Regulation On Allowances And Other Incomes Of...

Based on Article 20 of the Law on Salaries of Civil Servants and State Employees ("Official Journal of RoM", No. 27/04), the Government of RoM, on its session of March 31, 2005, passed the

REGULATION

ON ALLOWANCES AND OTHER INCOMES OF CIVIL SERVANTS AND STATE EMPLOYEES

("Off. Journal of RoM", No. 24/05 as of April 15, 2005)

I GENERAL PROVISIONS

Article 1

This regulation defines the conditions, manner of realization and amount of compensation and other incomes of civil servants and state employees (hereinafter: civil servants), in accordance with the law.

Article 2

Compensations and other Incomes, as per this regulation, are as follows:

- compensation of salary (for the period of annual vacation; for days of national and religious holidays; temporary inability to work due to illness; maternity leave; paid leave; functional training for the needs of the state authority; attendance at sessions of syndicate bodies and state and other authorities; responding to the call of state authorities and response to an order to report for a military drill; period of civil servant’s refusal to work when the prescribed measures of safety at work have not been carried out and during the notice period when the civil servant has been released of the duty to work);

- compensation of expenses incurred related to work (for alimentation during work; per diems for business trips in the country and abroad; moving and related expenses in the country and abroad; use of private vehicle for official purposes; separate life from the family);

- other incomes (severance pay at retirement; allowance for the use of annual vacation; assistance in case of long-lasting or severe illness of the civil servant; assistance in the case of long-lasting or severe illness of a family member; assistance in the case of death of a family member; assistance in the case of death of the civil servant; compensation for increased expenses incurred at work and stay in the field and compensation of travel expenses).

II COMPENSATION OF THE SALARY

Article 3

During leave from work, the civil servant shall realize compensation in the amount of 100% of his/her salary per hour as if at work in the following cases:

- use of annual vacation; - during national and religious holidays; - temporary inability to work due to illness; - maternity leave; - paid leave; - professional training for the needs of the state authority; - attendance at meetings of syndicate bodies as well as of state and other authorities; - for responding to a summons by a state authority and an order to report for a military drill; - during the period of a civil servant’s refusal to work when the prescribed measures of safety at work have not been carried out and - during the notice period when the civil servant has been released of the duty to work.

III REIMBURSEMENT OF EXPENSES

1. Reimbursement of Expenses for Alimentation during Work

Article 4

A civil servant is entitled to a monthly allowance for alimentation during work in the amount of 50% of the minimum wages.

Article 5

The reimbursement of expenses for alimentation during work, reimbursement of expenses incurred on a business trip, compensation of expenses for separate life from the family and the compensation of expenses incurred during work and stay in the field (field allowance), exclude each other.

2. Compensation of Expenses for Business Trip and Moving in the Country

Article 6

A business trip in the country, in terms of this regulation, is a business trip a civil servant is sent on, following the order of the head of the state authority or other person authorized by him/her, in order to perform a certain official task outside his place of work, whereas such a trip incurs expenses.

Article 7

The travel order for a trip within the country shall include the name of the civil servant, tasks for which he/she is sent on the official trip, duration of the trip, the date of departure, the date of return, the means of transportation that will be used for the official trip, material loaded as well as other essential information. The travel order shall obligatorily be issued prior to leaving on the business trip.

Article 8

During a business trip within the country, the civil servant is entitled to a per diem, reimbursement of travel and accommodation expenses. The amount of the per diem for an official trip within the country that a civil servant is entitled to shall be 30% of the minimum wage. The accommodation expenses shall be approved in the total amount as per submitted invoice, except for accommodation in a “de luxe” category hotel. Travel expenses of a business trip shall be reimbursed to the civil servant in the amount of the ticket of a public means of transportation (plane, train, bus or ship).

Article 9

The calculation of the per diem for a business trip within the country, for each 24 hours spent on the business trip, as well as the remaining time longer than 12 hours shall count as one per diem, while the remaining time from 8 to 12 hours shall count as half a per diem. If the entire business trip lasts longer than 12 hours, one per diem shall be calculated, while if it lasts longer than 8 hours – half a per diem shall be calculated.

Article 10

Upon completed business trip, the civil servant shall be obliged to submit the travel order along with the invoice of the travel expenses incurred, evidence of the amount paid for accommodation and the travel ticket within three days.

Article 11

A civil servant who is transferred to another location shall be entitled to reimbursement of moving expenses. The request for reimbursement of moving expenses shall be submitted within the period of up to a month after the moving. The moving expenses shall include the actual expenses of transportation of household furniture and shall be approved in accordance with the invoice issued by the transport provider as per set tariff.

3. Reimbursement of Expenses for Official Trip and Moving Abroad and Other Expenses Related to the Official Trip and Moving Abroad

Article 12

An official trip abroad denotes a business trip from the home country to a foreign country and from one location to another within the foreign country.

Article 13

Moving abroad denotes moving from the home country to a foreign country and vice versa, from one foreign country to another and from one location to another in the foreign country.

Article 14

Other expenses related to the official trip an moving abroad denote: expenses of accommodation, alimentation and travel expenses of the respective person for the purpose of carrying out a certain official task; expenses for accommodation of things (housing furniture) of the person who is moving and the accommodation, alimentation and transport of this person and his/her family members; expenses for obtainment of travel documents, vaccination and medical examinations; expenses relating to official mail, taxes, telephone, telegram and fax; expenses of office rental, typewriters and personal computers; expenses for stenotypes and typist services; compensation for separation from the family and other expenses in accordance with this regulation.

a) Compensation of Expenses for Official Trip Abroad

Article 15

The travel order for an official trip abroad shall include: the full name of the person travelling, tasks he/she performs, objective of the journey, name of the country and the place he/she is travelling to, date of departure and return, i.e. duration of the official trip, category of the hotel to be taken, type of transport to be used, as well as the method of calculation of the travel expenses.

Article 16

Expenses of an official trip abroad include accommodation, alimentation (per diem), transport and personal transport abroad (public transport).

Article 17

Accommodation expenses shall be approved in the amount of the paid hotel invoice, which shall include the costs of overnight stay with breakfast. Accommodation in the sense of paragraph 1 of this Article shall not denote accommodation for daytime stay. As an exception to the provision of paragraph 2 of this article, expenses of daytime stay of air travel personnel shall be calculated according to the hotel invoice, if the period of stay at the airport is longer than four hours between two flights within 24 hours.

Article 18

Expenses incurred for alimentation and personal transport abroad (public transport) shall be approved in the amount of 50% of the amount of the per diem defined by this regulation.

Article 19

The amount of per diems for official trips to various countries shall be determined according to the List of Countries with the appropriate amount of per diems, which is printed along with this regulation and forms a constituent part of it.

Article 20

The amount of per diems for an official trip abroad determined according to the list specified in Article 19 of this regulation shall be increased by 10% for a person that leads a delegation.

Article 21

If the accommodation and alimentation are provided free of charge on an official trip abroad, the per diem shall be reduced by 80%, whereas if only the accommodation is free of charge, it shall be reduced by 50%, and if only alimentation is provided, it shall be reduced by za 30%.

Article 22

For the calculation of per diems for an official trip abroad, each 24 hours spent on the business trip, as well as the remaining time longer than 12 hours shall count as one per diem, while the rest of the remaining time from 8 to 12 hours shall count as half a per diem. If the entire official trip lasts longer than 12 hours, one per diem shall be calculated, whereas if it lasts longer than 8 hours – half a per diem.

Article 23

For an official trip of air travel personnel lasting all together less than 8 hours, counting the period from the time of departure of the plane from the last airport in the country until the time of return of the plane to the first airport in the country, half a per diem shall be calculated in accordance with Article 18 of this regulation, whereas a per diem calculated in this way shall be reduced by 70%.

Article 24

Per diems allocated for an official trip to a foreign country shall be calculated as of the moment of passing the state border, whereas per diems for a foreign country on the return path shall be calculated until the moment of passing the state border. If the means of transport for the official trip is an airplane, the per diem shall be calculated as of the time of departure of the plane from the last airport in the country until the time of arrival of the plane to the first airport in the country. If the means of transport for the official trip is a ship, the per diem shall be calculated as of the time of departure of the ship from the last terminal in the country until the time of return to the first terminal in the country. If the official trip includes travel to several countries, the per diem at the departure shall be calculated for the foreign country, in which the official trip starts, and on the return path, it shall be calculated for the country, in which the official trip ends. For any stay in a foreign country, respectively transit through a foreign country that lasts longer than 12 hours, the per diem shall be calculated for this respective country.

Article 25

Transport expenses incurred on an official trip abroad shall be calculated in the amount of the price set in the travel tariff for the type and class of transport that may be used for the official trip according to the travel order.

Article 26

If the price of the ticket for travel by ship includes accommodation and alimentation, the per diem shall be reduced by 80%. If, due to interruption of the journey, the price of an air ticket includes accommodation and alimentation, the per diem shall be reduced by 80%. If, due to interruption of the journey, the price of an air ticket includes only accommodation, the per diem shall be reduced by 30%.

Article 27

If a sleeping compartment has been used on an official trip abroad, the per diem shall be reduced by 50%, in the following cases: 1) if the travel lasts for at least 24 hours continuously; 2) night travel between 22.00 and 6.00; 3) if the travel lasts for at least 6 hours after 20.00.

b) Compensation of Expenses for Moving Abroad

Article 28

For moving abroad, or from one foreign country to another, i.e. from one location in a foreign country to another, or for return from a foreign country to the home country, expenses related to the transfer that are eligible shall be those of the most cost-efficient transport of personal belongings of the respective person and his/her dependents.

Article 29

If a person should move with his/her family members to an overseas country or vice versa, and domestic ships communicate on this line, the expenses incurred for transport of things shall be calculated according to the tariff on domestic ships.

Article 30

If, in connection to the departure abroad or return home, the person is obliged to empty his/her apartment or he/she accepted the obligation to empty the apartment in order to put it at the disposal for use by another employee, the expenses incurred from accommodation of household furniture shall be calculated in the amount of the actual costs.

Article 31

Expenditures for per diems during the period that a person spends on the way when moving shall be calculated as expenditures for official trips in the country and abroad.

c) Compensation of Other Expenses Related to Official Trip and Moving Abroad

Article 32

Expenses incurred at obtaining travel documents, vaccination and medical examinations in connection with the official trip abroad shall be calculated as per actual amounts spent.

Article 33 Expenses incurred during an official trip abroad, relating to transport, transfer and taking out of official post, as well as other essential expenses, taxes and other, shall be calculated based on the appropriate invoice.

Article 34

Expenses incurred in connection with the use of telephone and fax on an official trip abroad, and which are essential for the performance of certain activities, shall be calculated based on the appropriate invoice.

Article 35

With the approval of the person leading a delegation, costs incurred in connection with rental of premises for meetings of the delegation, payment of steno typist and typist services as well as rental of typewriters and personal computers for writing reports or for the needs of official correspondence, shall be calculated based on the appropriate invoice.

Article 36

Expenses incurred on an official trip abroad shall be approved based on the calculation of travel expenses, which shall be submitted within seven days after completion of the official trip, in accordance with the provisions of this regulation. The following shall be enclosed with the calculation of the travel expenses: the travel order for the official trip and evidence of the amount paid for the use of a sleeping compartment or ship cabin – if a sleeping compartment in a train or a cabin in a ship was used, respectively the air or ship ticket – if the travel was by airplane or ship, written proof of the exchange rate of the national currency, hotel invoice and other evidence supporting the expenses that are to be reimbursed. If, during an official trip, reservation of a seat or airport tax or transport of luggage by bus is to be paid separately, receipts supporting these expenses shall be enclosed with the calculation of the travel expenses. If it should not be possible to enclose the written proof of the exchange rate of the national currency specified in paragraph 3 of this Article in the calculation of the travel expenses, the expenses shall not be reimbursable.

Article 37

Moving expenses shall be acknowledged based on the calculation of expenses submitted after completion of the moving, in accordance with the provisions of this regulation, within 30 days after completion of the official trip. The following shall be enclosed with the calculation of moving expenses: unique customs document, i.e. customs certificate for declaration of goods, invoices for transport of things, invoices for freight forwarding services, invoices for carrying things out of the apartment and into the apartment, as well as invoices of other expenses.

4. Compensation of Expenses for Use of the Private Vehicle for Official Purposes

Article 38 Exceptionally, a civil servant may, with the approval of the head of the state authority, use his/her private vehicle for official purposes. In the case set forth in paragraph 1 of this Article, a civil servant shall be entitled to compensation in the amount of 25% of the price of a litre of petrol per kilometre.

5. Allowance for Separate Life from Family

Article 39

A civil servant shall be entitled to an allowance for separate life from the family in the event that the state authority transfers him/her to work outside the place of his permanent residence and he/she is separated from his/her family, in the amount of two minimum wages. If accommodation or alimentation is provided for the civil servant, he/she shall be entitled to 70% of the allowance for separate life from the family. A civil servant as set out in paragraph 1 of this Article shall be reimbursed for travel expenses for visiting his family, in the amount of the incurred expenses for travel costs by public transport, for 4 journeys a month.

IV OTHER INCOMES

1. Severance Pay at Retirement

Article 40

A civil servant, whose service terminates due to retirement, shall be entitled to severance pay in the amount of six minimum wages.

2. Holiday Allowance

Article 41

A civil servant shall be entitled to an allowance for the use of annual vacation in the amount of three minimum wages.

3. Assistance to a Civil Servant, i.e. his/her Family in Specific Cases

Article 42

A civil servant shall be entitled to assistance in the following cases:

- long-lasting or severe illness, in the amount of 10 minimum wages, - long-lasting or severe illness of a family member, in the amount of 10 minimum wages, - death of a family member in the amount of 10 minimum wages.

In the case of death of a civil servant, his/her family shall be entitled to assistance in the amount of 15 minimum wages. In the event that two or more members of a family are employed in state administration authorities, the right to assistance specified in paragraph 1 of this Article, when family members are in question, shall be granted only to one of the civil servants. 5. Compensation for Increased Expenses of Work and Stay in the Field (Field Work Allowance)

Article 43

A civil servant shall be entitled to field work allowance for work outside the seat of the state authority, which lasts longer than 15 days continuously, in the following cases: - if no accommodation and alimentation are provided in the field, the civil servant shall be entitled to 20% of the minimum wages per day; - if only accommodation is provided in the field, the civil servant shall be entitled to 15% of the minimum wages per day; - if accommodation is provided free of charge and alimentation is facilitated by means of an organized kitchen, whereby the costs of provision of food are borne by the civil servants based on invoices of caterers, the daily amount of the field work allowance shall be 10% of the minimum wages; - if accommodation and alimentation are provided free of charge, the civil servant shall be entitled to a field work allowance in the amount of 6% of the minimum wages; - for the departure to the field and return after accomplished work, as well as for return home for weekends, the civil servant shall be entitled to reimbursement of travel expenses upon submitted travel tickets.

V FINAL PROVISION

Article 44

This regulation shall enter into force on the eighth day as of its publication in the "Official Journal of the Republic of Montenegro".

No.: 02-1333

Podgorica, March 31, 2005

The Government of the Republic of Montenegro

The Prime Minister,

Milo Đukanović, signed LIST OF COUNTRIES WITH APPROPRIATE AMOUNT OF PER DIEM

No. Per Diem in Country Euro 1 2 3 1 Afghanistan 68 2 Albania 177 3 Algeria 158 4 Angola 216 5 Argentina 162 6 Australia 171 7 Austia 203 8 Azerbaijan 208 9 Bahrain 177 10 Bangladesh 141 11 Belarus 115 12 Belgium 201 13 Benin 252 14 Bolivia 100 15 Botswana 164 16 Bosnia and Herzegovina 152 17 Brazil 85 18 Bulgaria 166 19 Burundi 169 20 Central African Republic 123 21 Chad 199 22 Chile 125 23 Czech Republic 230 24 Denmark 240 25 Egypt 132 26 Ecuador 124 27 Equatorial Guinea 165 28 Dominican Republic 131 29 Salvador Republic 114 30 Estonia 190 31 Ethyopia 154 32 Philippines 115 33 Finland 233 34 France 170 35 Gabon 157 36 Ghana 137 37 Burkina Faso 135 38 Greece 166 39 Guayana 114 40 Guatemala 128 41 Guinea 106 42 Guinea Bisao 87 43 Haiti 142 44 Holland 210 45 Honduras 124 46 Croatia 170 47 India 131 48 Indonesia 14 49 Iran 125 50 Irak 91 51 Ireland 220 52 Iceland 223 53 Italy 175 54 Israel 215 55 Jamaica 178 56 Japan 266 57 Yemen 122 58 Jordan 106 59 Cameroon 209 60 Canada 170 61 Quatar 108 62 Kenya 151 63 China 91 64 Cyprus 160 65 Cambodia 134 66 Colombia 100 67 Congo 241 68 Democratic Republic of the Congo 157 69 Democratic People's Republic of Korea 112 70 Republic of Korea 263 71 Cuba 257 72 Kuwait 249 73 Kazakhstan 196 74 Democratic People's Republic of Laos 111 75 Lesoto 150 76 Lithuania 250 77 Lebanon 125 78 Liberia 183 79 Libya 203 80 Luxembourg 189 81 Madagascar 162 82 Macedonia 166 83 Malawi 111 84 Hungary 215 85 Malaysia 83 86 Mali 236 87 Malta 175 88 Mauritania 134 89 Mexico 205 90 Mongolia 69 91 Mozambique 125 92 Namibia 115 93 Germany 171 94 Nepal 82 95 Niger 182 96 Nigeria 129 97 Nicaragua 116 98 Norway 202 99 New Zealand 160 100 Oman 114 101 Pakistan 146 102 Panama 129 103 Papua New Guinea 124 104 Paraguay 130 105 Peru 161 106 Poland 270 107 Puerto Rico 149 108 Portugal 194 109 Rwanda 171 110 Romania 166 111 United States of America 177 112 Saudi Arabia 165 113 Senegal 156 114 Sao Tome and Principe 140 115 Seychelles 236 116 Sierra Leone 128 117 Singapore 180 118 Syrian-Arab Republic 109 119 Somalia 51 120 Russian Federation 173 121 Sudan 199 122 Suriname 111 123 Slovak Republic 175 124 Slovenia 170 125 Spain 195 126 Sri Lanka 69 127 Switzerland 219 128 Sweden 234 129 Thailand 98 130 United Republic of Tanzania 134 131 Togo 136 132 Trinidad and Tobago 157 133 Tunisia 122 134 Turkey 100 135 Uganda 158 136 United Arab Emirates 163 137 Uruguay 84 138 Ukraine 200 139 Uzbekistan 156 140 Great Britain 236 141 Venezuela 161 142 Vietnam 88 143 British Virgin Islands 218 144 Virgin Islands (USA) 205 145 Zambia 115 146 Zimbabwe 121 147 South Africa 156 148 All other countries 160