Working Hours Ordinance (AZV) - Scope (AZV)

1. This regulation applies to the employees of the cantonal administration as well as the courts and the judicial administration. Exempted are employees whose professional group is subject to specific enactments.

1. The implementation of this regulation is the responsibility of the departments, the courts, and the judiciary administration as well as the state chancellery. They designate the competent offices and persons within their organization.

2. Human Resources Aargau (HR Aargau) advises and supports the departments, the courts, and the judiciary administration as well as the state chancellery in its implementation. It verifies the proper execution of the regulation.

**1. Operating Hours**

Operating hours are from Monday to Friday from 8:00 AM to 12:00 PM and from 2:00 PM to 5:00 PM. During operating hours, the availability of information and functionality of the individual organizational units for the public and internal operations must be ensured.

**2. Additional Operating Hours**

In the interest of the public and customers or for operational reasons, departments, courts, and judicial administration, as well as the state chancellery, may establish additional operating hours for individual services if necessary.

**3. Reductions in Operating Hours**

Reductions in operating hours as per paragraph 1 require the approval of the government council or the judicial administration.

1. The government council determines annually whether the days between Christmas and New Year are work-free and to what extent the missed working hours must be made up. The details are specified by the government council in the annual resolution.

1. The regular standard working hours to be performed daily, monthly, and annually for a full-time position are calculated based on a 42-hour workweek. For part-time positions, the standard working hours are reduced in accordance with the employment percentage.

2. HR Aargau calculates the regular standard working hours for daily, monthly, and annual periods and announces them in a timely manner.

1. In the absence of fixed work schedules, work is generally performed from Monday to Friday and between 6:00 AM and 8:00 PM.

2. Young persons up to the completion of their 19th year and apprentices up to the completion of their 20th year are allowed to work a maximum of 9 hours on the same day.

1. If more than 6 hours per day are worked, a meal break of at least 30 minutes must be observed. This will, in any case, be deducted from the daily working hours.

1. Whole or multi-day absences from work performance due to illness, accident, vacation, fulfillment of statutory duties, or due to leave shall be recorded as per the regular daily target working hours in accordance with § 5.

2. Absences for attending to personal matters are not considered working hours.

3. For personal doctor's visits, medical therapies, etc., which cannot be scheduled during non-working hours, a maximum of 1 hour per visit and day may be counted as working hours. The same applies when fulfilling the parental duty of accompanying sick children to doctor's visits, etc.

1. For official duties performed outside the workplace, the actual time spent is credited as working time.

2. At the beginning and end of the business trip at the workplace, the travel time is considered working time.

3. If, exceptionally for official reasons, the business trip starts at the place of residence and/or returns there, the travel time is regarded as working time.

4. For employees in the field service, the working time begins at the respective location of assignment.

1. Time recording shall be carried out personally by all employees using the time recording devices available at the workplace or manually on time recording sheets. Delegation of time recording is not permitted.

2. The following entries must be made on the time recording sheet or time recording card in any case

a) Start and end of work;

b) Start and end of meal breaks;

c) Whole-day or multi-day official duties outside the workplace;

d) Ordered overtime and overtime compensation;

e) Any absence counted as working time, with a statement of reasons;

f) Any interruption to work counted as non-working time.

3. Brief official tasks conducted outside the office premises with a return to the workplace on the same morning or afternoon need not be recorded.

4. The departments, the courts, and the judiciary administration, as well as the state chancellery, may issue instructions for the recording of working time applicable within their area.

5. The governing council and the judicial administration may decide on exceptions to the obligation to record working time.

1. At the end of each month, the monthly statement shall be prepared.

2. The employees must submit their completed and signed monthly statements to their supervisor for review.

3. The monthly statements must be retained for five years.

1. In shift operations or areas where work assignments need to be determined for operational reasons, work is conducted according to fixed working hours. The working hours are determined by duty rosters.

2. Employees are bound to these fixed working hours. Absences according to § 8 must be discussed.

1. For all employees who do not work according to fixed duty rosters, the provisions of flexible working hours shall apply.

2. Within the working time framework specified in § 6, the start and end of the working day can generally be chosen freely. The individual organizational units shall ensure that they are accessible during the times specified in § 3.

1. The flexitime balance at the end of the calendar year results from the difference between the annually worked hours within the working time framework according to § 6 and the annually required regular working hours according to § 5. This is subject to any ordered overtime.

2. A positive or negative flexitime balance of up to 42 hours may be carried over to the new calendar year. The flexitime credit exceeding 42 hours expires at the end of the calendar year without compensation. A flexitime deficit exceeding 42 hours leads to a corresponding salary reduction. For part-time employees, the positive or negative carryover of the flexitime balance is measured in relation to the employment level.

3. Before the termination of the employment relationship, a positive or negative flexitime balance must be settled. Flexitime credit generally expires on the exit day. The superior may exceptionally grant compensation if a compensation was not possible for operational reasons. A flexitime deficit on the exit day leads to a corresponding salary reduction.

1. A flexitime balance shall be compensated following prior agreement with the supervisory authority.

1. The following flexible working time models are possible

a) Annual working time with fixed daily, weekly, or monthly target working hours;

b) Annual working time without fixed daily, weekly, or monthly target working hours;

c) Bandwidth model.

1. Due to the operational needs of individual organizational units, the offering of flexible working time models may be restricted entirely or for individual cases.

2. Participation in flexible working time models is voluntary for employees. There is no mutual entitlement to a flexible working time model; in particular, there is no entitlement to a specific variant within the bandwidth model.

1. The choice of the working time model and the structuring of the working hours must be documented in writing between the employees and the supervising authority.

2. The working time agreement generally applies for one calendar year at a time and must be arranged by the end of November of the previous year. It is automatically extended by one calendar year if no requests for changes are submitted by the parties involved.

3. Working time agreements related to the bandwidth model must be reported to the responsible HR Aargau offices if they have an impact on salary.

1. Unless otherwise explicitly regulated or agreed upon in flexible working time models, Sections 3-15 shall apply.

1. The annual standard working hours calculated in accordance with Section 5 form the basis for the annual working time models.

2. The annual standard working hours can be completed in less than twelve months. The time compensation can be taken consecutively.

1. In the case of annual working time with specified target working hours, the working hours to be performed must be agreed in advance as daily, weekly, or monthly target working hours or through deployment plans.

2. The agreed target working time may not exceed 46 hours per week.

1. In the case of annual working hours without specified daily, weekly, or monthly standard working times, the annual standard working hours to be performed are agreed upon.

2. The weekly working time must not exceed an average of 46 hours per week.

1. In the case of annual working hours with specified target working hours, the following deviation from § 8 applies: Absences that are not known or planned in advance will be credited with the agreed daily target working hours. Paragraph 2 remains reserved.

2. Absences that exceed 30 consecutive calendar days will be retroactively credited from the first day with the corresponding regular target working hours in accordance with § 5.

1. Based on the standard working hours according to § 5, the following working time options are available to employees

Option | Annual Standard Working Hours according to § 5 | Salary in % | Additional Vacation Days

I | - 4 % | 96 % | 0

II | - 2 % | 98 % | 0

III | - 2 % | 96 % | 5

IV | 0 | 98 % | 5

V | 0 | 96 % | 10

VI | + 2 % | 100 % | 5

VII | + 2 % | 98 % | 10

2. The government council determines from which point in time the following additional option becomes applicable

Option | Annual Standard Working Hours according to § 5 | Salary in % | Additional Vacation Days

VIII | + 4 % | 100 % | 10

3. Employees with a part-time workload do not have access to Options I and II of the bandwidth models.

4. For employees with a fixed-term employment contract of less than one year, the bandwidth model is not possible.

1. The wage is based on the agreed working time variant.

2. The calculation of the insured earnings within the framework of occupational benefits is carried out on the basis of a salary equivalent to 100% of the corresponding workload.

1. Absences pursuant to § 8 are credited with the daily standard working hours of the corresponding working time model.

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1. This regulation shall be published in the legal gazette. It shall enter into force on January 1, 2000.

1. Changes that result in a deterioration of the position of employees must be published 4 months before they come into effect.

1. The Working Hours Ordinance of August 22, 1988 is repealed.

1. Positive or negative flexitime balances existing at the time this regulation comes into effect are transferable up to an extent of 15 hours as part of the flexitime balance.

2. The departments, the high court, and the state chancellery may, for purely organizational reasons, restrict the application of §§ 16-26 until no later than January 1, 2001.