - in the amount of 40 monthly
salaries but not more than LVL 20,000; and
3) to a Group III disabled person - in the amount of 20
monthly salaries but not more than LVL 10,000.
(2) A lump sum benefit shall be paid for a soldier, who, while
performing the duties of service, has suffered health impairment,
but for whom a disability has not been determined:
1) in case of serious health impairment - in the amount of
five monthly salaries;
2) in case of moderate health impairment - in the amount of
three monthly salaries, but not more than LVL 1000;
3) in case of slight health impairment - in the amount of LVL
200 if the temporary disability of work (service) lasts more than
six days.
(3) A lump sum benefit shall be paid in the amount of three
monthly salaries for a soldier, who, while performing military
service, has become ill and after treatment has been recognised
as unfit for future active service and therefore he or she is
retired from professional service before the end of the term of
service (contract).
(4) A benefit shall be disbursed to forced heirs of soldiers
who have died on active service:
1) if a reserve soldier or reservist has died during active
service while performing service duties - in the amount of LVL 50
000;
2) if a soldier has died, while in the composition of a
National Armed Forces contingent in accordance with a mandate
approved by the international organisation participating in the
international operation or in the international operation
participation in which is determined by the decision of the
Saeima, or while performing certain tasks determined by an
order of the commanding officer (chief) related to the use of
weapons and arms and which intend real threat to the health and
life of a soldier - in an amount of 120 monthly salaries, but not
more than LVL 50 000; or
3) if a soldier has died, while performing service duties, or
within a year after retirement from active service has died
because of injury (mutilation, concussion) or because of such
illness, the cause of which is related to the performance of
military service (occupational disease) - in an amount of 120
monthly salaries, but not more than LVL 50 000.
(5) If a soldier has died during active service, while
performing service duties, or has died within a year after
retirement from active service because of injury (mutilation,
concussion) or because of such illness, the cause of which is
related to the performance of military service (occupational
disease), the Ministry of Defence shall cover expenditure for a
course of medical rehabilitation services necessary for his or
her family members (spouse, children, parents).
(6) If a soldier, while performing service duties, has
suffered injury (mutilation, concussion) or such illness, the
cause of which is related to the performance of military service
(occupational disease), and he or she is being treated outside
Latvia, the Ministry of Defence shall cover expenditure for
travel (to and from the place of treatment) and expenditure for a
hotel (accommodation) for his or her family members (spouse,
children, parents, but for not more than two persons). The
Cabinet shall determine the limits for expenditure for the hotel
(accommodation).
(7) If a soldier has died during the time of active service or
acquired health impairment and he or she has become disabled, but
the cause of death or health impairment is not related to the
performance of his or her direct service duties or his or her
malicious or unseemly act, he or she or his or her forced heirs
may be paid a part of the corresponding benefit prescribed in
this Section the amount of which shall be determined by the
Minister for Defence in each individual case.
(8) The benefits determined in this Section shall not be
disbursed during hostilities occurring in the territory of
Latvia.
(9) Procedures by which accidents in which soldiers have
suffered during service shall be investigated and registered
shall be determined by the Cabinet.
(10) If a soldier, while participating in an international
operation has acquired a health impairment or illness or has
died, the benefit referred to in this Section shall be disbursed,
taking into account the monthly salary which was specified for
the soldier in his or her place of basic deployment in Latvia
before being sent to perform the international operation
(11) A soldier who has perished or died during the time of
service, while performing service duties or due to reasons
related to military service, shall be buried at the expense of
the State. In such case a soldier's tombstone shall be erected
for him or her made according to a sample approved by the
Minister for Defence. If a tombstone different than the soldier's
tombstone is erected, the Ministry of Defence shall cover that
part of tombstone erection expenses, which corresponds to the
value of a soldier's tombstone. Types and amount of expenditure
related to the burial of a soldier and erection of a tombstone
shall be determined by the Cabinet.
Section 22. Benefit to be Disbursed
in Case of Injury, Mutilation or Other Health Impairment of an
Official (Employee) Related to Participation in an International
Operation or Obtained During a Mission to the Region of an
International Operation
(1) A lump sum benefit shall be disbursed to an official
(employee) who participates in an international operation or has
been sent in a mission to a region of an international operation
and, while performing the duties of office (service, work), has
suffered an accident and acquired mutilation or other health
impairment, but for whom a disability has not been
determined:
1) in case of serious health impairment - in the amount of
five monthly salaries;
2) in case of moderate health impairment - in the amount of
three monthly salaries; or
3) in case of light health impairment - in the amount of one
monthly salary.
(2) A lump sum benefit shall be disbursed to an official
(employee) who participates in an international operation or has
been sent in a mission to a region of an international operation,
while performing the duties of office (service, work), has
suffered in accident and acquired mutilation or other health
impairment, and for whom a disability has been determined:
1) to a Group I disabled person - in the amount of 20 monthly
salaries but not more than LVL 30 000;
2) to a Group II disabled person - in the amount of 15 monthly
salaries but not more than LVL 20,000; or
3) to a Group III disabled person - in the amount of 10
monthly salaries but not more than LVL 10,000.
Section 23. Restrictions and
Conditions for Disbursement of Benefits
Benefits referred to in Section 19, 21 and 22 of this Law
shall not be disbursed, if the facts (suicide or attempt thereof,
use of alcohol or other intoxicating substances, violation of
regulatory enactments or indecent act) are determined in
accordance with which an accident (health impairment) shall be
considered as unrelated to the performance of the duties of
office (service, work).
Section 24. Resettlement
Allowance
(1) If the acceptance of a soldier into professional service
or the relocation of a soldier in the interests of the service is
related to a change of his or her place of residence to another
administrative territory, after the resettlement to the place of
service he or she shall be paid a single allowance in the amount
of one monthly salary and in the amount of 50 percent of the
salary determined for him or her for each family member who is
resettling to the new place of residence together with him or
her.
(2) If an official with a special service rank of the Ministry
of the Interior system institutions or the Prisons Administration
is relocated in the interests of the service to another
administrative territory and he or she changes the place of
residence, he or she shall receive a single allowance in the
amount of one monthly salary determined for the new position and
in the amount of 50 percent of the monthly salary determined for
the new position for each family member who is resettling to the
new place of residence together with the official and will reside
permanently at the relevant place of residence. The procedures
for granting and disbursement of this benefit shall be determined
by the Cabinet.
[14 January 2010; 15 April
2010]
Section 25. Long Service Allowance
Disbursable to a Soldier
A soldier shall receive a single allowance every five years of
professional service in the amount of the last three monthly
salaries and additional payments, if the contract of a
professional service is prolonged after the end of term
thereof.
Chapter VII
Compensations, Cover of Tuition Expenditures and Insurance
Section 26. Compensation for cover
of Tuition Expenditures
(1) Tuition expenditures shall be covered for an official
(employee) up to 30 percent of the tuition fee for a year, if he
or she upon initiation of the authority or by mutual agreement,
successfully studies in a State accredited higher education
institution or education institution of a foreign state, where
the certificates issued by it are recognised in Latvia, in order
to acquire special knowledge necessary for performance of the
duties of office (service). If acquiring of education requires
full or partial temporary interruption of the duties of office
(service, work), the State or local government authority and
official (employee) shall, in agreeing regarding granting of
compensation for tuition fee, agree also regarding retaining of
monthly salary and conditions thereof.
(2) The Cabinet shall determine procedures by which tuition
expenditures are to be compensated to an official (employee), the
conditions for compensation and repayment of such expenditures,
as well as the cases when an official (employee) shall not repay
expenditures related to compensation of a tuition fee.
(3) A compensation to be disbursed to an officials (employees)
of local governments for cover of tuition expenditures shall not
exceed 30 per cent of the annual tuition fee. Procedures,
criteria and amounts for granting thereof, repayment conditions
and procedures, as well as the cases when the relevant
expenditures shall not be repaid, shall be determined by the
relevant local government city council.
[15 April 2010]
Section 27. Cover of Expenditures for Improvement of
Qualification
(1) The State or local government authority shall assess the
necessity for improvement of qualification of an official
(employee) and ensure the possibility for him or her to improve
qualification by compensating or covering tuition expenditures
and retaining monthly salary and additional payment for a special
service rank, diplomatic rank, additional payment for long
service and compensation of food rations.
(2) The Cabinet shall determine the procedures by which an
official (employee) is sent to improve qualification in training
courses and the conditions and procedures for covering and
repayment of expenditures related to improvement of qualification
of the official (employee), as well as the cases when the
official (employee) shall not reimburse the expenditures related
to his or her improvement of qualification.
(3) A local government city council shall determine the
procedures by which an official (employee) is sent to improve
qualification in training courses and the conditions and
procedures for covering and repayment of expenditures related to
improvement of qualification of the official (employee), as well
as the cases when the official (employee) shall not reimburse the
expenditures related to his or her improvement of
qualification.
[10 December 2009; 15 April
2010]
Section 28. Covering of Expenditures
for Tuition
(1) The State authority, after assessing the necessity for the
service, may send an official with a special service rank of the
Ministry of the Interior system institutions or the Prisons
Administration or a soldier to an educational institution, in
order this official or soldier acquire the education necessary
for performance of the relevant service duties. If the official
or soldier acquires the referred to education, interrupting the
performance of service duties, a monthly salary, additional
payment for a special service rank, additional payment for long
service and compensation of food rations shall be retained for
him or her during this period of time.
(2) The expenditures for tuition shall be financed from the
State budget resources in the cases referred to in Paragraph one
of this Section, as well as for the officials with a special
service rank of the Ministry of the Interior system institutions
or the Prisons Administration and for soldiers who are studying
in the educational institutions determined by the Cabinet.
(3) The Cabinet shall regulate the conditions by which and
procedures by which an official or soldier is sent to an
educational institution for acquiring of the education necessary
for performance of the relevant service duties, as well as which
expenditures shall be considered as expenditures for tuition, the
conditions and procedures for covering and repayment of such
expenditures, as well as the cases when official or soldier shall
not reimburse the relevant expenditures.
[14 January 2010; 15 April
2010]
Section 29. Compensation of
Expenditures for Transport
(1) Expenditures for transport, which have arisen in relation
to being sent or being on an official journey, shall be
compensated for an official (employee) in accordance with the
procedures and in the amount specified by the Cabinet. In other
cases expenditures for transport, which have arisen using public
transport for performance of the duties of office (service,
work), shall be compensated for an official (employee), but
expenditure for use of a taxi shall not be compensated. The
procedures and amount in which the expenditures for public
transport are compensated for an official (employee) shall be
determined by the Cabinet.
(2) If it is not possible to use public transport or a vehicle
in the possession of the authority and an official (employee)
uses a vehicle owned or possessed by him or her for the
performance of the duties of office (service, work), a
compensation shall be disbursed to the official (employee) for
depreciation of the vehicle and expenses for exploitation of the
vehicle. The amount (quota) of compensation and procedures for
payment thereof shall be determined by the Cabinet.
(3) The expenses for public transport shall be compensated for
an official with a special service rank of the Ministry of the
Interior system institutions or the Prisons Administration the
performance of the duties of office (service) of which is related
to the sources of ionising radiance, in order that he or she get
to a place of medical treatment for performance of a health
examination and return from it, as well as for a soldier,
military employee, a reserve soldier and reservist who is using
public transport to go to a place of medical treatment or
rehabilitation and return from there. Expenses for use of taxi is
not compensated. The amount of compensation for expenses for
transport and procedures for granting thereof shall be determined
by the Cabinet.
(3) An official with a special service rank of the Ministry of
the Interior system institution or the Prisons Administration
with a special service rank who is relocated in the interests of
service to another administrative territory for a definite period
of time, but who does not change the place of residence, shall
receive a compensation for covering of travel expenses. The
amount of compensation for travel expenses and procedures for
granting thereof shall be determined by the Cabinet.
[15 April 2010]
Section 30. Compensation of Expenses Related to
Resettlement
(1) Expenses related to resettlement shall be compensated for
an official (employee), who is relocated in the interests of the
State or service to another administrative territory and who
therefore changes his or her place of residence, on the basis of
documents justifying the expenses which include expenses for
transport and expenses for transportation of belongings owned by
the official (employee) and his or her family members
(dependents). This provision shall not apply to cases, when the
official (employee) is relocated due to liquidation of the
institution or position of the official (employee), reduction of
the number of officials (employees), according to the request of
the official (employee) or a decision is taken regarding
non-compliance of the official (employee) with the position held.
The amount of compensation for expenses related to resettlement
and procedures for granting thereof shall be determined by the
Cabinet.
(2) If an official with a special service rank of the Ministry
of the Interior system institutions or the Prisons Administration
or a soldier shall change the place of residence in the interests
of service to another administrative territory, his or her spouse
has lost employment due to the resettlement and does not receive
an unemployment benefit, a pension or any other regular income
and it is impossible to find another job in the locality of the
place of the new dislocation or place of service, the official
with a special service rank of the Ministry of the Interior
system institution or the Prisons Administration with special
service rank or soldier shall be paid a monthly compensation in
the amount of 10 percent of the monthly salary. The compensation
shall be paid until the time when a spouse starts to receive
regular income. The procedures for granting of compensation and
payment thereof shall be determined by the Cabinet.
(3) Expenses related to resettlement shall be compensated for
officials (employees) of local governments in accordance with the
procedures and in the amount specified by the relevant local
government city council.
[14 January 2010; 15 April
2010]
Section 31. Compensation for Rental
of Living Quarters and Public Utilities
(1) A soldier shall be paid a compensation for covering of
expenses for rental of living quarters and public utilities. The
amount of compensation and procedures for granting thereof shall
be determined by the Cabinet and it may not exceed LVL 100 per
month.
(2) An official (employee), who is relocated in the position
to another administrative territory for a definite period of
time, shall be paid a compensation for the rental of living
quarters and public utilities. It shall not apply to officials
with special service ranks of the Ministry of the Interior system
institutions and the Prisons Administration who have been sent to
an educational institution of the system of the Ministry of the
Interior or the Prisons Administration for acquiring of the
necessary education. The amount of compensation for covering of
expenses for rental of living quarters and public utilities and
procedures for granting thereof shall be determined by the
Cabinet and it may not exceed LVL 100 per month.
[10 December 2009]
Section 32. Compensation for
Communication Expenses
(1) Communication expenses shall be compensated for an
official (employee) for whom a mobile phone is granted for
performance of the duties of office (service, work) in an amount
determined by the State or local government authority.
Communication expenses shall be compensated for an official
(employee) who uses a mobile phone owned by him or her for the
performance of the duties of office (service, work) in accordance
with the procedures and in the amount determined by the State or
local government authority.
(2) A soldier shall be ensured with the means of communication
necessary for the performance of service duties in accordance
with the procedures determined by the Ministry of Defence.
(3) The amount of compensation for communication expenses for
diplomats shall be determined by the Minister for Foreign
Affairs
(4) Communication expenses for the performance of the office
(work) duties shall be compensated for officials (employees) of
local governments in accordance with the procedures and in the
amount specified by the relevant local government city
council.
Section 33. Compensation for Losses
or Impairment
The Cabinet shall determine the amount of losses caused to the
property of an official (employee) or to the property of his or
her family members (parents, grandparents child, grandchild,
adoptee or adopter, brother, sister or spouse), or impairment
caused to the health in relation to performance of service duties
of the official (employee) and procedures for compensation
thereof.
Section 34. Compensation for
Purchase of Clothes Necessary for Performance of Service
Duties
The purchase of clothes necessary for performance of service
duties shall be compensated for the official with a special
service rank of the Ministry of the Interior system institution
or the Prisons Administration or for a soldier, whose service
duties are to be performed in civil clothes due to specifics
thereof. The amount of compensation and procedures for granting
thereof shall be determined by the Cabinet.
Section 35. Food Rations
Compensation
(1) Food rations compensation shall be paid to soldiers,
officials with special service ranks of the Ministry of the
Interior system institutions and the Prisons Administration,
except officials (employees) of the Security Police. The amount
of food rations compensation and procedures for payment thereof
shall be determined by the Cabinet.
(2) Food rations compensation shall not be paid to the
official with a special service rank of the Ministry of the
Interior system institution or the Prisons Administration while
he or she is on leave without retaining of work remuneration, on
leave granted to a child's farther or on child-care leave, as
well as in other cases provided for in the law.
(3) A local government city council may determine food rations
compensation for an official of the local government police who
performs the duties specified in the Law On Police. The local
government city council shall determine the amount of a
compensation and procedures for payment thereof. The amount of
compensation may not exceed the amount of food rations
compensation for officials with special service ranks of the
Ministry of the Interior system institutions or the Prisons
Administration determined by the Cabinet.
[15 April 2010]
Section 36. Allowances and
Compensations for Service in Foreign States
(1) The following allowances shall be determined for a
diplomat, official (employee) of the diplomatic or consular
service, specialised attache, communications officer, soldier or
official (employee) of the State security institution, while he
or she is performing his or her service in a foreign state:
1) a salary allowance for service in the foreign state;
2) an allowance for residing of a spouse in the foreign state,
if the spouse is not employed in paid work;
3) an allowance for the stay of children 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) The following expenses shall be compensated for a
diplomat, official (employee) of the diplomatic or consular
service, specialised attache, communications officer, soldier or
official (employee) of the State security institution, while he
or she is performing his or her service in a foreign state:
1) rental of housing and public utility expenses;
2) expenditure related to entering into a contract on the
rental of housing;
3) travel and resettlement expenses (also the relevant
expenses of family members);
4) health insurance and accident insurance expenses, as well
as transport expenses in case of serious illness or death of the
relevant person or his or her family members;
5) child's school and pre-school expenses;
6) travel expenses (also relevant expenses of family members),
when going on leave to Latvia and returning to the place of
service.
(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) A local government city council shall determine the
positions of officials (employees) to whom it may apply
allowances and compensations referred to in Paragraph one and two
in the amount and in accordance with the procedures prescribed by
itself.
(5) The Ministry of Foreign Affairs may determine additional
payment for a diplomat, official (employee) of diplomatic or
consular service who is endangered by hostilities, violence, riot
or natural disaster at the place of service up to 50 percent of
the amount of their allowances which are paid to such diplomat,
official (employee) of diplomatic or consular service in
accordance with Paragraph one, Clause 1, 2 and 3 of this Section
and compensate losses which the diplomat, official (employee) of
diplomatic or consular service has suffered due to the referred
to conditions.
(6) The rights determined in Paragraph one and two of this
Section, except the right to a salary allowance for service in
the foreign state, shall be retained for soldiers, military
employees and officials (employees) of the State security
institutions who are sent to serve in the North Atlantic Treaty
Organisation, institutions of the European Union, multinational
headquarters of the Member States to these organisations or who
on the basis of the decision of the referred to organisations are
sent to international operations. If family members of a soldier,
military employee or official (employee) of the State security
institution reside in the foreign state from which a soldier,
military employee or official (employee) of the State security
institution is sent to international operation, the soldier,
military employee or official (employee) of the State security
institution shall receive a salary allowance for service in the
foreign state up to the amount of 50 per cent. The procedures for
determination of such allowance and amount thereof shall be
determined by the Cabinet. (7) A soldier shall not be granted
allowances and expenses provided for in Paragraph one and two of
this Section shall not be compensated, while he or she performs
service in a foreign state participating in an international
operation, military training, manoeuvres or on official
journey.
(8) An official of an institution of the system of the
Ministry of the Interior, who in accordance with the decision of
the head of authority guards the diplomatic or consular mission
of the Republic of Latvia in a foreign state, shall receive a
salary allowance for service in the foreign state and a
compensation for covering of travel expenses.
(9) A State authority shall cover the following expenses
related to residing of the official referred to in Paragraph
eight of this Section in a foreign state:
1) expenses related to health insurance and accident
insurance, while the official has been residing in the foreign
state; and
2) expenses related to rental of housing and public
utilities.
(10) The amount of the allowance, compensation and expenses to
be covered determined in Paragraph eight and nine of this
Section, as well as the procedures by which expenses related to
residing of an official of an institution of the system of the
Ministry of the Interior are to be covered, shall be determined
by the Cabinet.
Section 37. Health Insurance and
Accident Insurance
(1) A State or local government authority may insure the
health of officials (employees) in compliance with the financial
resources granted to it, but the health of the official
(employee) or accident insurance of the official (employee) shall
be performed mandatorily in the cases specified in this Law. The
State and local government authorities shall not insure the
health of those officials (employees) for whom paid health care
is determined in this Law.
(2) The price of the health insurance policy of an official
(employee) may not exceed the amount determined in the regulatory
enactments regarding personal income tax. If the price of an
insurance policy exceeds the referred to amount, an official
(employee) shall cover the difference of prices.
(3) The State and local government authorities shall insure
the health of those officials (employees), who, while performing
the duties of office (service, work), are subject to real life or
health threat (risk). The State authority shall insure the health
of those officials of the Corruption Prevention and Combating
Bureau, who perform investigation and operational activity, as
well as the health of those court experts, officials (employees)
of the State Forest Service, the State Revenue Service and the
State environmental inspectors of the Nature Conservation Agency,
officials (employees) of the State Probation Service, who are
subject to risk:
1) while participating in investigation activities;
2) while supervising forest fire safety, discovering, limiting
and extinguishing forest fires, as well as supervising the
observance of the regulatory enactments regulating hunting and
use of forests;
3) while performing fishing control, the State control of
environmental protection and use of natural resources, the
control of protection and use of special areas of conservation of
State significance, species and biotopes of special protection
and microreserves, as well as supervision and control of
radiation safety and nuclear safety;
4) while performing measures of social behaviour correction at
the places of serving a sentence, attending convicted persons at
the institutions of deprivation of liberty;
5) while performing supervision of persons upon whom a
suspended sentence has been imposed, persons released from
punishment before completion of the term of their sentence, as
well as the supervision of the persons in respect of whom
criminal proceedings have been terminated by conditionally
releasing them from criminal liability, and while implementing
probation programmes;
6) while organising and managing the execution of a criminal
penalty - forced labour; and
7) while organising execution of a measure of compulsion -
community work - of a correctional nature.
(4) A local government city council shall determine the
positions in which the officials (employees) are subject to real
life or health threat (risk).
(5) The Ministry of Foreign Affairs shall insure the health of
all officials (employees) of the diplomatic and consular service,
as well as shall insure all diplomats and officials (employees)
of the diplomatic or consular service against accidents, if their
place of service is in a foreign state. Moreover, the Ministry of
Foreign Affairs shall insure the health of the family members of
those diplomats and officials (employees) of the diplomatic and
consular service, who are resettling to the relevant place of
service in a foreign state. The amount of insurance shall be
determined by the Ministry of Foreign Affairs in compliance with
financial resources granted for it.
(6) The health insurance and accident insurance of the
specialised attaches shall be ensured by that State authority
which has appointed them in compliance with financial resources
granted for it.
[10 December 2009]
Section 38. Insurance Related to
Sending on an Official Journey
A State or local government authority shall perform insurance
of an official (employee) in the cases and in accordance with the
procedures provided for in the law and the Cabinet Regulations in
relation to sending of the official (employee) on an official
journey and insurance related to this official (employee) or
shall cover the relevant expenses.
Section 39. Paid Health Care
Officials with special service ranks of the Ministry of the
Interior system institutions and the Prisons Administration,
officials (employees) of the State security institutions,
employees of an emergency medical assistance service, soldiers
and military employees have 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.
Chapter VIII
Leave
Section 40. Leave
(1) Leave of officials (employees), duration and procedures
for granting thereof, as well as other matters related to leave
shall be regulated by the relevant norms of the Labour Law, in so
far as it is not otherwise specified in this Law.
(2) The norms of the Labour Law shall be applied for a soldier
who gives his or her blood in a medical treatment institution,
taking into account the condition that the monthly salary and
additional payments are paid to him or her.
(3) A compensation for a soldier's food rations shall also be
paid for the relevant time period to a soldier, for whom prenatal
leave or leave for the child's farther, adoptee or other person
who actually cares for a child is granted. Monthly salary and
additional payments shall not be retained for a soldier to whom a
child-care leave is granted. For taking care of each child a
soldier shall be granted one undivided child-care leave.
(4) The period of such leave shall be included in the length
of service of the soldier, to whom a child-care leave is granted,
which entitles him or her to a service pension but shall not be
included in the length of service, which entitles him or her to
the awarding of the next service rank.
(5) A status of employee shall be retained for a deputy of a
local government city council who holds a paid position on the
city council and has chosen to relinquish his or her authority
temporarily, while on pregnancy, maternity, child-care leave or
on leave for the child's farther, adoptee or other person, who
actually cares for a child, but for not more than the time of
operation of the relevant city council.
[10 December 2009; 15 April
2010]
Section 41. Annual Paid Leave
(1) Officials (employees), except the officials (employees)
referred to in the next Paragraphs, shall be granted an annual
paid leave the length of which is four calendar weeks, not
including public holidays, and the average earnings shall be paid
for this period of time.
(2) [15 April 2010]
(3) A soldier shall be granted annual paid leave - 30 calendar
days, not including public holidays. A pilot, soldier serving in
the crew of aircraft, sailor serving in the crew of a ship and
sapper blaster who actually carries out the blasting shall be
granted a leave of 40 calendar days. For every five years of
uninterrupted serving in active service the annual leave shall be
prolonged by three days but not more than by 15 calendar days in
total. It is not permitted to compensate annual leave in money,
except in cases where a soldier who has not used his or her
annual leave is retired from professional service. When
compensating for leave in money, leave allowance shall not be
paid, food rations in kind shall not be granted and its value in
money shall not be paid. In the year of retirement a soldier
shall be calculated the leave compensation for the period from
the beginning of the year until the day of retirement (for each
month served - in proportion to the time served taking into
account the conditions of the first and second sentence of this
Paragraph), if it is not otherwise provided for in the Military
Service Law.
(4) In the first year of service a soldier shall be calculated
the annual paid leave for the period from the day of acceptance
for the professional service until the end of the calendar year
(for each month served - 2.5 days). In exceptional cases, annual
leave may be transferred to the next year but for no more than
two years in succession.
(5) An annual paid leave shall be granted for an official with
a special service rank of the Ministry of the Interior system
institution or the Prisons Administration - 30 calendar days, not
including public holidays, and the average earnings and food
rations compensation shall be paid for this period. 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.
(6) In the first year of service an annual paid leave for an
official with a special service rank of the Ministry of the
Interior system institution or the Prisons Administration shall
be calculated for a period from the day when he or she is
accepted in the service until the end of the calendar year and
shall be granted after at least six months of uninterrupted
service or transferred to the next year.
(7) Annual paid leave for officials with special service rank
of the Ministry of the Interior system institutions and the
Prisons Administration and soldiers may be granted by parts. One
of the parts of the leave may not be less than 14 calendar days.
It shall not be permitted to divide the annual paid leave into
more than three parts.
[15 April 2010]
Section 42. Paid Supplementary
Leave
(1) An official (employee) shall be granted supplementary
leave to be granted mandatorily as determined in the Labour Law.
In addition to that an official (employee), except officials
(employees) referred to in Paragraph three, four and five of this
Section, may be granted paid supplementary leave for a period up
to 10 working days after utilisation of full annual paid leave.
Supplementary leave may be utilised within a time period until
the next annual paid leave. The Cabinet shall determine the
criteria for granting of supplementary leave, the number of days
of supplementary leave appropriate for the criteria and the
procedures for granting of supplementary leave.
(2) [15 April 2010]
(3) A soldier:
1) who, while performing service duties, has suffered injury
(trauma, concussion) or a serious illness shall be granted paid
supplementary leave for out-patient medical treatment and
recovery purposes for a period of up to six months on the basis
of an opinion of the Central Medical Expert-examination
Commission of the National Armed Forces;
2) may be granted paid supplementary leave during an
international operation, if he or she has been taking part in it
for more than four months. Supplementary leave may not exceed 30
calendar days calculating 2.5 days per month and during the leave
a soldier shall receive a monthly salary and 50 per cent of the
additional payment determined for him or her for taking part in
the international operation in proportion to the length of the
supplementary leave. A soldier shall be covered travel expenses
when he or she is going to Latvia or place of service in a
foreign state and back to the region of the international
operation, as well as hotel expenses for (accommodation), if any
occurred during travelling. Hotel expenses (accommodation) shall
be covered in compliance with the Cabinet regulations regarding
procedures by which expenses related to official journeys and
business trips of employees are to be refunded;
3) shall be granted paid supplementary leave of 20 calendar
days after return from an international operation at the place of
permanent service and during it a soldier shall receive a monthly
salary. A soldier shall be granted supplementary leave for not
later then within a month after return from the international
operation. Time spent for treatment of injuries or disease
obtained in the international operation, as well as a
rehabilitation period, shall not be counted in the supplementary
leave.
(4) A diplomat, official (employee) of diplomatic or consular
service may be granted paid supplementary leave the length of
which shall be determined by the Ministry of Foreign Affairs
depending on service circumstances.
(5) Officials with special service rank the Ministry of the
Interior system institution or the Prisons Administration, if he
or she has three or more children at the age up to 18 or a
disabled child, shall be granted supplementary leave of three
working days, disbursing average earnings and food rations
compensation, during a calendar year upon his or her will
regardless of supplementary leave, which may be granted as an
award in the cases specified in the law.
(6) The relevant local government city council shall determine
the criteria for granting of paid supplementary leave, the number
of days appropriate for the criteria and procedures for granting
of supplementary leave for officials (employees) of the local
government, taking into account the first, second and third
sentence of Paragraph one of this Section.
[15 April 2010]
Section 43. Leave without Retaining
of Remuneration for Work
(1) An official (employee), for whom it is necessary and whose
circumstances of the performance of the duties of office
(service, work) allows it, may be granted a leave without
retaining a remuneration for work and food rations compensation.
A leave without retaining remuneration for work shall be included
in the total length of service or term of service.
(2) [15 April 2010]
(3) A soldier or military employee, for whom it is necessary
and whose circumstances of the performance of the duties of
office (service, work) allows it, shall be granted a leave
without retaining a monthly salary and additional payment or a
monthly salary of a military employee, as well as without
retaining of food rations compensation, compensation for rental
of housing and public utility expenses. Such leave may not exceed
four months within a period of five years. The period of such
leave shall be included in the length of service of the soldier,
which entitles him or her to a service pension, and in the length
of service, which entitles him or her to the awarding of the next
service rank. If the soldier fails to return to active service
after the end of the term of such leave, he or she shall be
retired from active service.
Section 43.1 Leave in
Relation to Standing for Elections
An official (employee), who has agreed to stand for elections
of the Saeima, European Parliament or local government
city council and who is not demanded by the law to leave the
position held after registration of the list of candidates, until
the day of elections in accordance with the procedures determined
in the law may be granted annual paid leave and supplementary
leave, as well as on the basis of a submission of the official
(employee), shall be granted a leave without retaining of
remuneration for work - for the elections of the Saeima up
to two months, but for the elections of the European Parliament
and local government city council - up to one month.
[15 April 2010]
Section 44. Study Leave
(1) An official (employee), who, not interrupting the
performance of the duties of office (service, work), successfully
studies in a State accredited educational institution or foreign
educational institution, the diplomas issued by which are
recognised in Latvia, in order to acquire the knowledge necessary
for performance of the duties of office (service, work), shall be
granted study leave up to 20 working days a year for passing of
final examinations of the studies and State examinations (also in
order to prepare for these examinations, to develop and defend a
bachelor's, master's, qualification, promotion or diploma paper)
retaining a monthly salary, additional payment for a special
service rank, diplomatic rank, additional payment for long
service and food rations compensation. An employee, for whom a
piece wage is determined, shall be granted a study leave by
disbursing average earnings. Repeated granting of study leave for
passing of one and the same final examinations of the studies or
passing of the State examinations shall not be permissible.
(2) If it is necessary for an official (employee), who, not
interrupting the performance of position duties, successfully
studies in a State accredited educational institution or foreign
educational institution, the diplomas issued by which are
recognised in Latvia, in order to acquire the knowledge necessary
for performance of the duties of office (service, work), and the
circumstances of office (service, work) allows it, he or she may
be granted paid study leave up to 10 working days for passing of
semester examinations or development of promotion work, retaining
a monthly salary, additional payment for special service rank,
diplomatic rank, additional payment for long service and food
rations compensation. An employee, for whom a piece wage is
determined, shall be granted a study leave by disbursing average
earnings.
[15 April 2010]
Section 45. Recall from Leave
(1) In an exclusive case or in case of urgent necessity an
official with a special service rank of the Ministry of the
Interior system institution or the Prisons Administration may be
recalled from leave upon instruction (order) of that official,
who is entitled to appoint in the position the official to be
recalled. In such case a leave shall be transferred or extended
for the number of the days for which the official has been
recalled and the restrictions referred to in Section 41,
Paragraph seven of this Law shall not be applied.
(2) A soldier may be recalled from his or her leave only due
to special service circumstances in accordance with the
procedures determined by the Minister for Defence. If martial
law, state of exception or mobilisation is proclaimed, soldiers,
for whom leave has been granted, except prenatal leave, shall
immediately return to their unit.
Transitional Provisions
1. The Cabinet shall, until 30 June 2010, issue the Cabinet
Regulations referred to in this Law, except the Regulation
referred to in Section 7, Paragraph three, Clause 1 of this Law,
which shall be issued until 15 May 2010. Until the issue of the
regulatory enactments of the Cabinet provided for in this Law,
but not longer than until 30 June 2010, the following regulatory
enactments of the Cabinet shall be applied, in so far as they are
not in contradiction with this Law:
1) [15 April 2010];
2) the Cabinet Regulation No. 995 of 20 December 2005,
Regulation On the System of Work Remuneration and Qualification
Levels of Civil Servants, Employees and Officials of Institutions
of Direct Administration and Employees of the Central Electoral
Commission and the Central Land Commission, as well as Allowances
and Compensation for Civil Servants;
3) the Cabinet Regulation No. 960 of 23 November 2004,
Regulation for Work Remuneration of Employees of Prosecutor's
Office and Courts;
4) the Cabinet Regulation No. 334 of 30 July 2002, Regulation
On Work Remuneration, Social Guarantees and Covering of Expenses
Related to Training and Improvement of Qualification of Employees
and Officials of the Corruption Prevention and Combating
Bureau;
5) [10 June 2010].
6) the Cabinet Regulation No. 764 of 23 December 2003,
Regulations for Disbursement of Allowances and Compensations in
the Diplomatic and Consular Service;
7) the Cabinet Regulation No. 365 of 9 May 2006, Regulation
Regarding Amounts of Allowances and Compensations and Procedures
for Disbursement of Allowances and Compensations for Soldiers who
are Performing Their Service Duties Outside the State;
8) the Cabinet Regulation No. 103 of 3 February 2009,
Regulation Regarding Amount and Procedures for Disbursement of
Allowances and Compensations for Civil Servants of the State
Revenue Service who are Performing Service Duties in Foreign
States in the Status of Communications Officer;
9) the Cabinet Regulation No. 288 of 3 June 2003, Procedures
by which the Ministry of Defence Cover Expenses for Health Care
Services Provided for Professional Service Soldiers;
10) the Cabinet Regulation No. 329 of 17 June 2003, Procedures
for Investigation of Accidents Occurred with Soldiers and
Registration Thereof;
11) the Cabinet Regulation No. 528 of 8 June 2004, Procedures
by which Losses Caused to Soldier's Property Due to Performance
of His or Her Service Duties;
12) the Cabinet Regulation No. 131 of 8 March 2004, Regulation
Regarding the Service Remuneration of Soldiers;
13) the Cabinet Regulation No. 46 of 13 January 2009,
Regulation Regarding Amount and Procedures for Disbursement of
Food Rations Compensation for a Soldier of Professional
Service;
14) the Cabinet Regulation No. 20 of 2 January 2007,
Regulation Regarding Procedures by which a Compensation for
Rental of Housing and Public Utility Expenses for Soldiers of
Professional Service shall be Disbursed and Amount of the
Compensation;
15) the Cabinet No. 466 of 30 June 2008, Procedures for
Covering and Reimbursing of Expenses for Tuition Fee and Expenses
for Improvement of Qualification of the State Court Experts;
16) the Cabinet Regulation No. 980 of 30 November 2006,
Regulation Regarding Work Remuneration for Medical
Practitioners;
17) the Cabinet Regulation No. 802 of 26 September 2006,
Regulation Regarding Amount and Procedures for Disbursement of
Allowances and Compensations for Communications Officers who are
Performing Service Duties in Foreign States;
18) the Cabinet Regulation No. 859 of 17 October 2006,
Procedures by which an Official with Special Service Rank of the
Ministry of the Interior System Institutions and the Prisons
Administration shall Receive Paid Health Care Services;
19) the Cabinet Regulation No. 1089 of 22 September 2009,
Regulation Regarding Remuneration of the Chair and Members of the
Board of the Public Utilities Commission;
20) the Cabinet Regulation No. 968 of 21 November 2006,
Procedures by which Losses Caused to the Property or Health of an
Official, His or Her Spouse, Relative, Adoptee or Adopter in
Relation to Service Activity of the Official of the Institutions
of the System of the Ministry of the Interior and the Prisons
Administration with Special Service Rank shall be Reimbursed;
21) the Cabinet Regulation No. 751 of 7 July 2009, Regulation
Regarding Allowance, Compensation and Expenses for Rental of
Housing and Public Utilities for Officials with Special Service
Rank of the Ministry of the Interior System Institutions who
Guard the Embassy or Representation of the Republic of Latvia in
a Foreign State, as well as Procedures by which Expenses Related
to Residing of the Referred to Officials in a Foreign State are
Covered;
22) The Cabinet Regulation No. 86 of 27 January 2009,
Regulation Regarding Remuneration System of Officials with
Special Service Ranks of the Ministry of the Interior System
Institutions and the Prisons Administration and the Highest
Special Service Ranks Appropriate to Positions;
23) the Cabinet Regulation No. 84 of 27 January 2009,
Regulation Regarding Allowance and Compensations for Officials
with Special Service Ranks of the Ministry of the Interior System
Institutions and the Prisons Administration;
24) the Cabinet Regulation No. 1024 of 27 December 2005,
Regulation Regarding Amount and Procedures by which Allowances
shall be Disbursed to Officials and Employees of the State
Security Institutions and Information Analysis Service, and
Procedures for Payment of Medical Care Expenses;
25) the Cabinet Regulation No. 1098 of 22 December 2008,
Regulation Regarding the Work Remuneration System for Employees
of the Service of Prevention of Money Laundering;
26) the Cabinet Instruction Regarding Work Remuneration for
Officials of the State Security Institutions.
[15 April 2010]
1.1 Until the issue of the Regulation referred to
in Section 7, Paragraph three, Clause 1 of this Law, but not more
than until 15 May 2010 the Cabinet Regulation No. 310 of 3 May
2005, Regulation Regarding Position Classification System and
Procedures for Position Classification in the State Direct
Administration Institutions, shall be applied, in so far as it is
not in contradiction with this Law.
(15.04.2010. [15 April 2010]
1.2 Until the day of coming into force of the
Regulation referred to in Section 3, Paragraph eight of this Law,
but not longer than until 1 September 2010 the Cabinet Regulation
No. 62 of 3 February 2004, Regulation Regarding Unified Work
Remuneration Registration System in the Institutions to be
Financed from the State Budget, shall be applied, in so far as it
is not in contradiction with this Law.
(10.06.2010. [10 June 2010]
2. The Cabinet shall develop and submit to the Saeima
the following draft laws:
1) until 15 May 2010 - a draft law regarding the catalogue of
positions referred to in Section 7 and Section 11, Paragraph one
of this Law;
2) until 1 September 2010 - draft laws regarding remuneration
and social guarantees in the State and local government capital
companies, public-private capital companies and capital
companies, where the State, local government or public-private
capital company owns all capital shares, as well as in legal
persons of private rights, which perform the State budget
administration tasks or receive the resources from the State
budget or local government budgets;
3) until 1 September 2011 - a draft law regarding long service
pensions;
4) until 1 October 2011, if, upon evaluation of the compliance
with the economic situation in the State determined in this Law,
it is necessary - a draft law regarding amendments to this Law or
other laws the purpose of which is to review the relevant
regulation or extend the operation of restrictions included in
these transitional provisions.
[15 April 2010]
2.1 The Cabinet shall, until 1 September 2010,
issue recommendations regarding application of Section 2,
Paragraphs four, 4.1 and 4.2 of this
Law.
(15.04.2010. [15 April 2010]
3. An official (employee), to whom a tuition fee compensation
has been granted prior to coming into force of this Law, shall
continue to receive the tuition fee compensation in accordance
with the entered into contract (agreement) and the regulatory
enactments which were in force on the day of entering into such
contract (agreement), moreover such official (employee) shall
work for the relevant institution, which has covered the tuition
fee, the time provided for in the entered into contract.
3.1 Until 1 July 2016 the officials with a special
service rank of the Ministry of the Interior systems institutions
may be granted a study leave up to 20 working days for passing of
semester examinations.
(15.04.2010. [15 April 2010]
4. An official with a special service rank of the Ministry of
the Interior system institution or the Prisons Administration,
who, not interrupting the performance of the service duties,
studies successfully for a fee in the State accredited higher
education institution, in order to acquire knowledge necessary
for performance of service (position) duties or the education
specified in the position description, and for whom a
compensation has been granted until 1 July 2009, which covers a
half of the annual tuition fee, shall continue to receive the
referred to compensation until completion of the studies in this
educational institution. An official, who is retired from the
service (except case, when the official is retired from service
in relation to a health condition non-complying with the
determined requirements, liquidation of the authority or position
of the official, or reduction of the number of officials,
attaining the age determined for service time, death or reaching
his or her length of service which gives the right to receive a
long service pension) and who has served for the system of the
Ministry of the Interior or the Prisons Administration less than
five years after receipt of a tuition fee compensation, shall
repay the referred to compensation in accordance with the
procedures specified in the agreement regarding compensation of
tuition fee.
5. A soldier, with whom a professional service agreement has
been entered into by 31 December 2009, during the validity period
of agreement shall be disbursed a part of a single allowance
which the soldier received every five years of the professional
service in proportion up to the time served by 31 December
2009.
6. The allowance determined in Section 25 of this Law shall be
paid starting from 1 January 2012. If a soldier has received a
part of a single allowance provided for in Clause 5 of these
Transitional Provisions, it shall, upon disbursement of a single
allowance determined in Section 25 of this Law, be reduced by the
amount disbursed.
7. In 2010:
1) an official (employee), for whom until the time of coming
into force of this Law the right to receive a childbirth
allowance has been provided for in regulatory enactments or an
employment contract (collective agreement), it shall be disbursed
in case, if a child is born within 306 days after the coming into
force of this Law and the amount of such allowance may not exceed
two monthly salaries for each child, moreover it may not exceed
LVL 1000 for each child;
2) the monthly salary of officials referred to in Section 5, 6
and 13 of this Law shall be related to the amount of the average
monthly remuneration for work for the workforce in the State as
published in the official statistical notification of the Central
Statistical Bureau of the first half year of 2009, which is
rounded off to lats, namely, to LVL 471;
3) the monthly salary of an advisory official or employee of a
member of the Cabinet may not exceed the monthly salary of the
member of the Cabinet to which a coefficient 0.6 is applied.
7.1 Procedures for granting and disbursement of a
childbirth allowance in 2010, 2011 and 2012 shall be determined
by the Cabinet.
[15 April 2010]
8. In 2010 and 2011, in order to restrict expenses related to
remuneration:
1) the State and local government authorities may determine
partial working time, initiate review of the authority's
functions and other optimisation measures;
2) the State or local government authority shall not pay
bonuses, except the case determined in Section 16, Paragraph
three of this Law (brave and selfless behaviour in performing
service duties) and the case determined in Section 16, Paragraph
four of this Law, shall not pay a leave allowance, as well as,
taking into account the norms of the Transitional Provisions,
shall not perform a material incentive not provided for in this
Law;
3) in case of death of an official (employee) - but not a
soldier - a family member or a person, who has undertaken the
burial, may receive a benefit referred to in Section 19,
Paragraph one of this Law, which does not exceed 50 per cent of
the monthly salary determined for the official (employee), but
not less than in the amount of minimum monthly salary;
4) the State and local government authorities shall insure the
health of officials (employees) provided for in Section 37,
Paragraph one of this Law for whom such insurance is determined
as being mandatory. The State and local government authorities,
not applying the regulatory enactments regulating public
procurements, may insure the health of officials (employees) for
the financial resources of officials (employees), by entering
into an agreement with insurance service provider regarding an
offer most advantageous for persons to be insured and deducting
the costs for service from the monthly salary of the officials
(employees) to be insured in accordance with the agreement. If
prior to coming into force of this Law an official (employee) not
referred to in Section 37, Paragraph three, four, five or six of
Section 37 of this Law is insured and the health insurance
agreement has been entered regarding him or her and full payment
of the sum provided for in the agreement is performed until 1
December 2009, the State or local government authority shall
decide regarding continuation or termination of the agreement
entered into, but in other cases, when prior to coming into force
of this Law an official (employee) not referred to in Section 37,
Paragraph three, four, five or six of this Law is insured, the
relevant State or local government authority shall terminate the
insurance, if it is legally possible and does not require
additional financial resources;
5) officials (employees) of the State and local government
authorities, except officials (employees) referred to in Section
17, Paragraphs five, six, seven, eight, nine and ten of this Law,
shall be paid a discharge or retirement benefit in the following
amount:
a) 95 percent of the average monthly earnings, if an official
(employee) has been employed at the relevant employer for at
least five years;
b) average earnings of one month, if an official (employee)
has been employed at the relevant employer for more five
years;
6) officials (employees) who have better work results and
higher qualification have a priority to retain a position or
remain in work in case of reduction of the number of officials
(employees) or liquidation of a position; If work results and
qualification of officials (employees) do not differ
significantly, a priority to retain a position or remain in work
has those officials (employees) who do not have another permanent
source of income. If officials (employees) do not have another
permanent source of income, a priority to retain a position or
remain in work shall be determined in accordance with the Labour
Law. The following shall be considered as a permanent source of
income:
a) performance of the duties of work or office at another
employer, if the monthly salary (monthly post salary, wages)
determined for him or her is equal to the minimum monthly salary
or larger and the term for performance of the duties of work or
office determined in the order or agreement is longer than three
months;
b) old age pension or long service pension, if a person in
accordance with the Law has the right to such pension regardless
whether a pension is being received.
[14 January 2010; 15 April
2010]
8.1 New wording of Section 3, Paragraph five,
Clause 5, as well as Clause 8, Sub-clause 5, sub-paragraph "a" of
these Transitional Provisions regarding disbursement of monthly
average earnings in the amount of 95 per cent shall be applied
from 1 January 2010.
[14 January 2010]
8.2 In 2010 and 2011 a leave without retaining
remuneration for work shall not be included within a time period
which give the right to annual paid leave, if it is more than
eight weeks altogether during one year. The condition regarding
not including a leave without retaining of remuneration for work
within the referred to time period shall not apply to a leave
without retaining of remuneration for work, if it is used until
the day of coming into force of this Clause, as well as to the
case when an official (employee) is appointed for the
implementation of institutional strengthening programme projects
financed by the European Union in another country.
[15 April 2010]
9. The State and local government authority shall ensure that
monthly salaries for officials (employees) comply with the
requirements of this Law not later than until 1 April 2010,
except the cases referred to in Clause 10 of these Transitional
Provisions. Until 1 April 2010 a monthly salary of officials
(employees), except for the officials referred to in Section 2,
Paragraph two, Clause 3 of this Law, may not exceed the monthly
salary of the Prime Minister.
[15 April 2010]
10. The compliance of monthly salaries of employees of courts
and the Prosecutor's Office, officials (employees) of local
governments and institutions established by them, except for
officials referred to in Section 5 of this Law, as well as
officials (employees) of scientific institutes, State established
higher educational institutions and institutions established by
them, to whom the norms of this Law are applied, with the
requirements of this Law shall be ensured not later than by 1
September 2010.
[10 June 2010]
This Law shall come into force on 1 January 2010.
This Law has been adopted by the Saeima on 1 December
2009.
President V. Zatlers
Riga, 18 December 2009
1 The Parliament of the Republic of
Latvia
Translation © 2010 Valsts valodas centrs (State
Language Centre)