Regulations Regarding the Amount of Benefits and Compensations to Officials (Employees) of a Diplomatic and Consular Service, Officials (Employees) of the State Direct Administration, Soldiers, Public Prosecutors and Liaison Officers for Service Abroad and the Procedures for Disbursement Thereof

[24 May 2011]

Issued pursuant to
Section 36, Paragraphs three and six of
the Law On Remuneration of Officials and
Employees of State and Local Government Authorities

[26 June 2012]

I. General Provisions

1. This Regulation prescribes the amount of benefits and compensations to diplomats, officials and employees of a diplomatic and consular service, specialised attachés, officials (employees) of the State direct administration, soldiers, public prosecutors and liaison officers (hereinafter - employee) according to the specific circumstances of the service location abroad, and the procedures for disbursement thereof.

[24 May 2011]

2. The Saeima, the Bank of Latvia, the Finance and Capital Market Commission, the Prosecutor's Office and a sectoral ministry or an institution subordinate thereto (hereinafter - sending institution) shall transfer the benefits to the personal account indicated by the employee in a credit institution.

[24 May 2011; 7 July 2015]

3. The amount of the wage benefit for service abroad (hereinafter - wage benefit), the benefit for the stay of a spouse abroad and the benefit of the stay of a child abroad shall be determined in accordance with Annex 1 to this Regulation according to the specific circumstances of the service location abroad, multiplying the amount of the benefit by the (correction) factor of the cost of living stipulated by the European Union for remuneration of public officials, temporary employees and members of the contract staff of the European Union (hereinafter - cost of living factor).

[28 December 2010]

3.¹ If the cost of living factor is changed, the sending state, in calculating the benefits referred to in Paragraph 3 of this Regulation, shall apply the respective cost of living factor from the first date of the next calendar month after the month when the respective changes entered into effect.

[28 December 2010]

3.² The wage benefit for service abroad, the benefit for the stay of a spouse abroad and the benefit of the stay of a child abroad for employees whose service location is in Belgium shall be applied the cost of living factor of 1.

[28 December 2010]

4. The sending state shall transfer compensations for the expenses to the personal account indicated by the employee in a credit institution or directly to service providers, on the basis of the amount of expenses and corroborating documents confirming payment (for example, hiring agreement, bills confirming the amount of utility payments, contract with the school, cheques, receipts).

5. A service location is the city or administrative territory where the employee is working and living during service abroad.

II. Wage Benefit for Service Abroad

6. The wage benefit for an employee shall be determined according to the office or service rank and disbursed starting from the first calendar day when he or she has arrived at the service location in order to carry out service duties, but no sooner than the date of relocation specified in the order. The wage benefit shall be disbursed for the time period that the employee spends on road to the service location or returning from it, but not more than for two days spent on the road each direction. Payment of the wage benefit shall be discontinued from the day when the service location is left, but not later than with the date of relocation specified in the order. The mission allowances instead of the wage benefit shall be paid to a soldier for the time period spent by him or her on the road to the service location or returning from it.

[28 December 2010]

7. The wage benefit shall be disbursed one a month, dividing the amount specified on the year by 12. If the wage benefit is disbursed for an incomplete month, the amount to be disbursed shall be calculated, dividing the amount of the wage benefit by the number of calendar days in the respective month and multiplying by the number of days to be paid.

8. The wage benefit shall not be disbursed for a time period when an employee:

8.1. is on a parental leave;

8.2. is on leave without retention of work remuneration;

8.3. is suspended from fulfilment of official duties.

8.¹ If a soldier is sent for service in the North Atlantic Treaty Organization, institutions of the European Union or multinational headquarters of member states to such organisations and according to a decision of the abovementioned organisations is sent on international missions, the wage benefit to the respective soldier shall be calculated for the time period of actual stay of family members of the soldier in the foreign country, from which he or she was sent on the international mission, taking into account the number of family members of the soldier:

8.¹ 1. for one family member - in the amount of 30 per cent;

8.¹ 2. for two and more family members - in the amount of 50 per cent.

[26 June 2012]

III. Benefit for the Stay of a Spouse Abroad and Benefit for the Stay of a Child Abroad

[21 October 2014]

9. An employee shall start receiving the benefit for the stay of a spouse abroad and the benefit for the stay of a child abroad with the first calendar day when the spouse and the child (hereinafter - family members) arrive at his or her service location. Benefits for the stay of family members abroad shall be disbursed once a month, dividing the amount specified for the year by 12. If the wage benefit is disbursed for an incomplete month, the amount to be disbursed shall be calculated, dividing the amount of the benefit by the number of calendar days in the respective month and multiplying by the number of days to be paid.

10. If family members are staying at the service location constantly, the employee shall receive benefits for the stay of the spouse and the child abroad for the same period, for which he or she is receiving the wage benefit.

11. The spouse and the child shall stay at the service location constantly, if their absence from the service location within a calendar year does not exceed 120 days, including the leave of the employee. In individual cases, if justifying reasons exist (for example, illness, studies in an accredited educational institution), the term of absence may be extended, but not more than up to 150 days with a written permission of the head of the sending institution, retaining the status.

12. If the spouse or the child begins or ends constant stay at the service location within a calendar year, the days of permissible absence outside service location shall be calculated in proportion to the number of calendar days that follow the beginning of stay until the end of the calendar year or from the beginning of the calendar year until the end of stay. In such cases the number of days of stay, for which the employee receives the benefit, shall be divided by 365 and multiplied by 120 or 150 (days), conforming to the conditions referred to in Paragraph 11 of this Regulation.

13. The benefit for the stay of a child abroad shall be disbursed to the employee until the time when the child reaches 18 years of age or graduates from a secondary education institution. The employee shall inform the sending institution in writing regarding continuation of secondary education after reaching 18 years of age and shall also submit a statement issued by the educational institution until the end of the calendar year.

14. If the spouse or the child is not staying constantly at the service location, the benefit shall be disbursed to the employee for the actual time of stay of the spouse or child, which does not exceed the service time of the employee at the service location.

15. The employee shall, within 10 days from the beginning or end of the stay of the spouse or the child, notify the sending institution in writing regarding the date, from which the spouse or the child will stay constantly at the service location, as well as the date, from which the spouse or the child will not stay constantly at the service location anymore. The employee shall, within 10 days after commencing or ending paid work, inform the sending institution in writing regarding the time when the spouse begins or ends working paid work.

16. The benefit for the stay of the spouse or the child abroad shall not be disbursed in the cases referred to in Paragraph 8 of this Regulation. The benefit for the stay of the spouse abroad shall also not be disbursed in cases, if the spouse is employed, retaining the diplomatic rank, or is employed in the diplomatic and consular mission of the Republic of Latvia.

[21 December 2014]

IV. Benefit for the Purchase of Household Inventory

17. Upon going to the service location, an employee shall be disbursed one-time benefit for the purchase of household inventory in accordance with Annex 3 to this Regulation.

18. Benefit for the purchase of household inventory shall not be disbursed if:

18.1. the state of the service location until sending has been the permanent place of residence of the employee;

18.2. the employee is relocated for work at the service location for a time period of less than a year.

19. If the employee is relocating to the service location together with the spouse who will stay there constantly, the amount of the benefit is increased by 20%. The amount of the benefit is increased by 10% for each minor child who will stay constantly at the service location.

20. The household inventory purchased using the benefit shall remain in the ownership of the employee.

21. In case of repeat relocation the benefit for the purchase of household inventory is disbursed, if not less than two full years have passed between the dates of relocation specified in orders.

22. If employees are spouses and they are going to one service location in separate time periods, the benefit for the purchase of household inventory shall be disbursed to the employee who is going to the service location first, in the amount that is due to the spouse holding higher rank. If the sending institutions are different institutions, the benefit shall be disbursed by the institution, the employee of which holds higher rank. If the sending institutions are different institutions and the institution, the employee of which holds lower rank and is the first to move to the service location, has already disbursed the benefit for the purchase of household inventory to its employee, then the institution, the employee of which holds higher rank, shall disburse the difference in the amount of the respective benefits to its employee.

[21 October 2014]

23. If the employee upon his or her initiative or after examination of a disciplinary matter, or disciplinary investigation, is recalled from service, the benefit for the purchase of household inventory shall be refunded in the following amount:

23.1. in the amount of 100%, if not less than a year has passed since the time of relocation;

23.2. in the amount of 40%, if more than a year, but less than two years have passed since the time of relocation.

V. Benefit for Covering Expenses of the Transport to be Used for Service Needs

24. The amount of the benefit for covering expenses of the transport to be used for service needs shall be EUR 71.14 per month. The benefit shall be disbursed for the time period when the employee is fulfilling service duties. If the benefit must be disbursed for an incomplete month, the amount to be disbursed shall be calculated, dividing the amount of the monthly benefit by the number of calendar days in the respective month and multiplying by the number of days to be paid. The benefit shall be disbursed for the time period when the wage benefit is disbursed.

[12 November 2013]

25. The benefit shall not be disbursed to the head of the mission and other employees who are provided with service transport.

26. The procedures by which service vehicles in the use of specialised attachés and liaison officers are used, if they are the property of the sending state or are leased, shall be determined by the sending institution according to the financial resources allocated thereto.

VI. Compensation of Apartment Rental Expenses and Utility Services, as well as Compensation of Expenses Related to Entering into an Apartment Rental Contract

27. The sending institution shall ensure the employee with living space. If there is no living space at the disposal of the sending institution (free apartment or house), the employee shall be compensated rental and utility expenses in accordance with Annex 4 to this Regulation.

27.¹ In case of exception, if the employee is relocated to a service location abroad for short period of time, which does not exceed one year, and the sending institution does not have free living space at the disposal thereof, as well as it is not possible or it is not economically feasible to rent out living space for a short period of time according to the special circumstances and practice of the service location, the sending institution shall cover hotel (accommodation) expenses of the employee in accordance with the hotel fee norms laid down in the laws and regulation regarding reimbursement of official travel expenses. Each such case shall be approved by the head of the sending institution, taking into account the economic feasibility provided by the head of the mission or an employee, if there is no head of the institution.

[21 October 2014]

28. If the actual expenses for rent and utility expenses are less than the maximum amount of compensation for rent and utility expenses laid down in this Regulation or the amount stipulated by the sending institution, the employee shall be reimbursed the actual expenses.

29. The amount of compensation of rental and utility expenses per one employee shall be determined for a family of two people (spouses). The amount of compensation of rental and utility expenses for each next family member who is staying constantly at the service location shall be increased by 5%.

30. In determining the conformity of rental and utility expenses with the limit set, the rate of foreign currency to be used in accounting on the day of entering into a rental contract shall be used as the basis. In order to determine the amount of compensation of rental and utility expenses for an incomplete year, the amount of compensation specified in a calendar year shall be divided by 12 and multiplied by the number of months to be paid. The maximum amount of rental and utility expenses shall be calculated for a time period when the respective expenses have actually occurred.

[12 November 2013]

30.¹ Expenses for renting an apartment provided with furniture or without furniture, as well as expenses for renting furniture shall be included in rental expenses.

[26 June 2012]

31. If the employee or his or her spouse own a house or apartment at the service location, in which he or she is constantly staying, rental and utility expenses are not compensated.

32. Heads of missions, including heads of the separate secretariats of general consulates, consulates and embassies, or specialised attachés, public prosecutors, soldiers of higher and senior officer corps or liaison officers, in individual cases, if it is justified by representation needs, may increase the amount of compensation, co-ordinating it with the head of the sending institution.

[28 December 2010; 24 May 2011]

33. The expenses related to entering into a rental contract (for example, services of a broker, lodging of a deposit), with prior co-ordination with the head of the sending institution, shall be compensated according to the corroborative documents submitted, not exceeding the amount of rental payment for five months. The head of the sending institution may decide on compensating expenses, which are related to termination of the rental contract (for example, services of a certified valuator of residential premises), taking into account a submission of the employee, in which economic feasibility is justified.

[26 June 2012]

VII. Compensation of Travel and Relocation Expenses of the Employee and his or her Family Members

34. Travel expenses shall be compensated to the employee and his or her family members according to the corroborative documents submitted. Travel expenses shall be compensated regardless of the type of vehicle used in the respective route in the time period specified in the order of the head of the sending institution, without exceeding the amount of the price of airline ticket in economy class.

35. The employee shall be ensured with transportation of personal belongings by a vehicle of the sending institution, when going to and returning from the service location.

36. If it is not possible to deliver personal belongings by a vehicle of the sending institution, expenses for delivering cargo using other vehicles shall be compensated according to the submitted documents confirming expenses, without exceeding the amount of expenses provided for transportation of a container (12 m x 2.4 m x 2.6 m), as well as covering expenses related to loading and unloading of the container, co-ordinating with the head of the sending institution in advance.

VIII. Compensation of Insurance and Transportation Expenses of the Employee and his or her Family Members

37. The employee and his or her family members shall be compensated expenses related to:

37.1. health insurance;

37.2. insurance against accidents;

37.3. transportation in case of a serious disease or death.

38. The expenses provided for in Sub-paragraphs 37.1 and 37.2 of this Regulation shall be compensated according to the actual expenses, but without exceeding 1708 euros per year for adults and 997 euros for children up to 18 years of age.

[12 November 2013]

39. The head of the sending institution may decide on increasing the limits of insurance premiums referred to in Paragraph 38 of this Regulation, taking into account a motivated submission of the head of the mission, specialised attaché or liaison officer, detailed justification of the limits of insurance premiums and the amount of the financial resources assigned.

IX. Compensation of School and Pre-school Expenses for a Child

40. The employee shall be compensated the following school and pre-school expenses for a child:

40.1. pre-school expenses for a child (except cases, if the spouse is staying at the service location constantly and is not employed in paid work, but not in case, if the spouse is unable to take care of the child due to the state of health);

40.2. expenses for a preparation class and school educational institution in order to acquire basic education or secondary education, if the child is attending a State school at the service location, a school provided for children of employees of local governments, international institutions and diplomats and a study fee is specified in the school.

[21 October 2014]

41. Before selecting a pre-school educational institution, preparation class and school (hereinafter - school), the employee shall submit information regarding schools at the service location to the head of the sending institution for evaluation. The selected school shall be accepted and a decision on compensation of school expenses shall be taken by the head of the sending institution, on the basis of a written account of the situation and documents confirming expenses of an educational institution. In an exceptional case, if it is justified by objective circumstances, the head of the sending institution may take a decision to cover such expenses, which are not included in the total study fee, but are necessary for acquisition of education (for example, compulsory measures included in the study programme, centralised study materials to be purchased, school transport expenses).

42. If the child discontinues studies at school in the time period, for which compensation of school expenses for a child is covered, and it is not possible to recover money from the educational institution for the time period, in which the child of the employee is not studying at the abovementioned institution, a new compensation of school expenses for a child shall not be disbursed to the employee for the time period already compensated. This Paragraph shall not apply to the cases referred to in Section 37 of the State Civil Service Law, Section 26 of the Military Service Law and Section 14, Paragraph three of the Diplomatic and Consular Service Law.

[28 December 2010]

43. If the employee is released from service, his or her duty is to refund the part of the study fee for the remaining study period, for which compensation has been received. This Paragraph shall not apply to the cases referred to in Section 37 of the State Civil Service Law and Section 26 of the Military Service Law, as well as other circumstances not depending on the employee.

[28 December 2010]

X. Compensation for Travel Expenses of the Employee and his or her Family Members

[21 October 2014]

44. Once a calendar year the employee, his or her spouse and child who are staying at the service location constantly, shall be covered expenses upon leaving on vacation to Latvia and return to the service location from Latvia, if corresponding documents justifying expenses are submitted. Travel expenses shall be compensated regardless of the type of vehicle used in the respective route in the time period specified in the order of the head of the sending institution, without exceeding the amount of the price of airline ticket in economy class.

45. If the spouse or child of the employee is not staying constantly at the service location, they may be covered travel expenses, once a calendar year, from their constant place of stay to the service location of the employee and back, if corresponding documents justifying expenses are submitted. Travel expenses shall be compensated regardless of the type of vehicle used in the respective route in the time period specified in the order of the head of the sending institution, without exceeding the amount of the airline ticket price in economy class in route from Latvia to the service location of the employee and from the service location of the employee to Latvia.

46. If the employee is carrying out service in a state where special or dangerous circumstances exist, the employee and his or her family members, by an order of the sending institution, may be specified compensation of travel expenses more frequently than once in a calendar year during leave.

46.¹ The employee shall be covered travel expenses in relation to arrival to a funeral of a family member or dependant, on the basis of documents justifying expenses. Airline ticket expenses in business class shall be permissible, if airline ticket in economy class is not available.

[21 October 2014]

XI. Closing Provisions

47. The travel expenses referred to in Paragraphs 44 and 45 of this Regulation for an employee and his or her family members shall be covered, if not less than six months have passed since arrival of the employee at the service location, except cases if the employee is moving from one service location abroad to another service location abroad.

48. If employees are spouses and are serving at the same service location, the benefits specified in this Regulation (except wage benefit, benefit for the purchase of household inventory in the case specified in Paragraph 22 of this Regulation and benefit for covering expenses of transport to be used for service needs) and compensation shall be paid to the employee who holds higher rank, also in case of different institutions of dispatch. If employees hold an equivalent rank, the sending institutions shall reach a mutual agreement on disbursement of the benefits and compensations specified in this Regulation.

[21 October 2014]

49. The Ministry of Foreign Affairs shall ensure publishing of the current cost of living factor on the website of the Ministry of Foreign Affairs, indicating a reference to a legal act or decision of the European Union.

[28 December 2010]

50. Employees, the amount of whose benefits or compensations or the procedures for their disbursement in accordance with this Regulation deteriorates the conditions of stay at the service location, shall continue to receive benefits and compensations until the end of the service in the current position in such amount, which was determined until the day of coming into force of this Regulation (except the case, if the cost of living factor is changed). If amendments to this Regulation deteriorate the conditions of stay for employees who are already at the service location, the respective amendments shall not be applied to such employees until the end of the service.

[28 December 2010; 24 May 2011]

50.¹ On the basis of the specific nature of military service, Paragraphs 19 and 29 of this Regulation shall not be applied to a soldier who is relocated to a service location abroad for a time period not exceeding one year, and he or she shall not be disbursed:

50.¹ 1. the benefit for the stay of the spouse and the child abroad;

50.¹ 2. the compensation for travel and relocation expenses of family members;

50.¹ 3. the compensation for travel expenses, in once a year leaving on vacation to Latvia;

50.¹ 4. the compensation for school and pre-school expenses for children;

50.¹ 5. the compensation for expenses for health insurance of family members and their insurance against accidents, which are related to harm to health.

[28 December 2010]

50.² In applying the conditions of this Regulation, a soldier shall be compensated expenses for studies of a child at a private educational institution in the amount of 60%, if the service location of the soldier is located in a state where there is a possibility of studying at a State educational institution or in an educational institution provided for children of employees of international institutions, without changing the study language, except the case if the child is attending a private educational institution in order to be able to continue education in the language, in which he or she has already studied at the previous service location of the soldier or in Latvia, or if any of the children of the soldier are already studying at the respective educational institution.

[22 April 2015]

51. The Regulation shall be applicable from 1 July 2010.

Prime Minister V. Dombrovskis

Minister for Foreign Affairs A. Ronis

Annex 1
Cabinet Regulation No. 602
29 June 2010

Wage Benefit of the Employee, as well as Benefit for the Stay of the Spouse and Child

[12 November 2013]

1. The following maximum wage benefits of the employee, as well as benefits for the stay of the spouse and child shall be determined in a calendar year:

(euro)

2. The amounts of wage benefits of employees, as well as of benefits for the stay of the spouse and child shall be determined by the head of the sending institution by an order, taking into account the financial resources of the institution, but not less than in the amount as was determined prior to the day of coming into force of this Regulation.

3. The final amount of the benefit shall be calculated multiplying the amount of the benefit specified by the head of the sending institution by the cost of living factor.

Annex 2
Cabinet Regulation No. 602
29 June 2010

Cost of Living Factors

[28 December 2010]

Annex 3
Cabinet Regulation No. 602
29 June 2010

Benefit for the Purchase of Household Inventory

[12 November 2013]

The benefit for the purchase of household inventory shall be determined in the following amount:

(euro)

Annex 4
Cabinet Regulation No. 602
29 June 2010

Compensations for Apartment Rental and Utility Expenses

[12 November; 21 October 2014; 22 April 2015]

1. For the calculation of the amount of compensation for apartment rental and utility expenses employees shall be divided into the following groups according to positions:

1.1. Group I - ambassador, head of the representation, authorised clerk, general consul, public prosecutor - representative of Eurojust, soldier of senior officer corps, official of the State direct administration whose position conforms to the monthly wage group 14, 15 or 16;

1.2. Group II - adviser, sectoral adviser, liaison officer, first secretary, sectoral attaché, consul, head of the consulate, head of the consulate, head of the consular department, head of the department, official of the State direct administration whose position conforms to the monthly wage group 11, 12 or 13;

1.3. Group III - first rank defence attaché, second rank defence attaché, third rank defence attaché, solder of senior officer corps;

1.4. Group IV - soldier of junior officer corps, assistant defence attaché;

1.5. Group V - second secretary, vice-consul, senior accountant, administrator of information systems, head of the chancellery, senior clerk, third secretary, assistant sectoral attaché, attaché, accountant, deputy head of the chancellery, specialist, maintainer of information systems, clerk, driver of a car, household manager, senior rapporteur, soldier of instructor and private corps, house manager, official of the State direct administration whose position conforms to the monthly wage group 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10.

2. The following maximum amount of compensation for apartment rental and utility expenses shall be determined in a calendar year:

(euro)

3. Taking into account the financial resources of the sending institution, the amounts of the compensation for apartment rental and utility expenses may be reduced by the head of the institution by an order.

4. The states not referred to in this Annex shall be applied the amount of compensation for apartment rental and utility expenses specified for Belgium.

Translation © 2015 Valsts valodas centrs (State Language Centre)