(1)This Act regulates: 1) foreign service; 2) the employment of an administrative official on a long-term assignment in a foreign mission of the Republic of Estonia (hereinafter foreign mission); 3) social guarantees of a diplomat and of an administrative official and their rights and obligations. 1 (1¹) This Act applies to an administrative official employed in a non-diplomatic place of employment in a foreign mission on the basis of a contract of employment as well as an official.[RT I, 26.03.2013, 3 – entry into force 01.04.2013]
(2)This Act does not apply to a person employed by the Ministry of Foreign Affairs in the receiving state of the foreign mission who is employed in the foreign mission on the basis of a contract of employment.
(3)The Civil Service Act applies to matters not governed by the Foreign Service Act. Subsection 2 of § 10 of the Civil Service Act does not apply to a diplomat and administrative official.[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(4)The Administrative Procedure Act applies to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
(1)In this Act, the following definitions are used: 1) “foreign service” means the civil service of a diplomat in a diplomatic post;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 2) “diplomatic post” means a post of the Ministry of Foreign Affairs, whose duties include foreign relations and representation of Estonia;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 3) “diplomat” means a career diplomat or specialised diplomat; 4) “career diplomat” means an official who is on the staff of the Ministry of Foreign Affairs in foreign service, who has received a diplomatic rank or a diplomatic service rank and who is authorised to represent Estonia in foreign relations; 5) “specialised diplomat“ means an official of another ministry or an agency within the area of government thereof who has been employed in foreign service in a diplomatic post of the Ministry of Foreign Affairs and who represents Estonia in foreign relations within the determined limits of authority and at a determined time;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 6) “career diplomat candidate” means an official employed in a diplomatic post who has not yet received a diplomatic rank or a diplomatic service rank. A specialised diplomat is not deemed to be a career diplomat candidate; 7) for the purposes of this Act, “administrative official” means an official employed in a non-diplomatic place of employment in a foreign mission;[RT I, 26.03.2013, 3 – entry into force 01.04.2013] 8) for the purposes of this Act, “staff administrative official" means an official who is included in the staff of the Ministry of Foreign Affairs; 9) for the purposes of this Act, “non-staff administrative official" means an official of another ministry or an agency within the area of government thereof employed as a non-staff official servant in a non-diplomatic place of employment in the Ministry of Foreign Affairs for the period of employment in foreign service;[RT I, 26.03.2013, 3 – entry into force 01.04.2013] 10) for the purposes of this Act, “sending ministry” means a ministry which appoints an official to the place of employment of a specialised diplomat or a non-staff administrative official by notifying the Ministry of Foreign Affairs in advance. The requirements provided for the sending ministry do not apply to the Ministry of Foreign Affairs;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 11) for the purposes of this Act, “official” means a diplomat or an administrative official; 12) for the purposes of this Act, “accompanying spouse or registered partner” means the spouse or registered partner permanently accompanying an official employed on a long-term assignment for not less than 183 days in a mission year, who has a shared household with the official;[RT I, 06.07.2023, 6 – entry into force 01.01.2024] 13) [Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025] 14) for the purposes of this Act, "accompanying child" means a minor child or a child acquiring basic or secondary education or an adult child with reduced workability and who needs assistance accompanying an official employed in a long-term assignment for not less than 183 days in a mission year;[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(141)for the purposes of this Act "accompanying support person" means a person accompanying an official employed in a foreign mission on a long-term assignment without an accompanying spouse or registered partner for at least 183 days during the year of assignment caring for a child under the age of 13, a disabled child or an adult child with reduced work ability accompanying the official;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 15) for the purposes of this Act, “accompanying family member” is an accompanying spouse, registered partner, accompanying child or accompanying support person;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 16) for the purposes of this Act, "employment in a foreign mission" is an assignment to a foreign mission with the duration exceeding six months. An assignment to a foreign mission with the duration of less than six months shall also be deemed to be employment at a foreign mission if the planned duration of the mission exceeded the period of six months which was shortened during the assignment abroad.
(2)The provisions concerning the sending ministry and the secretary general of the sending ministry provided for in this Act shall be applied respectively to the Government Office and the Secretary of State, and the Chancellery of the Riigikogu and the Secretary General of the Riigikogu unless otherwise provided for in this Act.[RT I, 08.11.2016, 2 – entry into force 18.11.2016]
A diplomat serving in a foreign state and an administrative official employed in a foreign mission shall take guidance in their activities from this Act, the Vienna Convention on Diplomatic Relations and from other legislation.
A diplomat serving in a foreign state and an administrative official employed in a foreign mission shall have the immunity and privileges arising from the norms, generally recognised principles, usages and practices of international law.
[Repealed - RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed - RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed - RT I, 27.09.2024, 1 – entry into force 01.01.2025](
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The head of a foreign mission is a career diplomat employed in a foreign mission, who represents Estonia in the receiving state of the foreign mission or at an international organisation and who directs the foreign mission and is responsible for the performance of the functions thereof.
(2)The head of a foreign mission is subordinate to the Secretary General of the Ministry of Foreign Affairs.
(3)The following persons may be the head of a foreign mission: 1) ambassador extraordinary and plenipotentiary; 2) ambassador extraordinary and plenipotentiary, permanent representative; 3) envoy; 4) chargé d’affaires; 5) consul general; 6) consul; 7) vice-consul.
(4)A diplomat performing the duties of the head of a foreign mission, who uses the title of chargé d’affaires ad interim, manages the foreign mission until the appointment of an ambassador extraordinary and plenipotentiary, envoy or chargé d’affaires or during the absence of the ambassador extraordinary and plenipotentiary, envoy or chargé d’affaires from the receiving state of the foreign mission.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)An ambassador extraordinary and plenipotentiary is the highest representative of Estonia who is accredited to a foreign sate or to an international organisation.
(2)An ambassador extraordinary and plenipotentiary, permanent representative is the highest representative of Estonia who is accredited to a foreign sate or to an international organisation. 2 (2¹) An ambassador extraordinary and plenipotentiary, diplomatic representative is the highest representative of Estonia in the area assigned to him or her.[RT I, 08.11.2016, 2 – entry into force 18.11.2016]
(3)If both a diplomat specified in subsection 2 of this section and a diplomat specified in subsection 1 or 21 of this section are accredited to an international organisation, the ambassador extraordinary and plenipotentiary, permanent representative (hereinafter ambassador extraordinary and plenipotentiary) is the highest accredited representative of Estonia at such organisation.[RT I, 08.11.2016, 2 – entry into force 18.11.2016]
(4)Based on the permanent location of the ambassador extraordinary and plenipotentiary, he or she may be a residing or non-residing ambassador extraordinary and plenipotentiary in the foreign state or at the international organisation to which he or she is accredited.
(5)The seat of a residing ambassador extraordinary and plenipotentiary shall be in the receiving state of the foreign mission or at the international organisation to which he or she is accredited.
(6)A non-residing ambassador extraordinary and plenipotentiary is accredited to a foreign state or to an international organisation, but his or her seat shall be in Estonia or in the foreign state to which he or she is co-accredited. The duties of a non-residing ambassador extraordinary and plenipotentiary shall be provided for in the job description.
(7)The seat of a non-residing ambassador extraordinary and plenipotentiary, diplomatic representative shall be in Estonia.[RT I, 08.11.2016, 2 – entry into force 18.11.2016]
An envoy is the head of a foreign mission who has been appointed to a foreign state or to an international organisation, which does not include the post of ambassador extraordinary and plenipotentiary, or if the relevant states have so agreed.
A Chargé d’affaires is the head of a foreign mission who has been appointed to a foreign state or to an international organisation, which does not include the post of ambassador extraordinary and plenipotentiary, or if the relevant states have so agreed.
A consul general, consul and a vice-consul are heads of consular posts pursuant to the Consular Act.
(1)A diplomatic service rank is a title conferred in the name of the Estonian state on a career diplomat or a career diplomat candidate depending on the length of time spent in foreign service, work results and experience in foreign relations.[RT I, 27.09.2024, 1 -–entry into force 01.01.2025]
(2)A specialised diplomat may use the service rank of an attaché in case this is necessary for the performance of their official duties. The using of the service rank does not give the specialised diplomat the rights attached to the service rank provided in this Act.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
The following are diplomatic service ranks: 1) attaché; 2) third secretary; 3) second secretary; 4) first secretary; 5) counsellor; 6) senior counsellor.
(1)The diplomatic service rank of attaché may be conferred on a career diplomat candidate who has been in service in the Ministry of Foreign Affairs for not less than one year and meets the conditions established by the minister in charge of the policy sector on the basis of subsection 4 of this section.[RT I 2009, 29, 175 – entry into force 01.07.2009]
(2)The next diplomatic service ranks may be conferred on a career diplomat who meets the conditions established by the minister in charge of the policy sector on the basis of subsection 4 of this section and have been in foreign service: 1) as an attaché for at least two years; 2) as a third secretary for at least three years; 3) as a second secretary for at least three years; 4) as a first secretary for at least four years; 5) as a counsellor for at least four years.
(3)As an exception, a diplomatic service rank may be conferred on a person who does not meet the conditions provided for in subsections 1 and 2 of this section if the person is an internationally recognised specialist or a specialist with necessary experience in foreign relations for receiving a higher service rank.
(4)The conditions and procedure for conferring a diplomatic service rank are established by a regulation of the minister in charge of the policy sector[RT I, 27.09.2024, 1 –entry into force 01.01.2025]
(1)A diplomatic service rank shall be conferred on an official by the minister in charge of the policy sector for the period of service in foreign service.
(2)A proposal for conferring a diplomatic service rank is made to the minister in charge of the policy sector by the Selection Committee of the Ministry of Foreign Affairs (hereinafter selection committee).[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The diplomatic service rank of a diplomat becomes invalid upon his or her release from the diplomatic post.
(2)In case a person is re-appointed to a diplomatic post, the diplomatic service rank is restored, except in the case they were dismissed from service due to the commission of a disciplinary offence or arising from a court judgment. Also, the service rank need not be restored in case more than ten years have passed from the resignation from foreign service or in other reasoned cases. In such cases, the proposal is made to the minister in charge of the policy sector by the Selection Committee.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(3)In case the right of a career diplomat to exercise public authority in the Ministry of Foreign Affairs has been suspended, their diplomatic rank is retained: 1) during their participation in formal education and in-service training with the aim of professional self-development in accordance with the Adult Education Act; 2) during their employment with an international organisation or an institution, agency or body of the European Union; 3) during the employment in the Office of the President of the Republic, the Government Office or the Chancellery of the Riigikogu, and during their employment in a post of another state authority or local government agency which is directly related to foreign relations, in case the employment is coordinated with the secretary general of the Ministry of Foreign Affairs.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
A diplomatic rank is an honorary title conferred on a career diplomat in the name of the Estonian state, which is awarded for experience in foreign relations and for outstanding results in foreign service.
Ambassador is a diplomatic rank.
The diplomatic service rank of the ambassador may be conferred on a career diplomat who has achieved outstanding results in the foreign service of Estonia or at an international institution.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A diplomatic rank is conferred for life by the President of the Republic.
(2)A proposal to confer a diplomatic rank is made to the President of the Republic by the Government of the Republic. A corresponding request is presented to the Government of the Republic by the minister in charge of the policy sector on the proposal of the Selection Committee.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The President of the Republic may withdraw a diplomatic rank in case the diplomat has been punished under criminal procedure or dismissed from service due to the commission of a disciplinary offence.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)A proposal to withdraw a diplomatic rank is made to the President of the Republic by the Government of the Republic. A corresponding request is presented to the Government of the Republic by the minister in charge of the policy sector on the proposal of the Selection Committee.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
The following person complying with the requirements provided in § 24 of the Civil Service Act may be employed in foreign service:[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 1) [Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025] 2) who has completed higher education; 3) [Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025] 4) whose economic or other obligations do not interfere with employment in foreign service; 5) whose health allows work in the foreign service; 6) who is faithful to the constitutional order of Estonia, safeguard the independence of Estonia, and is proper and decorous in their activities, upholding the international reputation of Estonia.
(2)[Repealed - RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A person is employed in foreign service as a career diplomat for an unspecified period of time, except in the cases provided by law, by conferring a service rank on them.
(2)A person is employed in foreign service as a specialised diplomat for a specified period of time, by appointing the person to a diplomatic post.
(3)For performance of tasks arising from a temporary increase in the workload and limited in time, a person with previous experience of employment in foreign service may be recruited without competition as a career diplomat in foreign service for a period of up to one year.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A person who meets the conditions for employment in foreign service may be appointed to a diplomatic post in the Ministry of Foreign Affairs. 1 (1¹) A person is appointed to a diplomatic post in the Ministry of Foreign Affairs for a period of up to five years. The specified time may be shortened or extended by up to three years upon agreement between the parties.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)The secretary general, undersecretary and director general of the Ministry of Foreign Affairs are appointed to office pursuant to the procedure provided for in the Government of the Republic Act. The post of the undersecretary of the Ministry of Foreign Affairs shall be filled in the procedure provided for in subsections 1–4 and 7 of § 16 of the Civil Service Act.[RT I, 26.03.2013 – entry into force 01.04.2013]
(3)The Secretary General of the Ministry of Foreign Affairs shall appoint a person to a diplomatic post not specified in subsection 2 of this section unless otherwise provided for in this Act or the Consular Act.
(4)If a person has not yet been employed as a career diplomat in foreign service, he or she shall become a career diplomat candidate upon appointment to a diplomatic post in the Ministry of Foreign Affairs.
(5)A specialised diplomat is appointed to a diplomatic post in the Ministry of Foreign Affairs by the secretary general of the sending ministry, giving prior notification to the Ministry of Foreign Affairs. The provisions of § 32 of this Act are applied to specialiseddiplomats who do not reside in the receiving state.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(6)The post of a specialised diplomat is created and abolished by the Ministry of Foreign Affairs in their composition on the proposal of the sending ministry. The Ministry of Foreign Affairs is not obliged to create the post of a specialised diplomat. In the event of the closure of the foreign mission, the Ministry of Foreign Affairs abolishes the post without the proposal of the sending ministry.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A candidature for the post of ambassador extraordinary and plenipotentiary is submitted for approval to the Government of the Republic by the minister in charge of the policy sector on the proposal of the Selection Committee.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)The Government of the Republic shall approve the candidature for the post of ambassador extraordinary and plenipotentiary and present it to the President of the Republic for approval.
(3)The Ministry of Foreign Affairs informs the Foreign Affairs Committee of the Riigikogu of the granting of consent.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(4)After the approval of the candidature of ambassador extraordinary and plenipotentiary, the Ministry of Foreign Affairs applies for the consent (agrément) of a competent authority of the foreign state to which the candidate for the post of ambassador is to be accredited. If the candidate for the post of ambassador extraordinary and plenipotentiary is to be accredited to an international organisation, the Ministry of Foreign Affairs shall apply for the consent (agrément) of the organisation, if necessary.
(5)[Repealed - RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(6)After receipt of the consent (agrément) the President of the Republic appoints a candidate as an ambassador extraordinary and plenipotentiary and signs their letter of credence.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(7)The name of the candidate for the post of ambassador extraordinary and plenipotentiary shall not be disclosed before his or her appointment.
The minister in charge of the policy sector or a secretary general based on the authorisation thereof issues service-related directives concerning an ambassador extraordinary and plenipotentiary appointed by the President of the Republic.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The following is the prerequisite for assignment to a foreign mission: 1) the standard format application to stand as a candidate of the career diplomat, or their consent in a form reproducible in writing in case of a targeted offer, or 2) the consent of the specialised diplomatin a form reproducible in writing.
(2)The basis of the decision for the assignment of a career diplomat to a foreign mission is the proposal of the Selection Committee.
(3)The decision to assign on a foreign mission is made and the diplomat is assigned to the foreign mission by a person who is entitled to appoint the diplomat to a post.
(4)The period of an assignment is up to five years. The period of assignment is determined by the person holding the right of appointment of a diplomat. The period of assignment may be shortened or extended by up to three years upon agreement of the parties. On the basis provided in clauses 3– 10 of § 40 of this Act, the period of assignment may be shortened also without the consent of the diplomat.
(5)The person holding the right of appointment to a post may not, due to the insecurity of the receiving state, allow family members of a diplomat to accompany them on a long-term assignment to a foreign mission, or may change the decision regarding the accompanying family members during the assignment.
(6)Where possible, the diplomat is notified of the assignment at least three months in advance. The diplomat is given up to one week to organize their personal affairs, during which they are released from official duties.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A career diplomat candidate may be assigned to a foreign mission in a justified case.
(2)The conditions and procedure for the assignment to a foreign mission are valid for a career diplomat candidate to be assigned to a foreign mission, and the social guarantees, except the representation allowance.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A specialised diplomat is subordinate to the general secretary of the sending ministry or an official appointed thereby or an official appointed in the legislation or to the head of the foreign mission in issues related to foreign policy and the organisation of work of the foreign mission.
(2)A specialised diplomat regularly reports on their activities to the head of the foreign mission and to the secretary general of the sending ministry, or to an official appointed thereby or determined by legislation.
(3)The job description of a specialised diplomat is approved by the sending ministry coordinated with the Ministry of Foreign Affairs.
(4)Service-related directives concerning a specialised diplomat are issued by the sending ministry.
(5)Salaries, other fees and benefits are paid to a specialised diplomat by the sending ministry.
(6)The expenses incurred by the Ministry of Foreign Affairs as a result of the employment of a specialised diplomat in a foreign mission are paid by the sending ministry on the basis of the estimated cost of the post, which is established by the directive of the general secretary of the Ministry of Foreign Affairs before the beginning of the new financial year on the basis of actual costs. Other expenses arising from employment of a specialised diplomat in a foreign mission are shared between the sending ministry and the Ministry of Foreign Affairs in accordance with a written agreement.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
A diplomat and, in justified cases, a career diplomat candidate shall be appointed to a diplomatic post in a foreign mission.
A career diplomat shall be appointed as an envoy pursuant to the procedure provided in § 27 of this Act.
(1)An envoy appointed by the President of the Republic is appointed to the post by the minister in charge of the policy sector.
(2)The minister in charge of the policy sector or the secretary general authorised thereby issues service-related directives concerning the envoy.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
Appointment of chargés d’affaires
(1)The chargé d'affaires is appointed by the minister in charge of the policy sector on the proposal of the Selection Committee, notifying the Government of the Republic and the President of the Republic.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)In respect of the chargé d'affaires, service-related directives are issued by the minister in charge of the policy sector, or the secretary general authorised thereby.[RT I, 27.09.2024, 1 - entry into force 01.01.2025]
(1)A consul general, consul and vice-consul are appointed the head of foreign mission by the minister in charge of the policy sector on the proposal of the Selection Committee and taking account of the provisions of the Consular Act.[RT I, 27.09.2024, 1 - entry into force 01.01.2025]
(2)Service-related directives concerning a consul general, consul and vice consul are issued by the minister in charge of the policy sector, or the secretary general authorised thereby.[RT I, 27.09.2024, 1 - entry into force 01.01.2025]
[RT I, 27.09.2024, 1 - entry into force 01.01.2025]
(1)The minister in charge of the policy sector may temporarily recall an ambassador extraordinary and plenipotentiary, an envoy and a chargé d’affaires from a foreign mission to Estonia to the disposal of the Ministry of Foreign Affairs for a period of up to three months, notifying the Government of the Republic and the President of the Republic.
(2)The person who is entitled to appoint to a post may temporarily recall a diplomat not specified in subsection 1 of this section from a foreign mission to Estonia to the disposal of the Ministry of Foreign Affairs or the sending ministry for a period of up to three months.
(3)The term specified in subsections 1 and 2 of this section may be extended for up to one year under the circumstances arising from an international situation or inter-state relations or in the event of a justified need of the Ministry of Foreign Affairs or the sending ministry.
(4)A diplomat temporarily recalled to the disposal of the Ministry of Foreign Affairs, or the sending ministry performs the duties arising from the post assigned to the diplomat by a directive of the person who is entitled to appoint to a post in Estonia and is paid salary in accordance with the duties arising from the post.
(5)A diplomat may also be temporarily recalled to the disposal of the Ministry of Foreign Affairs without the consent of the diplomat.[RT I, 27.09.2024, 1 - entry into force 01.01.2025]
[Repealed - RT I, 27.09.2024, 1 - entry into force 01.01.2025]
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]The basis for early removal from a diplomatic post of a foreign mission may be: [RT I, 27.09.2024, 1 – entry into force 01.01.2025] 1) [Repealed - RT I, 27.09.2024, 1 – entry into force 01.01.2025] 2) the application of the diplomat; 3) the application of the receiving state or of an international organisation or refusal of consent by the receiving state; [RT I, 27.09.2024, 1 – entry into force 01.01.2025] 4) the unsuitability of the diplomat for the post; 5) the health of the diplomat, including incapacity for work on the basis of a medical certificate for more than two months per mission year; 6) the transfer of the diplomat to another post; 7) the taking of a parental leave of the diplomat;[RT I, 26.10.2018, 1 – entry into force 01.04.2022] 8) the dismissal of the diplomat from service on the initiative of the authority;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 9) critical situation that has erupted in the receiving state;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 10) termination of the activities of a foreign mission or reorganization of its work.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A diplomat is recalled from a diplomatic post in a foreign mission by a person who is entitled to appoint to a post, unless otherwise provided by this Act or the Consular Act.
(2)The ambassador extraordinary and plenipotentiary and the envoy are recalled on the proposal of the Government of the Republic by the President of the Republic, who signs the letter of recall thereof. The relevant application is made to the Government of the Republic by the minister in charge of the policy sector on the proposal of the Selection Committee.
(3)The chargé d'affaires is recalled by the minister in charge of the policy sector, notifying the Government of the Republic and the President of the Republic.
(4)The consul general, consul and vice-consul employed as the head of a foreign mission are recalled in accordance with the Consular Act.
(5)In case there is a basis specified in clause 2, 4, 6 or 8 of § 40 of this Act, the decision to recall a career diplomat from a diplomatic post in a foreign mission is based on a proposal of the Selection Committee.
(6)The diplomat is notified, where possible, of the recall from a foreign mission at least one month in advance. The diplomat is given up to one week to arrange personal affairs, during which the diplomat is discharged from official duties. is given up to one week to organise personal affairs, during which time the diplomat is released from official duties.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A career diplomat is dismissed from service on the bases of and in accordance with the procedure provided in the Civil Service Act. In the case of dismissal from service on the grounds of redundancy, the Civil Service Act is applied with the specifications provided in this Act.
(2)A career diplomat may be dismissed from service on the grounds of redundancy in case the diplomat has not been selected for the vacant place of employment in the Ministry of Foreign Affairs within the term provided in subsection 11 of § 26 of this Act or by the date of termination of the long-term assignment and the diplomat has not accepted the targeted offer for the second time. An official is dismissed on the working day following the day on which the term provided in subsection 11 § 26 expires or on the working day following the day of termination of the assignment.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)A specialised diplomat is dismissed from foreign service in the event of recall from a foreign mission or expiry of the term of service.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)A specialised diplomat may be dismissed on the grounds of redundancy in case, on the date of the termination of the long-term assignment or the expiry of the term of service, the diplomat has not been elected to a vacant post in the sending ministry or in the area of government thereof and has not accepted for the second time a post and basic salary at least equivalent to the post proposed by the authority before their assignment and basic salary.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(3)The Civil Service Act is applied to the dismissal of a specialised diplomat on the grounds of redundancy with the specifications provided in this Act.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(4)The sending ministry may agree with the specialised diplomat prior to the assignment on the post to which the specialised diplomat is to be appointed after the assignment within the area of government of the sending ministry.[RT I, 27.09.2024, 1– entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
An administrative official who complies with the requirements provided in § 14 of the Civil Service Act may be assigned to a foreign mission.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The following is a prerequisite for assignment to a foreign mission: 1) the application or, in the case of a targeted offer, the consent of the staff administrative official to stand as a candidate in a form reproducible in writing, or 2) the consent of the non-staff administrative official in a form reproducible in writing.
(2)The place of employment of a non-staff administrative official is created and abolished on their staff by the Ministry of Foreign Affairs on the proposal of the sending ministry. The creation of a place of employment for a non-staff administrative official is not obligatory for the Ministry of Foreign Affairs. In case of closure of a foreign mission, the Ministry of Foreign Affairs abolishes the place of employment without a proposal from the sending ministry.
(3)The decision on assignment of a staff administrative official to a foreign mission is based on a proposal of the Selection Committee.
(4)The person who is entitled to appoint to a post or to conclude an employment contract with the administrative official makes the decision on assignment to a foreign mission and assigns to a foreign mission. The sending ministry informs the Ministry of Foreign Affairs in advance of the decision concerning the assignment of a non-staff administrative official to a foreign mission.
(5)The administrative official is informed, where possible, of the assignment at least three months in advance. The official is given a period of up to one week to arrange personal affairs, during which time the official is released from official duties.
(6)The period of assignment is up to five years. The period of assignment is determined by the person who is entitled to appoint the administrative official to a post or to conclude an employment contract with the official. The period of assignment may be shortened or extended by up to three years by agreement between the parties. On the basis of the provisions of clauses 3–10 of § 52 of this Act, the period of assignment may also be shortened without the consent of the official.
(7)A person who is entitled to appoint to a post or to conclude an employment contract may, because of the insecurity of the receiving state, refuse to allow family members of an administrative official to accompany them on a long-term assignment to a foreign mission or change the decision concerning the presence of family members during the period of assignment.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The subordination of a non-staff administrative official is determined in the job description. The job description is approved by the sending ministry in coordination with the Ministry of Foreign Affairs.
(2)Service-related directives concerning a non-staff administrative official are issued by the sending ministry.
(3)A non-staff administrative official is paid a salary or wages and other remuneration and benefits by the sending ministry.
(4)The expenses incurred by the Ministry of Foreign Affairs as a result of the employment of a non-staff administrative official in a foreign mission are paid by the sending ministry on the basis of the estimated cost of the place of employment, which is established on the basis of actual costs by a directive of the secretary general of the Ministry of Foreign Affairs before the beginning of the new financial year. Other expenses arising from the employment of a non-staff administrative official in a foreign mission are shared between the sending ministry and the Ministry of Foreign Affairs in accordance with a written agreement.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)An administrative official may be temporarily recalled from a foreign mission to Estonia for a period of up to three months to the disposal of the Ministry of Foreign Affairs or the sending ministry by the person who is entitled to appoint to a post or to conclude an employment contract with the official.
(2)The term specified in subsection 1 of this section may be extended for up to one year under circumstances arising from an international situation or from inter-state relations or in the event of the justified need of the Ministry of Foreign Affairs or of the sending ministry.
(3)An administrative official who is temporarily recalled to the disposal of the Ministry of Foreign Affairs or the sending ministry performs such duties arising from the place of employment as are assigned to the official in Estonia by the directive of the person who is entitled to appoint to a post or to conclude an employment contract with the official, the official is paid remuneration in accordance with the duties of the place of employment.
(4)An administrative official may also be temporarily recalled to the Ministry of Foreign Affairs or the sending ministry without the consent of the official.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]The following may be a basis for the premature recall from a foreign mission:[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 1) [Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025] 2) the application of the administrative official; 3) a request from a receiving state or an international organisation or refusal of the consent of the receiving state;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 4) the unsuitability of the administrative official for the place of employment;[RT I, 26.03.2013, 3 – entry into force 01.04.2013] 5) the health of the administrative official, including incapacity for work on the basis of a medical certificate for more than two months per mission year; 6) the transfer of the administrative official to another place of employment;[RT I, 26.03.2013, 3 – entry into force 01.04.2013] 7) the taking of a parental leave by the administrative official;[RT I, 26.10.2018, 1 – entry into force 01.04.2022] 8) the dismissal from service or termination of the contract of employment of the administrative official on the initiative of the authority;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 9) a critical situation that has erupted in the receiving state;[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 10) termination of the activities of a foreign mission or reorganization of its work.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)An administrative official is recalled from a foreign mission by the person who is entitled to appoint to a post or to conclude an employment contract with the official.(2 In the case of a basis specified in clauses 2, 4, 6, or 8 of § 52 of this Act, the decision on the recall of the administrative official from a non-diplomatic place of employment in a foreign mission is based on a proposal of the Selection Committee.
(3)The administrative official is notified, where possible, of the recall from the foreign mission at least one month in advance. The official is given a period of up to one week to arrange personal affairs, during which time the official is released from the duties.[RT I, 27.09.2024, 1 – entry into force 01.01.2025
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The employment contract of a staff administrative official employed on the basis of the employment contract shall terminate on the bases of and in the procedure provided for in the Employment Contracts Act. A staff administrative official employed as an official shall be dismissed from service on the bases provided for in the Civil Service Act.[RT I, 26.03.2013, 3 – entry into force 01.04.2013]
(2)The employment contract of a staff administrative official may be cancelled, or anadministrative official may be dismissed on account of redundancy in the event that the official has not been elected to a vacant place of employment in the Ministry of Foreign Affairs by the date of termination of the long-term assignment and the official has not accepted the targeted offer for the second time. The official is dismissed from service, or the employment contract of the official is terminated on the working day following the day on which the assignment terminates.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(3)[Repealed –RT I, 27.09.2024, 1– entry into force 01.01.2025]
(4)The contract of employment of a non-staff administrative official may be terminated or the administrative official dismissed on the grounds of redundancy in case, by the date of termination of the long-term assignment the official has not been elected to a vacant place of employment in the sending ministry or the area of government thereof and the official has not accepted, for the second time, an offer by the authority for the post and basic salaryat least equivalent to the post, or for the place of employment and remuneration at least equivalent to the place of employment before the assignment of the official.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(5)The sending ministry may agree prior to the assignment with a non-staff administrative official, concerning the post to which the official is appointed after the assignment in the area of government of the sending ministry or on the place of employment which the official takes up after the assignment.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(6)The Civil Service Act is applied to the dismissal of the staff and non-staff administrative official on the grounds of redundancy with the specifications provided in this Act.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)Upon admission to the foreign service and in every succeeding year of employment, a diplomat is paid a representation allowance to the extent of two-fifths of the month’s salary unless a similar allowance prescribed by another special act governing civil service is paid to the diplomat. The secretary general is not paid a representation allowance.
(2)The representation allowance is not paid: 1) during the suspension of the right to exercise public authority of the diplomat at their own request; 2) during the study leave granted for staying in formal education or for participating in in-service training with the aim of professional self-development; 3) during maternity, paternity, adoptive parents or parental leave; 4) during employment in an international organisation or an institution, authority or body of the European Union, or 5) during employment in another state authority or local government agency.
(3)In case a diplomat continues exercising public authority after the suspension specified in subsection 2 of this section, the diplomat is paid the representation allowance in the last month of the current quarter.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The foreign mission allowance shall be paid to an official every month during the time of his or her employment in a foreign mission.
(2)The foreign mission allowance of an official shall be calculated by multiplying the original amount of the foreign mission allowance with the coefficient of the receiving city of the foreign mission.
(3)The original amounts of the foreign mission allowance and the procedure for calculation and payment of the foreign mission allowance shall be established by a regulation of the Government of the Republic.
(4)A minister in charge of the policy sector establishes by a regulation the coefficients of the cities, taking account of the cost of living, change in exchange rates, security risks and other circumstances. The coefficients are reviewed and adjusted, where necessary, at least once per half-year.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(5)The foreign mission allowance is not paid during the period of the study leave, parental leave and holiday without pay.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(6)The foreign mission allowance is not paid in case the official is temporarily recalled to the disposal of the Ministry of Foreign Affairs, the sending ministry or an agency within the area of government thereof on the basis of § 38 or § 51 of this Act.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]The bases and procedure for the acquisition, rental, use and furnishing of the residence of the head of a foreign mission and the conditions for the accommodation used by an official employed in a foreign mission, as well as the procedure for reimbursement of the expenses of the accommodation and the residence of the head of the foreign mission, are established by a regulationof the minister in charge of the policy sector.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The following expenses incurred by an official employed in a foreign mission and by the accompanying family members are covered under the conditions and in accordance with the procedure established by a regulation of the Government of the Republic: 1) moving expenses; 2) accommodation expenses; 3) travel insurance and medical treatment expenses unless such expenses are covered pursuant to an international agreement or other legislation; 4) the fee for the childcare institution or preschool or childcare service for an accompanying child;[RT I, 09.01.2025, 1 - entry into force 01.09.2025] 5) the costs of acquiring basic and secondary education of an accompanying child of five years of age or older (or younger if earlier compulsory school attendance is prescribed in the receiving state); 6) the expenses of travel to holiday to Estonia and back to the place of service once per mission year.
(2)[Repealed – RT I, 08.11.2016, 2 – entry into force 18.11.2016]
(3)In case an official commences employment in a foreign mission or is recalled from the foreign mission, the official is paid compensation for the commencement of work in another state.[RT I, 27.09.2024, 1– entry into force 01.01.2025]
(4)The list of medical treatment expenses of an official employed in a foreign mission and of the accompanying family members as specified in clause 3 of subsection 1 of this section shall be established by a regulation of the Government of the Republic.
(5)[Repealed – RT I, 27.09.2024, 1– entry into force 01.01.2025]
(6)The rate of compensation for the commencement of work in another state shall be established by a regulation of the Government of the Republic.[RT I, 08.11.2016, 2 – entry into force 01.01.2017]
(7)The expenses provided in subsection 1 of this section are not reimbursed for a family member accompanying the official in the case of a long-term assignment abroad in case it is not possible to ensure the accommodation or security of the family member at the place of assignment during the assignment.[RT I, 27.09.2024, 1– entry into force 01.01.2025]
(8)With the permission of the secretary general of the Ministry of Foreign Affairs or the secretary general of the sending ministry or a person authorised by either of them, the costs of travel for personal reasons to and from Estonia by the official and a family member accompanying the official may be partially or fully reimbursed.[RT I, 27.09.2024, 1– entry into force 01.01.2025]
(9)In case the spouse, registered partner or child of an official does not accompany the official on a long-term mission abroad, travel expenses to and from the receiving state of the foreign mission of the spouse, registered partner and minor child or incapacitated adult child acquiring primary or secondary education or in need of assistance may be reimbursed under the conditions and in accordance with the procedure established based on subsection 10 of this section.[RT I, 27.09.2024, 1– entry into force 01.01.2025]
(10)The conditions and procedure for the reimbursement of travel expenses to and from the receiving state of foreign mission of the spouse of the official, registered partner and minor child or incapacitated adult child acquiring primary or secondary education or in need of assistance is established by a regulation of the Government of the Republic.[RT I, 27.09.2024, 1– entry into force 01.01.2025]
(1)[Repealed – RT I, 24.05.2017, 6 – entry into force 01.02.2018]
(2)[Repealed – RT I, 24.05.2017, 6 – entry into force 01.02.2018]
(3)[Repealed – RT I, 24.05.2017, 6 – entry into force 01.02.2018]
(4)[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(5)The percentage and procedure for increasing the foreign mission allowance of an official for the family member accompanying the official is established by a regulation of the Government of the Republic.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
(1)The allowance for spouse and registered partner is paid every month to the spouse or registered partner accompanying the official in the amount of the double minimum monthly wages of Estonia.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)In case the accompanying spouse or registered partner is employed or provides a service for which they receive remuneration larger than 50 per cent of the allowance for spouse and registered partner, the allowance for spouse and registered partner is reduced by 50 per cent.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(3)[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(4)The procedure for the payment of the allowance for spouse and registered partner is established by a regulation of the Government of the Republic.[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
(1)In case the official is temporarily recalled to the disposal of the Ministry of Foreign Affairs, the sending ministry or an agency within the area of government thereof on the basis of § 38 or § 51 of this Act, but the accompanying family member stays in the receiving state of the foreign mission, the covering of the following expenses for the accompanying family member continues:[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 1) the expenses specified in subsection 1 of § 65 of this Act; 2) the payment of the percentage established on the basis of subsection 5 of § 66 and the remuneration specified in subsection 1 of § 67 of this Act;[RT I, 24.05.2017, 6 – entry into force 01.02.2018] 3) [Repealed – RT I, 24.05.2017, 6 – entry into force 01.02.2018]
(2)In case the accompanying family member accompanies the official to Estonia upon the recall of the official to the disposal of the Ministry of Foreign Affairs, the sending ministry or an agency within the area of government thereof, the payment of the remuneration specified in subsection 1 of § 67 is continued for a spouse or registered partner and the costs of travel to Estonia and back are reimbursed for the accompanying family member. The compensation for the expenses related to the accommodation of the official in the receiving state of the foreign mission is also continued. Other expenses may be covered on the basis of a decision of the Ministry of Foreign Affairs, the sending ministry or an agency within the area of government thereof.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(3)In case an official who has no accompanying family members is recalled to the disposal of the Ministry of Foreign Affairs, the sending ministry or an agency within the area of government thereof, the reimbursement of the expenses related to the accommodation of the official is continued in the receiving state of the foreign mission. Other expenses may be covered on the basis of a decision of the Ministry of Foreign Affairs, the sending ministry or an agency within the area of government thereof.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(4)In case an official is recalled before the termination of the period of assignment, but the accompanying family member remains in the receiving state of the foreign mission, due to the accompanying child attending school or for any other valid reason, the payment of the following continues for the accompanying family member:[RT I, 27.09.2024, 1 – entry into force 01.01.2025] 1) the covering of the expenses specified in subsection 1 of § 65 of this Act, but for not longer than six months after the recall of the official; 2) the payment of the percentage established on the basis of subsection 5 of § 66 and the remuneration specified in subsection 1 of § 67 of this Act, but for not longer than six months after the recall of the official;[RT I, 24.05.2017, 6 – entry into force 01.02.2018] 3) [Repealed – RT I, 24.05.2017, 6 – entry into force 01.02.2018]
(5)In case an official is recalled before the termination of the period of assignment and the spouse or registered partner accompanying the official does not find employment after the return to Estonia, the remuneration specified in subsection 1 of § 67 of this Act is paid to them but not for longer than during six months after the return to Estonia.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(6)During the annual holiday or the additional holiday of an official the following shall continue to be paid to the official and to the family member accompanying him or her (also in the case of their absence from the receiving state): 1) the payment of the remuneration specified in subsection 1 of § 63 of this Act; 2) the compensation of the expenses specified in subsection 1 of § 65 of this Act; 3) the payment of the percentage established on the basis of subsection 5 of § 66 and the remuneration specified in subsection 1 of § 67 of this Act;[RT I, 24.05.2017, 6 – entry into force 01.02.2018] 4) [Repealed – RT I, 24.05.2017, 6 – entry into force 01.02.2018] 6 (6¹) The covering of costs specified in subsection 1 of § 65 of this Act and the payment of the foreign assignment allowance continues during the suspension of the right of the official to exercise public authority for a period of up to four months, unless the official has been recalled prematurely from the foreign mission.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(7)In case the accompanying spouse or registered partner is temporarily away from the receiving state due to the childbirth in Estonia, the payment of the percentage specified in subsection 1 of § 67 of this Act continues for them but not for longer than two months.[RT I, 27.09.2024, 1– entry into force 01.01.2025] 7 (7¹) In case the accompanying spouse or registered partner is temporarily away from the receiving state due to the reservist training or additional reservist training in Estonia, the payment of the percentage specified in subsection 5 of § 66 of this Act continues for them.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(8)In case an accompanying family member temporarily leaves the receiving state for another reason, the payment of the percentage payable for the child accompanying the official established on the basis of subsection 5 of § 66 and remuneration to the spouse or registered partner specified in subsection 1 of § 67 of this Act is continued to the official for sixty calendar days in a mission year on condition that at least 183 days in a mission year are spent in the receiving state of the foreign mission.[RT I, 06.07.2023, 6 – entry into force 01.01.2024] 8 (8¹) In case the accompanying family member is forced to leave the receiving state based on clause 9 of § 40) or clause 9 of § 52 of this Act in the event of the recall of the official from a foreign mission or on the basis of a decision specified in subsection 5 of § 29 or subsection 7 of § 48, the payment of the percentage established based on subsection 5 of § 66 and the remuneration specified in subsection 1 of § 67 may continue until the end of the year of assignment or for a period of up to six months, in case the year of assignment ends earlier, but not for longer than the end of the period of assignment abroad.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(9)[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(10)[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
(1)An official immediately informs the head of the mission and the person responsible for the accounting of the foreign mission of the circumstances which affect or may affect the increasing of the foreign mission allowance for an accompanying family member and the payment of allowance for spouse and registered partner.[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
(2)In the case of knowingly submitted false information for the purpose of increasing the foreign mission allowance for an accompanying family member and for receiving allowance for spouse and registered partner, or failure to notify of the circumstances which affect the grant of remuneration, the overpaid amounts of the benefit are reclaimed or set off.[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
(3)The return of the foreign mission allowance increased for an accompanying family member and of the allowance for spouse and registered partner is not required in case the reason for staying in the receiving state of the foreign mission for less than 183 days in a mission year is the recall of the official from the foreign mission, a temporary recall to the disposal of the Ministry of Foreign Affairs, of the sending ministry or an agency within the area of government thereof or the return of the family member to Estonia with good reason. In the latter case the decision is made by the Secretary General of the Ministry of Foreign Affairs.[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
(4)If the person fails to return the overpaid amount within the agreed term, the minister in charge of the policy sector shall issue a precept together with a warning to him or her. Upon failure to comply with the precept within a term set out in the warning, the minister in charge of the policy sector has the right to pass the precept for compulsory execution pursuant to the procedure provided for in the Code of Enforcement Procedure.
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)An official shall undergo medical examination at least once every three years. At the request of the Ministry of Foreign Affairs or of the sending ministry, medical examination shall be undergone more frequently. The scope of the medical examination shall be established by a regulation of the minister in charge of the policy sector.
(2)The Ministry of Foreign Affairs shall cover the costs of vaccination of officials and family members accompanying them (the sending ministry in the case of non-staff officials), including in the case of an epidemic in the receiving state, if vaccination is carried out in accordance with the recommendations of the World Health Organisation and the Estonian Health Board or the requirements of the receiving state.[RT I 2009, 49, 331 – entry into force 01.01.2010]
(3)The Ministry of Foreign Affairs shall pay for the medical examination of career diplomats and staff administrative officials in Estonia.
(4)The sending ministry shall pay for the medical examination of specialised diplomats and non-staff administrative officials in Estonia.
(1)[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)An official employed in a foreign mission shall: 1) observe the laws and other legislation of the receiving state; 2) respect the customs and traditions of the receiving state; 3) not interfere in the internal matters of the receiving state.
(1)A career diplomat shall regularly rotate from one diplomatic post in the Ministry of Foreign Affairs to another, including the work in a foreign mission within the meaning of this Act. The Ministry of Foreign Affairs makes, where necessary, a targeted offer to a career diplomat on the basis provided for in § 89.
(2)[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1– entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The Selection Committee of the Ministry of Foreign Affairs makes proposals to the minister and the secretary general on personnel matters.
(2)The rules of procedure and composition of the Selection Committee and the procedure for organising the competition is established by a regulation of the minister in charge of the policy sector.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)The secretary general of the Ministry of Foreign Affairs is the chairman of the Selection Committee.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(2)The Director General of the Personnel Department of the Ministry of Foreign Affairs is the deputy chairman of the Selection Committee.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1– entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1– entry into force 01.01.2025]
[RT I, 26.03.2013, 3 – entry into force 01.04.2013]The vacant place of employment is filled in accordance with the procedure provided in the Civil Service Act, taking account of the following specifications in order to ensure the compliance with the obligation of a career diplomat to rotate: 1) in general, an internal competition is organised to fill the vacancy; 2) where necessary, a targeted offer is made in order to fill the vacancy.[RT I, 27.09.2024, 1– entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1– entry into force 01.01.2025]
[Repealed – RT I, 27.09.2024, 1– entry into force 01.01.2025]
In the event of a targeted offer, the Selection Committee has the right to make a proposal to a career diplomat or to a staff administrative official who meets the requirements set for the vacant place of employment, in order to fill the vacant place of employment in case:[RT I, 27.09.2024, 1 - entry into force 01.01.2025] 1) the official has not been a candidate for the vacant place of employment upon the recall from a foreign mission, or[RT I, 26.03.2013, 3 – entry into force 01.04.2013] 2) the Selection Committee finds that on the basis of the needs of foreign service, a targeted offer must be made to a certain career diplomat or to a staff administrative official.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
(1)In case the right of a career diplomatto exercise public authority is suspended on the basis of subsection 5 of § 33 or clause 1 of § 83 of the Civil Service Act, the career diplomat applies for a vacant place of employment in an internal competition before the suspension ends, or the Selection Committee makes a targeted offer to the diplomat.
(2)In the cases specified in subsection 1 of this section, a career diplomat does not have to be guaranteed the same place of employment or a place of employment equivalent to the place of employment at which the right to exercise public authority of the diplomat was suspended.[RT I, 27.09.2024, 1 – enters into force 01.01.2025]
(1)An official without a diplomatic rank or a diplomatic service rank employed in a diplomatic post of the Ministry of Foreign Affairs located in Estonia may be conferred the diplomatic service rank of attaché after the entry into force of this Act if he or she has been employed in the Ministry of Foreign Affairs for not less than six months and meets the conditions for the conferring of a diplomatic service rank.
(2)Upon the entry into force of this Act a diplomatic rank or a diplomatic service rank conferred to a career diplomat shall be retained. A diplomatic rank or the next diplomatic service rank may be conferred to a career diplomat if he or she meets the requirements provided for by this Act and on the basis thereof.
(1)In the event of the reduction of the salary due to the changes in the salary administration pursuant to this Act and pursuant to the implementing legislation, the same salary shall be paid to the official until the official is employed in the post or until the salary formed on the basis of the changes in the salary administration exceeds the retained salary.
(2)If the foreign service allowance paid to an official employed in the foreign mission before the entry into force of this Act exceeds the foreign mission allowance prescribed pursuant to this Act and the implementing legislation, the payment of the remuneration in the amount of the current foreign mission allowance to the official shall continue until the termination of the assignment or until such time as the new foreign mission allowance exceeds the current foreign mission allowance.
(3)The procedure of the calculation and payment of the guarantees specified in subsections 1–2 of this section shall be established by a regulation of the minister in charge of the policy sector if necessary.
(1)The length of service in foreign service of a career diplomat also includes the period of employment in a diplomatic post in the Ministry of Foreign Affairs before the entry into force of this Act.
(2)The length of service in foreign service of a specialised diplomat also includes the period of employment as a non-staff official of the Ministry of Foreign Affairs in a foreign mission before the entry into force of this Act as of 1 January 1996.
The requirements of § 24 (in case of a specialised diplomat) and § 47 (in case of an administrative official) do not apply to non-staff officials of the Ministry of Foreign Affairs who are on long-term assignment abroad on the date of entry into force of this Act until the termination of their assignment.
If the dwelling of a non-staff official of the Ministry of Foreign Affairs who is on a long-term assignment abroad on the date of the entry into force of this Act is not in compliance with the standards established by the regulation of the minister in charge of the policy sector, the procedure in force at the time of the assignment applies to his or her dwelling until the termination of the assignment.
Subsection 3 of § 65 of this Act shall not be implemented from 1 January 2010 until 31 December 2011.[RT I 2009, 65, 439 – entry into force 01.01.2010]
An allowance for spouse pursuant to subsection 1 of § 67 of this Act shall be paid every month from 1 January 2010 until 31 December 2011 to the non-working accompanying spouse of the official in the amount of the 1.2 times the minimum monthly wages of Estonia.[RT I 2009, 65, 439 – entry into force 01.01.2010]
The foreign mission allowance for an accompanying spouse of an official shall not be increased from 1 January 2010 until 31 December 2011 if the income received for temporary employment or for the provision of a service in a quarter exceeds five times the remuneration specified in § 942 of this Act. Other income of the accompanying spouse does not affect the foreign mission allowance of an official.[RT I 2009, 65, 439 – entry into force 01.01.2010]
An allowance for spouse shall not be paid in the amount of one-month rate of allowance from 1 January 2010 until 31 December 2011 if the income received for temporary employment of the provision of services in a quarter exceeds five times the remuneration specified in § 942 of this Act.[RT I 2009, 65, 439 – entry into force 01.01.2010]
(1)During employment in a foreign mission, upon recall from foreign mission and release from employment of an official and upon the termination of this contract this Act shall be applied with regard to an administrative official, employed in a foreign mission, with whom an employment contract is entered into due to the change of his or her post into a place of employment from 1 April 2013.
(2)The offer by which an administrative official is notified of the change of his or her post into a place of employment and a proposal is made to enter into employment contract under favourable terms, shall include, among other, the information about the application of this Act during the employment in a foreign mission, upon the recall from foreign mission and release from employment of an administrative official or upon termination of the contract of employment.[RT I, 26.03.2013, 3 – entry into force 01.04.2013]
A diplomat, who was paid additional allowance for years of service on the basis of the Civil Service Act in force until 31 March 2013, shall be paid additional allowance for the length of foreign service from 1 April 2013 on the basis of subsection 1 of § 59 of this Act. An official shall be compensated for the difference in additional allowance until the levelling off of the additional allowance for the length of foreign service to be paid on the basis of this Act with the additional allowance for the years of service paid to the official on the basis of the Civil Service Act.[RT I, 26.03.2013, 3 – entry into force 01.04.2013]
An official whose permanent incapacity for work has been established before 1 July 2016 shall be paid benefit on the basis of the redaction of § 72 of the Foreign Service Act in force until 1 July 2016.[RT I, 13.12.2014, 1 – entry into force 01.07.2016]
(1)The requirements of subsection 3 of § 32 of this Act shall not be applied to a specialised diplomat performing duties related to the Estonian Presidency of the Council of the European Union.
(2)The requirements of subsection 2 of § 50 of this Act shall not be applied to a non-staff administrative official performing duties related to the Estonian Presidency of the Council of the European Union.
(3)The job description of an official specified in subsections 1 and 2 of this section shall be approved by the secretary general of the sending ministry or an official authorised by him or her. The job description shall be approved by the foreign mission the composition of which includes the post.[RT I, 08.11.2016, 2 – entry into force 18.11.2016]
The expenses specified in clause 6 of subsection 1 of § 65 and subsection 10 of § 68 of this Act may be reimbursed for more than once in a mission year until 15 January 2018 to an administrative official performing duties related to the Estonian Presidency of the Council of the European Union.[RT I, 08.11.2016, 2 – entry into force 18.11.2016]
Calculation of term for post of official appointed to diplomatic post in Ministry of Foreign Affairs for unspecified term and specification of application of subsection 11 of § 26 of this Act
(1)An official appointed to a diplomatic post of the Ministry of Foreign Affairs for an unspecified term before 1 January 2025 is deemed to have been appointed until 31 December 2029.
(2)A competition must be held within six months for the diplomatic post in the Ministry of Foreign Affairs, in which an acting official is employed on 1 January 2025.[RT I, 27.09.2024, 1 – entry into force 01.01.2025]
[Omitted from this text,]
This Act enters into force on 1 January 2007.