Archive:Public employment - Lithuania
This Statistics Explained article is outdated and has been archived.
- Source: Ministry of the Spanish presidency 2010, publication "Public employment in the European Union Member States" .
This article is part of a set of background articles and introduces public employment in Lithuania.
Regional and administrative organisation
Introduction
The main characteristics of the Lithuanian State are set out in the current Constitution:
• The State of Lithuania is an independent democratic Republic. Its territory is integral and can not be divided.
• Property is inviolable. The right of ownership is protected by law. However, property may be taken over only for the needs of society according to the procedure established by law and shall be justly compensated for.
• It is a market economy.
• The State supports economic efforts and initiatives that are useful to society. The State regulates economic activity so that it serves the general welfare of the Nation. The law prohibits monopolisation of production and the market and shall protect freedom of fair competition.
• Each human being may freely choose a job or business, and has the right to proper, safe and healthy conditions at work.
System of government
The Constitution establishes that the State of Lithuania is an independent Republic. State power shall be executed by: the Seimas (Parliament), the President of the Republic and the Judiciary. These institutions exercise the powers derived from National Sovereignty. The system reflects the principle of separation of powers.
Local Self-Government is based on the independence of the municipalities and is guaranteed by the following Constitutional precept: “The State supports the municipalities”. The Lithuanian Constitutional Court defends the principle of coordination between the State and the municipalities. The Constitution sets out the functions of the municipalities.
Regional organisation
The current administrative division was established in 1994 and modified in 2000 to adapt it to EU legislation. This division is made up of three levels: 10 counties, subdivided into 60 municipalities, made up of 500 “seniuˉnijos”.
Regional Level of the Political System: Regional Level Bodies: The highest territorial units in Lithuania are called counties. The functions of the Counties are set out in the Constitution. Local Level of the Political System: The 1994 Law on Local Self-Government governs the institutions of the Municipalities. The Municipal Council is made up of members elected for a 4-year mandate and is accountable to voters for their activities by means of surveys, meetings, assemblies, hearings and other forms of civic initiatives in the management of the municipality’s public affairs. The people or their representatives have the right to be informed about the decisions adopted by local authorities and to receive responses to work carried out by local authorities. The activities of the local authorities may only be confidential in the cases set out in the Law.
Public administration
Lithuania is a Parliamentary Republic. In turn, it is a unitary State made up of 10 counties and 60 municipalities. The counties (apskritis) are created by the Law of 15th December 1994, as administrative districts led by a governor appointed and released by the Government on the proposal of the Prime Minister.
Local administration applies the policies of the State in education, urban planning and agriculture in particular. Municipalities are administrative units of the State with the right to self-government guaranteed by the Constitution. Apart from being administrative districts, they act in accordance with the Law on Local Self-Government, have freedom in decision-making and their competencies are divided into devolved independent and state powers.
The Lithuanian Administration is made up of various Ministries grouped by area of activity. Along with these Ministries, there are other bodies for certain specific issues that are not incorporated in to the ministerial structure.
Public Employment Structure
Regulations: The Constitution and the Civil Service Law (2002). These specific regulations are not extended to 50% of public employees, as many of them are governed by private regulations.
Employee Categories: The Civil Service Law encompasses the legal relations arising after the acquisition of the status of civil servant as well as those resulting from the public administrative activities.
Definition: Civil servants are those people that carry out public administration activities in the implementation of public policies in a particular sphere of state government, coordinating this implementation, activities of the institutions, managing financial resources, municipal institutions or agencies, preparing or coordinating legal drafts, agreements and programmes and providing conclusions, managing human resources and exercising their powers with subordinate staff.
Status and Category of Civil Servants:
Around 27,000 civil servants with the legal status governed by the Civil Service Law are career civil servants, civil servants of political confidence and heads of institutions. The Civil Service Law (2002) has created favourable conditions to develop an open civil service that can reach an optimum size. Around 25,000 employees are governed by its statutes (diplomats, police officers, customs officials). Civil servants are regulated by the Civil Service Law.
Statistics: Lithuania has a population of 3,370,000 inhabitants, an active population of 1,614,300 and approximately 78,000 civil servants and other employees serving the state, municipal institutions and agencies under the employment contract system.
Rights, obligations, principles and values
Rights and General Obligations: Civil servants must abide by the Constitution and the laws of the Republic. They must serve the public interest and have a duty of discretion.
Civil servants have the right to a career in the administrations as well as the right to strike (except for certain civil servants’ categories) and to belong to political parties and unions.
Working Day: In accordance with the Employment Code and a Government resolution, working hours are 40 hours a week, 5 days a week, with 2 days rest in the State Administration, Municipal Institutions and Agencies. Public employees may reach agreements in this question and different working hours may be established.
Holiday Leave: Civil servants are entitled to annual holiday leave of 28 days. This period of 28 days may be extended to 35 if: the civil servant is single with a dependent child under the age of 14 or under the age of 18 if the child is disabled; if the civil servant is disabled.
A civil servant that has served for more than 5 years may enjoy an additional 3 days of annual holiday leave, and 2 more for each 3 year period.
Leave: Along with the right to holiday leave, civil servants are entitled to other types of leave regulated by public employment legislation, among which leave for civil servant training and to facilitate mobility can be highlighted.
Recruitment and Training: Entry conditions to the civil service concern citizenship, age (between 18 and 65), education (level depends on the position sought) and command of languages.
The recruitment procedure depends on the position being recruited. Each department or institution organises its recruitment processes in accordance with the provisions of the Civil Service Law and the procedure for organising civil service competitive exams.
Notification of a competition for heads of institutions or career civil servants must be published in the Official Journal and on the Civil Service Department’s website. The examination consists of two parts: a written exam and an interview. Their goal is to control the candidates’ ability to fulfil the functions required as part of the position applied for.
The recruitment procedure for civil servants of political confidence is not regulated.
Training: Training is organized in accordance with the Civil Service Law and the Training Strategy, defined by the Government for 2007-2010. It is a decentralised training system: 133 training centres have been accredited by the Ministry of the Interior to provide training courses to civil servants.
The Lithuanian Public Administration Institute is one such centre and provides training in issues related to human resources management, European Integration for civil servants of the highest grades (Grades 18-20).
Career-Based System
Career development outlines for civil servants are set out in the Civil Service Law. Therefore, there are elements that allow both horizontal and vertical mobility. Career development is governed by the following regulations:
1. A civil servant may apply for a vacancy of the same or a lower category.
2. Voluntary job swapping is allowed between civil servants.
3. A senior civil servant may be voluntarily moved (except positions of trust) to another vacancy of the same or a lower category.
4. A career based civil servant or a senior civil servant may be transferred in cases 1, 2 and 3 if he/she fulfils the requirements in the job description.
The Civil Service Law regulates voluntary vertical mobility, whereby an employee may occupy a vacancy within the same or another institution in a higher position or category.
A competition is not always necessary for civil servant career promotion. In these cases, a performance appraisal should be carried out. An Assessment Commission will be set up in each institution to carry out the performance appraisals and to make recommendations to the managers responsible for appointment.
Vertical promotion via competitive systems: These processes are open to internal and external candidates. The candidate must fulfil the requirements set out in the job description.
Performance Appraisals: The Civil Service Law provides for an assessment of civil servant performance. All civil servants, including heads, are assessed annually, except civil servants of political confidence.
The assessment interview with the direct supervisor includes an analysis of the results obtained by the civil servant according to each approved criterion, and the performance level achieved is defined (excellent, good, satisfactory, and unsatisfactory). Proposals regarding training required are made. After the interview, the civil servant must read and sign the assessment conclusions. An Assessment Commission then meets to analyse the conclusions and depending on the appraisal, the Assessment Commission can propose developments in terms of career and pay (promotion, qualification, bonus and training).
Remuneration
The unified pay scheme is defined in the Civil Service Law and has been effective since 2002. Remuneration consists of: basic salary, determined on the category and position of the civil servant and is the same for all positions in the same category (the category depends on the group and institution to which a civil servant is assigned), and additional pay and bonuses. The annual assessment appraises the performance of the civil servants. An excellent assessment can accelerate promotion and an unsatisfactory one may lead to the civil servant being downgraded or even dismissed (after two unsatisfactory assessments).
Social dialogue and system of representation
There is no obligation to collective bargaining. Social dialogue is carried out on 3 levels (national, sectorial and company level). The latter is the most developed whilst the former are quite weak, with the exception of some professions (teaching). Collective bargaining between government representatives, employers’ organizations and trade unions take place within the Tripartite Council, composed of permanent members from the three main unions and representatives of the ministries concerned. Negotiations mainly concern pay and working conditions, etc. Less than 15% of civil servants belong to a trade union. State representation is centred on the government and civil servant representation lies mainly in: Lithuanian Trade Union Confederation; Lithuanian “Solidarumas” Trade Union and the Lithuanian Workers Federation. The agreements signed are legally binding on the parties.
Senior civil servants
There is no specific status for SCS. However, there are some special regulations for heads of institutions and Grade 18 – 20 civil servants. These civil servants are recruited by means of a competition and according to special political confidence. Specialised training is available for them. They must complete the training programmes within two years of their appointment to office. Civil servants holding the post of Head of Department in a state or municipal institution do not have the right to strike. (Summary Table)
Recent reforms and prospects
On 28th April 2004, the Government approved the Strategy for the Development of the Public Administration 2004-2010 in which the main objectives are to strengthen administrative capacities and improve the image of the civil service.