Participation in International Civilian Missions Act
Passed 09.02.2011
RT I, 04.03.2011, 1
Entry into force 01.04.2011
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 13.06.2012 | RT I, 06.07.2012, 1 | 01.04.2013 |
| 19.06.2014 | RT I, 29.06.2014, 109 | 01.07.2014, the ministers’ official titles have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act starting from the wording in force as of 1 July 2014. |
| 19.11.2014 | RT I, 13.12.2014, 1 | 01.01.2016; date of entry into force amended to 01.07.2016 [RT I, 17.12.2015, 1] |
| 25.11.2015 | RT I, 17.12.2015, 1 | 20.12.2015, in part 01.01.2016 and 01.07.2016 |
Chapter 1 General Provisions
§ 1. Scope of regulation and scope of application of Act
(1) This Act regulates the participation of the Republic of Estonia in international civilian missions and the rights, obligations and social guarantees of experts seconded to a mission.
(2) This Act does not apply to participation in international rescue or explosives removal carried out on the basis of a request for assistance submitted under an international rescue agreement or a request for assistance submitted by a Member State of the European Union. In such an event the fulfilment of the request for assistance is decided under the Rescue Act.
(3) The Public Service Act and the Employment Contracts Act applies to experts who are seconded to a mission, unless otherwise provided for in this Act
(4) The Administrative Procedure Act, taking into account the specifics of this Act, applies to the administrative procedure provided for in this Act.
§ 2. Definitions
For the purposes of this Act:
1) international civilian mission means a mission that performs the tasks of humanitarian aid or international civilian crisis management (hereinafter mission);
2) expert means a person who has the qualifications that are required for participating in a mission;
3) humanitarian aid means financial or material aid granted to another state or sending rescue capacity comprising human resources and technical equipment to a disaster area in order to, at the time of natural or human-induced disasters or thereafter, rescue human lives, alleviate human suffering and grant the minimum resources necessary to lead a life that is compatible with human dignity;
4) urgent mission means a humanitarian aid mission that calls for the readiness to react within 24 hours as of making the decision to second an expert and whereby the term of the expert's secondment does not exceed 90 consecutive calendar days;
5) non-staff public servant means a citizen of Estonia who has been appointed or transferred to a non-diplomatic position in the Ministry of Foreign Affairs for the period of working as an expert in a long-term mission;
6) secondment means sending an expert to the place of a mission to perform specific duties on the basis of an employment contract, another contract under the law of obligations or on the basis of a public service relationship;
7) short-term mission means a mission whereby the term of secondment of an expert does not exceed 90 consecutive calendar days;
8) mission leader means a person appointed by the organiser of a mission, whose duties include day-to-day management of the mission and organisation of the work of the mission;
9) organiser of mission means an international organisation, state or a group of states that ensures the organisation of a mission;
10) long-term mission means a mission whereby the term of secondment of an expert exceeds 90 consecutive calendar days;
11) rescue team means a group of experts formed for every single urgent mission;
12) civilian crisis management means interference, using non-military measures, with a crisis that may spark off or has sparked off as a result of a conflict or a natural or human-induced disaster, in order to prevent the crisis from spreading and contribute to solving it.
§ 3. Goals of participation in missions
(1) The Republic of Estonia participates in missions with the goal of:
1) ensuring international peace and stability and promote democracy, respect for human rights and good governance;
2) contributing to the peaceful resolution of conflicts, elimination of their reasons and alleviation of their consequences;
3) contributing to economic development and combating poverty;
4) contributing to the improvement of the civilian crisis management capacity of the European Union and other international organisations or target states;
5) providing humanitarian aid.
(2) The goals laid down in subsection (1) of this section are followed when making a decision over participation in a mission.
Chapter 2 Preparation for and Participation in Missions
§ 4. Organisation of preparation for and participation in missions
(1) Preparation for and participation in missions is organised by the Ministry of Foreign Affairs, which involves other authorities, if necessary.
(2) Preparation for and participation in urgent missions is organised by the Rescue Board, which is in the area of government of the Ministry of the Interior (hereinafter Rescue Board). In such an event the Ministry of Foreign Affairs takes the steps set out in clauses 1) to 3) of subsection (5) of this section.
(3) Preparation for a mission includes the following:
1) planning of participation in missions;
2) participation of experts in mission-related training;
3) acquisition of equipment required for the mission;
4) medical examination and vaccination of experts;
5) entry into insurance contracts required for participation in the mission.
(4) Participation in a mission includes the following:
1) seconding experts to the mission;
2) financing the mission.
(5) Upon performance of the task specified in subsection (1) of this section, the Ministry of Foreign Affairs:
1) coordinates cooperation between authorities in planning participation in missions;
2) organises the exchange of information with appropriate authorities and informing the public;
3) maintains a database of experts;
4) seconds experts to missions;
5) organises the medical examination and vaccination of experts in accordance with § 25 of this Act;
6) coordinates the organisation of the mission-related training of experts;
7) if necessary, enters into agreements with other entities and individuals regarding the secondment of experts;
8) takes other steps required for the organisation of preparation for and participation in missions.
(6) Upon performance of the task specified in subsection (2) of this section, the Rescue Board:
1) ensures the readiness of experts, rescue team and equipment for an urgent mission;
2) seconds experts to an urgent mission;
3) trains experts and the rescue team in participating in an urgent mission;
4) manages the formation of a rescue team for an urgent mission;
5) enters into contracts with other entities or individuals in order to ensure the commencement of an urgent mission;
6) organises the medical examination and vaccination of experts seconded to an urgent mission in accordance with § 25 of this Act;
7) takes other steps required for the organisation of preparation for and participation in an urgent mission.
§ 5. Financing missions
(1) Missions may be financed both in the event of secondment of experts as well as in cases where no experts are seconded.
(2) Financing means, among other things, handing over things for a mission free of charge.
§ 6. Covering mission expenses
(1) The expenses of preparation for and participation in missions are covered from the budget of the Ministry of Foreign Affairs, unless these are covered from other funds.
(2) The expenses of preparation for, participation in and organisation of participation in urgent missions are covered from the budget of the Rescue Board to the extent of the steps set out in subsection 4 (6) of this Act, unless agreed otherwise.
§ 7. Deciding on participation in missions
(1) The Ministry of Foreign Affairs gathers information about missions, accept invitations to participate and requests for assistance, and analyse the necessity, appropriateness and possibility of participating in a mission.
(2) Other authorities submit their proposals regarding participating in a mission to the Ministry of Foreign Affairs.
(3) Decisions to participate in a mission are based on an international agreement, a request for assistance of a state or international organisation or an invitation from the organiser of the mission.
(4) The Ministry of Foreign Affairs coordinates the participation in an urgent mission with the Ministry of the Interior before making an appropriate decision.
(5) The minister responsible for the field makes a decision to participate in a mission.
Chapter 3 Seconding Experts to and Recalling Experts from Missions
§ 8. Selection of experts
(1) After a decision to participate in a mission by way of secondment of an expert, the Ministry of Foreign Affairs makes a proposal to experts to run for participation in the mission. If necessary, the Ministry of Foreign Affairs asks other authorities for proposals regarding experts suitable for the mission or announces a call for proposals for finding an expert.
(2) The running for a mission and the secondment of an expert is coordinated in writing with:
1) in the event of an expert working in public service, the head of the authority or, in the event of an expert working in a ministry or an authority in its area of government, the head of the authority and the Secretary General of the ministry;
2) in the event of an expert who works for another employer under an employment contract, the employer.
(3) The Ministry of Foreign Affairs submits the data of the candidates to the organiser of the mission, who will choose the expert from among them. The Ministry of Foreign Affairs chooses the expert, unless it has been provided that the organiser of the mission chooses the expert.
(4) An expert to be seconded to an urgent mission is chosen by the Director General of the Rescue Board via the database of experts with the approval of the Ministry of Foreign Affairs. Subsections (1) to (3) of this section do not apply in such an event.
§ 9. Seconding experts to missions
(1) A public-service expert’s right to exercise public authority in the relevant authority is suspended for the period of participating in a mission, unless agreed otherwise.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(2) Section 19 of the Employment Contracts Act applies to the employment relationship of an expert working under an employment contract during the period of participation in a mission, unless agreed otherwise.
(3) Health insurance is granted for an expert for the period of participation in a mission. The Ministry of Foreign Affairs or the organiser of the mission concludes health insurance contracts for experts seconded to a short-term or long-term mission. The Rescue Board or the organiser of the mission concludes health insurance contracts for experts seconded to an urgent mission.
(4) The procedure for seconding experts to missions will be established by a regulation of the Government of the Republic.
§ 10. Specifics of secondment to long-term missions
(1) An expert is employed in service or transferred to the position of non-staff public servant in the Ministry of Foreign Affairs for the period of participating in a long-term mission. The time for arrangement of personal affairs set out in subsection (4) of this section and in subsection 13 (4) of this Act is included in the term of service.
(2) An expert is seconded to a long-term mission by a directive of the Secretary General of the Ministry of Foreign Affairs.
(3) An expert is seconded to a mission without family members.
(4) Before secondment to a long-term mission, the Ministry of Foreign Affairs gives an expert up to five working days for arrangement of personal affairs and during that time the expert is released of their duties of office or employment. The expert receives a salary or wages for such time in accordance with § 18 of this Act.
(5) Upon the consent of the expert, the Secretary General of the Ministry of Foreign Affairs may extend the term of the expert’s participation in the mission, coordinating it with the persons specified in subsection 8 (2) of this Act.
§ 11. Specifics of secondment to short-term missions
(1) The Secretary General of the Ministry of Foreign Affairs seconds experts to short-term missions.
(2) If the expert works in the Ministry of Foreign Affairs, they may be seconded to a short-term mission or sent on a business trip or official travel. In other events the expert is seconded to a short-term mission on the basis of a contract under the law of obligations.
§ 12. Specifics of secondment to urgent missions
(1) The Director General of the Rescue Board seconds experts to urgent missions upon the approval of the Ministry of Foreign Affairs.
(2) For the purpose of suspension of the right to exercise the public authority of an expert to be seconded to an urgent mission or for application of § 19 of the Employment Contracts Act in the events set out in subsections 9 (1) and (2) of this Act, the consent of the head of the authority or of the employer of the expert who is working on the basis of an employment contract is required at least in a format that can be reproduced in writing.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(3) An expert is seconded to an urgent mission on the basis of a contract under the law of obligations.
§ 13. Recalling experts from missions
(1) An expert is recalled from a mission by the person who seconded the expert. The Rescue Board coordinates the recall of an expert from an urgent mission with the Ministry of Foreign Affairs.
(2) The person who seconded an expert will recall an expert from a mission:
1) upon expiry of the term of secondment of the expert;
2) at the request of the expert;
3) due to the expert’s health status.
(3) The person who seconded an expert may recall the expert from the mission at any time if:
1) it becomes evident that the expert is unsuited for the performance of the tasks of the mission;
2) the foreign policy or security policy need for the participation of the expert in the mission lapses.
(4) In the event of a recall from a long-term mission on the grounds set out in clauses 1) and 3) of subsection (2) of this section and in clause 2) of subsection (3) of this section, the Ministry of Foreign Affairs gives the expert up to five working days for arrangement of their personal affairs, during which period the expert is released from official or employment duties. The expert receives a salary or wages for the time in accordance with § 18 of this Act.
(5) The procedure for recalling experts from missions will be established by a regulation of the Government of the Republic.
§ 14. Release of experts from service in Ministry of Foreign Affairs
An expert is released from the position of a non-staff official in the Ministry of Foreign Affairs in the event of a recall from a long-term mission on the grounds set out in subsections 13 (2) and (3) of this Act.
§ 15. Right to return to former or equal position
(1) Once an expert returns from a mission, the authority where the expert worked before the secondment to the mission ensures them at least the former or equal position and salary that the expert received in the position in the authority until they were seconded to the mission. This subsection applies if the expert has participated in a mission for three consecutive years.
(2) If the special act regulating the service relationship between the expert and the authority where the expert worked before being seconded to the mission provides for a term or procedure different from subsection (1) of this section, the special act applies.
Chapter 4 Rights, Duties and Guarantees of Experts
§ 16. Subordination of experts while on mission
(1) While on a mission, an expert or the head of a group of experts is, in matters of the work organisation of the mission, subordinated to the head of the mission or to the steering body of the appropriate international organisation.
(2) In matters not specified in subsection (1) of this section, an expert is subordinated to or receives instructions from the person who seconded the expert.
§ 17. Duties of experts
(1) While on a mission, experts perform the tasks assigned by the person who seconded the experts. The Rescue Board coordinates with the Ministry of Foreign Affairs the tasks to be carried out by experts on an urgent mission.
(2) According to the subordination, experts carry out work orders and instructions given by the persons specified in § 16 of this Act.
(3) During performance of tasks on short-term and long-term missions experts send reports on their activities to the Ministry of Foreign Affairs at least once a month, unless agreed otherwise.
(4) Within two weeks after a short-term mission and within three weeks after a long-term mission, experts submit to the Ministry of Foreign Affairs a summary of the tasks carried out by them.
(5) Within two weeks after an urgent mission the expert or the head of the rescue team submits to the Rescue Board a summary of the tasks carried out by them. The Rescue Board forwards a copy of the summary to the Ministry of Foreign Affairs.
§ 18. Remuneration of experts
(1) During participation in a mission, experts receive wages or salary on the basis of this Act and pursuant to the procedure established in the Employment Contracts Act.
(2) During participation in a mission, experts receive wages or salary at the rate of their average wages or salary in the six months preceding the secondment, unless agreed otherwise. If an expert has received no wages or salary in six months preceding the secondment, the expert will receive wages or salary at least at triple the rate of the Estonian minimum wage during participation in the mission.
(3) Depending on the location of the mission, the specifics of the expert’s tasks or the dangerousness of the mission region, the person who seconds the expert may grant the expert higher wages or salary than specified in subsection (2) of this section for the term of secondment, but no more than fifteen times the Estonian minimum wage.
(4) The size of the salary of the expert who has been seconded on the basis of a contract under the law of obligations is specified in the contract.
(5) Subsections (1) to (4) of this section do not apply if the expert is remunerated by the international organisation in whose direct subordination the expert carries of their tasks during the mission.
(6) In the event of seconding an expert to an urgent mission the Rescue Board coordinates the terms of their remuneration with the Ministry of Foreign Affairs.
§ 19. Working and rest time during mission
The working and rest time and the organisation of the working time of an expert on a mission is established by the head of the mission or the steering body of the appropriate international organisation.
§ 20. Holiday during long-term mission
(1) An expert is entitled to a holiday during participation in a long-term mission on the basis of this Act.
(2) The length and time of the holiday of an expert is determined by the head of the mission or the steering body of the appropriate international organisation.
(3) An expert informs the Ministry of Foreign Affairs of the length of their holiday and of using the holiday. The holiday of the expert is formalised by a directive of the Secretary General of the Ministry of Foreign Affairs.
(4) An expert receives a salary or wages for the time of the holiday in accordance with § 18 of this Act.
(5) Upon release of an expert from the service in the Ministry of Foreign Affairs, the expert is not compensated for the holiday unused during the mission in money.
§ 21. Covering expenses of experts during mission
(1) The scope and conditions of and procedure for covering the expenses of experts who have been seconded to a mission, including of the daily allowance, will be established by a regulation of the Government of the Republic.
(2) The expert will immediately inform the authority who pays the daily allowance or covers the expenses of any circumstances that affect or may affect the payment of the daily allowance and coverage of the expenses specified in subsection (1) of this section.
(3) The expert will refund the amount that has been unfoundedly paid as the daily allowance or unfoundedly spent on their secondment due to the submission of false data or failure to inform of the circumstances affecting payment of the daily allowance and coverage of the expenses.
(4) If the expert fails to refund the amount specified in subsection (3) of this section, a precept claiming a refund of the amount will be issued along with a warning. In the event of failure to comply with the precept during the term specified in the precept the authority that paid the daily allowance and covered the expenses has the right to submit the precept for compulsory enforcement pursuant to the procedure provided for in the Code of Enforcement Procedure.
§ 22. Compensation in event of death of expert while carrying out tasks during mission
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(1) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(2) If an expert dies while carrying out their tasks during a mission, the state will pay one-off compensation based on the average monthly salary or wages of the expert on the ground and in accordance with the procedure established in § 49 of the Civil Service Act and taking into account the specifications set out in this section.
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(3) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(4) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(5) The Ministry of Foreign Affairs will, at the expense of the state, organise the transportation to Estonia of the remains of an expert who died while carrying out their tasks during a mission, unless it is covered under the insurance contract concluded on the basis of subsection 9 (3) of this Act.
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(6) The costs of the funeral of an expert who dies while carrying out their tasks during a mission are covered by the state to the extent set out in § 49 of the Civil Service Act.
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
§ 23. Compensation in event of reduction of work ability of expert while carrying out tasks during mission
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(1) If on the basis of the Work Ability Allowance Act an expert is found to have partial work ability or no work ability as a result of an injury suffered or illness contracted while carrying out the tasks during a mission, the expert will receive compensation based on the average monthly salary or wages of the expert on the ground and in accordance with the procedure established in § 49 of the Civil Service Act and taking into account the specifications set out in this section.
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(2) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(3) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(4) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(5) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(6) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(7) [Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(8) The state will pay one-off compensation to an expert in the amount of the one month’s average salary or wages of the expert if the expert is found to have a temporary loss of the work ability that does not involve partial work ability or absence of the work ability in connection with an attack against the expert, prevention of an offence by the expert, resolution of a rescue event or countering a threat by the expert upon performance of tasks on a mission.
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
(9) If the expert has been injured or contracted an illness in connection with an attack against the expert, prevention of an offence by the expert, resolution of a rescue event or countering a threat by the expert upon performance of tasks on a mission, the state will bear their treatment and medicinal product expenses that are not covered under an insurance contract concluded in accordance with subsection 9 (3) of this Act.
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
§ 24. Calculation and payment of compensation
[Repealed – RT I, 17.12.2015, 1 – entry into force 01.07.2016]
§ 25. Medical examination and vaccination
(1) An expert that is seconded to a long-term mission will undergo a medical examination before secondment and undergo a medical examination at least once every three years while participating in the mission. The scope of the medical examination will be established by a regulation of the minister responsible for the field.
(2) An expert is not be required to undergo the medical examination specified in subsection (1) of this section before the secondment to the mission if the expert has undergone it no more than three months before making the decision to participate in the mission.
(3) An expert seconded to a short-term mission will not undergo a medical examination before the secondment to the mission, unless agreed otherwise upon secondment of the expert.
(4) An expert seconded to an urgent mission does not have to undergo a medical examination before the secondment. The Rescue Board ensures the preparation of the expert for the urgent mission by way of regular examination of the expert’s health status and by vaccinations. The scope of medical examination will be established by a directive of the Director General of the Rescue Board.
(5) Before the secondment to a mission and, if necessary, during participation in the mission, experts are vaccinated in accordance with the recommendations of the World Health Organization and the Health Board or the host country.
Chapter 5 Implementing Provisions
§ 26. Act applicable to experts participating in missions
(1) Upon entry into force of the Act, an expert who is on a long-term mission will be appointed or transferred to the position of a non-staff public servant in the Ministry of Foreign Affairs if the Ministry of Foreign Affairs covers the expert's expenses of participation in the mission.
(2) An expert who is on a long-term mission at the time when the Act enters into force will not be appointed or transferred to the position of a non-staff public servant in the Ministry of Foreign Affairs if the term of secondment of the expert will terminate within three months after the entry into force of this Act or if the expert does not comply with the requirements established to public servants.
§ 261. Person having permanent incapacity for work
A person who has been identified as being fully incapacitated for work under the State Pension Insurance Act is deemed as meeting the criterion for the absence of the work ability set out in § 23 of this Act. A person who has been identified as having partial incapacity for work under the State Pension Insurance Act is deemed as meeting the criterion for the partial work ability set out in § 23 of this Act.
[RT I, 17.12.2015, 1 – entry into force 01.07.2016]
§ 27. – § 36. [Omitted from this text.]
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