Dismissal of civil servants from office Civil Service Department under the Ministry of the Interior Rasa Tumėnė Advisor of the Division of Civil Service Terms and Conditions Tbilisi, 6-7 March 2012 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

CONTENT Regulation on dismissal civil servant from office; Social guarantees for civil servants whose positions were cancelled; Regulation on disciplinary sanction – dismissal from office. CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR 2

REGULATION The Law on Civil Service regulates all cases how civil servant could be dismissed from office. CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR 3

FREQUENT CASES OF DISMISSAL FROM OFFICE a civil servant resigns; the term of the appointment of an acting civil servant to the office expires; civil servant reaches 65 years or the term of the extension of his service expires; the mandate of the state politician or collegial state authority, which has admitted a civil servant of political (personal) confidence to office, expires; the position of a civil servant is being cancelled. 4 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

STATISTICS ON DISMISSAL CASES CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

CANCELING THE POSITION  Notice of the cancellation of the position 2 months in advance for civil servants;  A civil servant should be appointed to another position in institution if there is such position;  If civil servant is not appointed to another position, he is dismissed from office.  Civil Service Department offers a vacant position of the same or lower grade to civil servants dismissed from office as a result of the cancellation of position within 6 months from the day of dismissal from office. 6 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

SEVERANCE PAY FOR DISMISSAL A civil servant dismissed from office by the cancellation of the position is paid a severance pay which depends on the length of service:  If the length of service is up to five years – a civil servant is paid 2 months amount of the average salary;  from five to ten years – of 3 months;  from ten to twenty years – of 4 months;  over twenty years – of 6 months. The payment of the severance pay should start after one month from the day of the dismissal of a civil servant and be paid in equal parts every month. Amendments from 2011 November: payment is terminated when a person assumes a position of a civil servant or starts the work in institution which is financed by the state or municipality budget or in public institution or company which owner is the state or municipality or in the Bank of Lithuania. CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

OTHER CASES OF DISMISSAL (1)  Civil servant loses the citizenship of the Republic of Lithuania;  the term of office of head of institution expires;  it becomes clear that in admitting a civil servant to office the requirements laid down in The Law on Civil Service were violated and these violations cannot be eliminated; it becomes clear that civil servant recruited to the position hid or present false documents or other information and couldn’t be recruited;  according to the evaluation commission offer, decision is made to dismiss civil servant from the service or career civil servant according to the unsatisfactory evaluation, doesn’t agree to be moved to lower position;  a civil servant, who held this position before, is returned to this position by a court decision; 8 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

OTHER CASES OF DISMISSAL (2)  a civil servant is deprived of special rights related to the performance of his direct duties;  a court sentence imposing a penalty upon him for a major crime or a crime against the civil service, public interest, corruption crime or a penalty barring him from discharging his duties becomes effective;  when a civil servant is not able to hold his position according to a conclusion of a medical or disability commission;  when civil servant is absent from work due to temporary incapacity for more than 120 calendar days in succession or more than 140 days during the last twelve months. 9 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

NEW CASES ON DISMISSAL FROM OFFICE FROM JUNE 2011 Civil servant is dismissed from office if:  The admitting person makes a decision that civil servant doesn’t satisfy the requirements of flaw-less reputation set in The Law on Civil Service and is not able to hold his position;  The admitting person doesn’t apply to law enforcement, control and other institutions that it present information about civil servants. The admitting person is responsible that all recruited civil servants will satisfy the requirements of flaw-less reputation in the institution. 10 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

DISCIPLINARY SANCTION - DISMISSAL Disciplinary sanction – dismissal from office could be imposed in two cases:  For serious misconduct;  For the other misconduct in office if a disciplinary sanction - a severe reprimand was imposed on a civil servant before at least once within the last 12 months. 11 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

SERIOUS MISCONDUCT Behavior of the civil servant which discredits civil service, humiliates person dignity or other actions when constitutional rights are violated; State, civil service or commercial secret disclosure; Activity which is related to corruption crime; Imposition of civil service and violation of Law on Public and private interests; Participation in activity which is incompatible with civil service; Absence from office for one or several working days without a reasonable cause; Etc. 12 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

PROCEDURE FOR IMPOSING DISCIPLINARY SANCTION - DISMISSAL Head of the institution should form the commission to investigate the misconduct in office; Civil servant is informed by written notice about the investigation of the misconduct within 5 working days; Civil servant could submit a written explanation regarding the misconduct within 5 working days; Investigation is performed within 20 working days; Motivated findings are prepared by the commission to the head of institution and specific disciplinary sanction is proposed. Head of institution decision about specific disciplinary sanction imposition within 1 month. Civil servant is introduced about imposition of disciplinary sanction. 13 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

IMPOSITION OF DISCIPLINARY SANCTION Disciplinary sanction is imposed according to: Fault; Reasons, conditions and consequences of making misconduct in office; Civil servant activity till the misconduct is made; Aggravating and extenuating circumstances which is set in the Law on civil service; The information received from Special investigation service by the procedure set in the Law on corruption prevention. Imposition of disciplinary sanctions may be appealed to the court. 14 CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

STATISTICS ON DISCIPLINARY SANCTIONS CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR

THANK YOU FOR YOUR ATTENTION! QUESTIONS? CIVIL SERVICE DEPARTMENT UNDER THE MINISTRY OF THE INTERIOR 16