Act on the Principles of Personnel Law (Personalgesetz, PersG) - Scope of Application (OR)

1. This law regulates the fundamental aspects of the legal relationship between the canton and its personnel.

2. It applies to all employees of the canton, insofar as no special provisions are provided for them in another law.

1. The Government Council issues a guiding framework for personnel policy at the beginning of a legislative period. This framework contains the current goals and development strategies related to personnel policy.

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1. Employees are staff members whose employment relationship is established by a public-law employment contract for an indefinite or fixed term. Fixed-term employment relationships may last no longer than a total of 5 years.

2. Civil servants are staff members elected by the populace or the Great Council for a term of office. In these cases, the terms of employment can be determined by public-law contract or by order.

3. The Executive Council establishes the personnel and salary issues to be regulated by order in employment and civil service relationships, insofar as these are not determined by decree.

1. The government council shall issue supplementary and executive regulations concerning the substantive design of the contracts and orders.

2. If it proves materially necessary in employment relationships, the government council may establish special regulations, notably longer notice periods, additional duties of loyalty, or the possibility of disciplinary measures as per § 36.

3. The minimum entitlements for the protection of employees correspond to those of the Swiss Code of Obligations and must be adhered to in all cases. Provisions of this law are reserved.

1. The Executive Council may conclude collective labor agreements with personnel associations for the entire administration or for individual occupational or functional groups in areas where its regulation falls under its final jurisdiction.

2. It may declare the agreed provisions binding for employees who are not affiliated with the corresponding associations within the substantive scope of the collective labor agreements.

3. The provisions of the collective labor agreements become components of the individual employment relationships.

4. To the extent that the content of the collective labor agreements and any general declaration of applicability exceed the competence of the Executive Council, the prior approval of the Grand Council is required.

5. In any case, the collective labor agreements must operate within the framework of law and decree.

1. The Executive Council regulates the competences, unless a law or decree contains specific provisions.

1. Unless otherwise specified in this law, the provisions of Articles 334-337d of the Swiss Code of Obligations (as of January 1, 1998; see Appendix) shall apply as cantonal public law for the conclusion of a fixed-term or indefinite employment relationship, for the probationary period, for ordinary termination, for summary dismissal, for protection against dismissal, and for the procedure in the dismissal of entire groups.

1. By signing the employment contract, the employees commit themselves to the constitution and the law.

2. For civil servants, the oath of office is taken verbally before the electoral authority, and in public elections, before the supervisory authority. For oaths taken before the Grand Council, the Grand Council determines the format, and for other oaths, the government council determines the format.

1. The contracting parties may terminate the employment relationship at any time by mutual agreement.

2. The employment relationship ends without notice

a) upon reaching the age limit established by decree;

b) upon the expiration of a fixed-term contract.

3. For indefinite contracts, the following minimum notice periods apply mutually for ordinary termination

a) in the first year of employment, 1 month;

b) from the second year of employment, 3 months.

4. A longer notice period may be agreed upon in the employment contract.

5. If entire administrative units are abolished or other restructuring is undertaken for organizational or economic reasons, a social plan will be devised.

1. Termination by the Canton can only be pronounced if there are objectively sufficient reasons, namely

a) Abolition of the position for organizational or economic reasons. In these cases, the affected employees must, if possible, be offered another reasonable position that corresponds to their abilities and experience;

b) Lack of suitability for the work agreed upon in the employment contract;

c) Deficiencies in performance or behavior that persist despite written warnings during the probation period;

d) Lack of willingness during or after the probationary period to perform the work agreed upon in the employment contract or other reasonable work.

2. Constitutional principles remain reserved, namely the prohibition of arbitrariness, the requirement of good faith, and the principle of equal treatment under the law.

3. Termination by the Canton shall be accompanied by written justification.

1. Any circumstance considered significant under Swiss Code of Obligations constitutes grounds for immediate termination for both parties.

1. If a termination is subsequently found to be unlawful, the employee is entitled to compensation. This is determined according to the provisions regarding abusive termination under the Swiss Code of Obligations.

2. There is no entitlement to reinstatement.

1. The decree may stipulate that employees can be partially or fully retired early, either at their own request or at the behest of the canton, before reaching retirement age.

2. In the event of early retirement, with or without a personal request, any reduction in the ordinary pension benefits of occupational provisions resulting from this may be fully or partially compensated.

3. The Grand Council shall regulate the conditions, the amount, and the detailed design of the benefits.

1. The canton respects and protects the personal rights of its employees.

2. The canton and all entities acting on its behalf shall take the necessary measures to protect the life, health, and personal integrity of its employees.

3. Employees are entitled to access, inspect, and rectify their personal data in accordance with data protection legislation. Such data shall not be disclosed to third parties or other authorities.

4. In handling personal data, the provisions of the Public Information, Data Protection, and Archives Act (IDAG) of October 24, 2006, shall apply.

1. The canton protects its employees from unjustified attacks and claims that are made against them in connection with the fulfillment of their duties.

2. The government council regulates the coverage of legal protection costs when it becomes necessary to pursue legal action to safeguard the rights of the employees.

1. The entitlement to wages, continued wage payments, compensation, and social security benefits is governed by the decrees of the Grand Council.

1. Employees are insured against the economic consequences of illness and accident. The Grand Council regulates the extent of the benefits to be provided by decree.

2. Joining the daily allowance insurance is mandatory.

3. Employee contributions to the daily allowance insurance are deducted from their salary.

1. Employees may request a certificate at any time that provides details regarding the nature and duration of the employment relationship, as well as their performance and conduct.

2. At the request of employees, the certificate must be limited to information concerning the nature and duration of the employment relationship.

1. Employees are entitled to periodic discussions regarding performance, skills, suitability, and conduct.

2. The periodic discussions form the basis for assessing the current status, evaluating development opportunities, and determining training and further education needs.

3. The essential content of the discussions must be documented in a jointly signed, confidential summary protocol.

1. The Executive Council establishes the prerequisites for sustainable personnel development and regulates the corresponding education, training, and further education.

2. In addition to promoting job-related skills and long-term flexible deployability, operational training also fosters general professional, self, and social competencies.

1. If their activity requires it, the government council may exceptionally establish a residency obligation for certain employees or for individual groups, deviating from the right to free residence.

2. To the extent necessary for maintaining public order or essential services, the government council may restrict or suspend the right to strike.

1. The canton is liable to the employees for damage that has arisen in connection with the performance of their duties.

2. The limitation periods are governed by § 31 para. 4.

1. Employees must respect the rights of the public, perform the tasks entrusted to them carefully, diligently, and economically, and preserve the interests of the canton in good faith.

2. They must personally endeavor to pursue professional development.

1. Employees are obligated to maintain confidentiality concerning matters which have been entrusted to them in their official or service capacity, or which they have become aware of in such capacity, and which, due to their special nature, are not intended for third parties because of higher public or private interests. The same applies to the protection of personal rights or when a special provision exists. The government council may issue corresponding orders in individual cases.

2. This obligation remains in effect after the termination of the employment relationship.

3. The government council regulates the release from the obligation of official secrecy.

4. A breach of official secrecy is not constituted when serious grievances are reported to the President of the Grand Council after exhaustion of the official channels.

1. Employees may not solicit, accept, or allow promises for gifts or other advantages for themselves or others that are or could be related to the employment relationship.

2. Exempt from this is the acceptance of courtesy gifts of minor value.

1. The government council shall regulate the working time, vacations, rest periods, and leisure time of the employees, as well as the operating hours.

2. The relevant criteria for working hours are, in particular

a) the operational needs,

b) the trends in working hours in the rest of the economy and the general economic objectives of the canton,

c) the personnel policy goals.

3. Employees may also be required to work outside of regular operating hours and beyond the standard working time if the task requires it and to the extent that it is reasonable regarding health and family obligations.

4. Subject to the federal minimum provisions for the protection of employees.

1. Employees may temporarily be assigned a reasonable task that corresponds to their abilities, even if it is not part of their original duties as per the employment contract.

1. Secondary employment must not impair the fulfillment of obligations arising from the employment relationship.

2. They require the approval of the relevant department, the judicial administration, or the competent body of the autonomous institution if

a) there is a possibility of a conflict of interest,

b) the secondary employment is remunerated and, together with the employment with the canton, exceeds a full-time position, or

c) working time is used for it.

1. The application for a public office requires the approval of the competent department, the judicial authority, or the relevant body of the independent institution.

2. The approval is accompanied by a regulation regarding the use of working time, compensation for the working hours used, and the utilization of additional income. The government council issues guidelines in this regard.

3. The approval may be denied or subject to conditions if the fulfillment of the duties from the employment relationship is impaired or if a conflict of interest could arise.

1. Employees may be required to undergo an examination by a trusted physician in justified cases. The obligation can be determined for individual persons or for a professional or functional group.

2. Several physicians must be available to choose from.

1. If it is foreseeable that an employee’s incapacity for work will last longer than 30 days, the employing authority must immediately report this to the responsible personnel office. The personnel office then reports the case to the Case Management Coordination Office.

2. Employees who are unable to work may be required to be accompanied by an external agency designated by the Case Management Coordination Office as part of a case management process.

1. The rights to inventions, industrial designs, and models, as well as other intellectual property, are governed by the provisions of the Swiss Code of Obligations and other federal legislation.

2. Works created by employees in the fulfillment of their official duties may be used, modified, or sold by the canton without compensation and without temporal and spatial limitation, in accordance with the federal copyright legislation.

1. Employees are liable for the damage they intentionally or through gross negligence cause to the canton.

2. If multiple persons have caused the damage, the claims for compensation shall be asserted proportionately according to the degree of fault.

3. A compensation claim may be waived, particularly if it would disproportionately affect the employee.

4. Compensation claims expire 5 years after the damaging act. If the claim is derived from a criminal act, the statutory limitation periods for criminal law apply, provided they are longer.

1. For employees elected for a term of office, the duration of the employment relationship corresponds to the respective term of office.

2. Unless the constitution, law, or a decree based on them provides otherwise, the regular term of office begins 24 months after that of the Grand Council and the Council of State.

3. For employees elected by the people, the term of office begins with that of the Grand Council.

1. The civil servant status terminates automatically with the expiration of the term of office.

2. Re-election is possible.

**1. Civil Servants Requesting Release before Termination of Term**

1. Civil servants may, upon request, be released by the supervisory authority with appropriate notice before the expiration of their term of office.

1. The supervisory authority may terminate the employment relationship before the end of the term of office in the following cases

a) with a transitional period if the position is abolished,

b) without notice if there is a valid reason under Swiss Code of Obligations.

1. Compensation for Non-Reelection of Civil Servants is Regulated by Decree of the Grand Council.

1. In the event of duty or regulatory violations or when a prior warning has been unsuccessful, the supervisory authority has the following disciplinary measures at its disposal

a) the reprimand,

b) the transfer to provisional status, and

c) the dismissal from office.

2. A reasonable salary reduction may accompany the disciplinary measures.

3. If a disciplinary procedure has been initiated, a precautionary suspension from office activity may be ordered during its duration in serious cases.

1. Before filing a judicial lawsuit according to § 39 or an appeal according to § 40, all disputes, including those under the Federal Act on Gender Equality (Gender Equality Act, GlG) of March 24, 1995, shall be submitted to the conciliation commission. In the case of orders and terminations of contracts, a period of 30 days from the delivery must be observed.

2. The conciliation commission issues a recommendation. Within 30 days after the delivery of the recommendation, the competent authority issues a new decision or order. The affected person may file a judicial lawsuit pursuant to § 39 within six months after the delivery of the new decision or file a judicial appeal according to § 40 within 30 days after the delivery of the new order.

3. The conciliation commission consists of the president and four to eight members. Both genders must be sufficiently represented. At least one member should not have any employment relationship with a public employer.

4. The president should not have any additional employment relationship with the canton.

5. The conciliation commission is elected in agreement with the judicial administration and after consultation with staff associations and employers. The procedure is regulated by the government council through an ordinance.

1. The Administrative Court Assesses in Legal Proceedings

a) * contractual disputes arising from the employment relationship,

b) claims for damages by the canton against its employees and vice versa,

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1. Appeals against decisions regarding personnel and salary matters may be filed with the administrative court after a conciliation procedure has been conducted. The deadline is 30 days from the notification of the new decision.

1. No procedural costs are charged and no party costs are awarded in proceedings before the Conciliation Commission.

1. In proceedings before the administrative court, no procedural costs shall be charged for a dispute value of up to CHF 30,000.

2. The allocation of party costs is governed by the provisions concerning the appeal procedure pursuant to the Law on Administrative Procedure (Administrative Procedure Act, APA) of December 4, 2007.

1. In personnel law disputes before the administrative court, both genders must be represented by at least one person.

2. The objection of unreasonableness is permissible.

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1. Before the enactment and amendment of provisions relating to personnel and salary law, the staff shall be given the opportunity to provide a statement.

2. Supervisors shall inform the staff in advance, whenever possible, about developments and projects that are significant for their duties or position.

3. The executive council shall regulate the right to information and the participation rights of employees concerning issues of occupational safety and health protection.

1. The staff may form a staff commission in which the personnel of the departments and the judiciary should be equally represented. The provisions of the Federal Act on Information and Consultation of Employees in Enterprises (Participation Act) of 17 December 1993 apply mutatis mutandis to the cooperation between the staff commission and the canton.

2. The staff commission advocates for the common interests of the employees vis-à-vis the canton. It is granted particular participation rights in matters of occupational safety and health protection, as well as in the event of dismissal of entire groups in accordance with Art. 335d-335g of the Swiss Code of Obligations (as of 1 January 1998; see appendix).

3. The size, composition, and election procedure are governed by the provisions of the Participation Act.

1. The Executive Council recognizes professional or occupational associations that permanently represent a significant portion of the cantonal staff or their professional group as negotiation partners in personnel policy matters.

2. The associations are to be granted the same opportunities to provide feedback as the staff (§ 43 para. 1). Additionally, they must be informed in a timely manner about important changes in the administrative organization and about significant job reallocations.

3. The associations are entitled to represent their members in legal proceedings.

1. The supreme organ of an independent institution can, in a regulation subject to approval by the cantonal government, establish provisions deviating from the Personnel Law or declare private law applicable. In doing so, the principle of legal equality must be observed, and adequate legal protection must be ensured. The minimum provisions of the Swiss Code of Obligations must not be undercut to the detriment of the employees.

2. To the extent that public law is declared applicable, the provisions on judicial claim and appeal proceedings according to §§ 39 and 40 shall apply. The period for lodging an appeal to the Administrative Court is 30 days after the delivery of the decision by the organ of the institution that is competent at the last instance.

1. Other employees of municipalities or other public-law entities, to the extent that they are directly remunerated by the canton, are subject to this law insofar as it is necessary for the application of salary regulations and in the absence of specific provisions contained in special laws.

1. In disputes arising from a public-law employment relationship of municipalities, municipal associations, or other public-law corporations, with the exception of state churches, the provisions concerning judicial complaint and appeal procedures pursuant to §§ 39 et seq. shall apply. The conciliation procedure pursuant to § 37 is omitted.

2. The period for an appeal to the administrative court is 30 days following the delivery of the decision of the last-instance competent body of the municipality or corporation.

3. In complaints due to unjustified dismissal, § 12 is applicable analogously in a subsidiary manner.

4. Lawsuits concerning contract terminations must be submitted to the administrative court within six months from the date of delivery.

1. This law shall be published in the official collection of laws following approval by the people and shall be enacted by the government council.

1. Upon the entry into force of this law, the following shall be repealed

a) §§ 1-17 and § 34 of the Decree on the Service Relationship and Remuneration of State Officials (Remuneration Decree) dated November 24, 1971, subject to § 51 para. 5;

b) the Law on Inflation Allowances for Pension Recipients of the Civil Servants' Pension Fund dated July 10, 1961;

c) § 40 of the School Law dated March 17, 1981;

d) § 3 of the Law on the Organization of the Cantonal Police dated March 8, 1955.

2. The Law on Administrative Procedure (Administrative Procedure Law, APL) dated July 9, 1968 is amended as follows

*Text inserted in the respective enactment.*

3. The Court Organization Law (Law on the Organization of Ordinary Judicial Authorities, COL) dated December 11, 1984 is amended as follows

*Text inserted in the respective enactment.*

4. The Law on the Municipalities (Municipality Law) dated December 19, 1978 is amended as follows

*Text inserted in the respective enactment.*

5. The Law on Building Insurance (Building Insurance Law, BIL) dated January 15, 1934 is amended as follows

*Text inserted in the respective enactment.*

6. Adjustments or repeals of decrees and regulations in the context of implementation must take place within 6 months.

1. Existing civil service relationships that are not provided for under this law at the time it comes into force shall expire on March 31, 2001. They shall be replaced by employment relationships under this law as of April 1, 2001.

2. Insofar as the existing civil service relationships are replaced by new ones, the current office holders shall have an extension of their term of office until September 30, 2001. Subsequently, the first regular term of office under the new law begins.

3. Teaching and internship relationships existing at the time of the law's entry into force are not affected by the new law.

4. Employment relationships as well as other special employment relationships existing under the old law at the time of the law's entry into force must be replaced by employment contracts under the new law no later than April 1, 2001.

5. For the transitional period until September 30, 2001, the previous §§ 1-17 and § 34 of the Decree on the Employment Relationship and Remuneration of Civil Servants (Remuneration Decree) dated November 24, 1971, apply to civil service relationships under the old law.

6. The term of office starting on October 1, 2013, for persons mentioned in § 32 Paragraph 2 shall be extended by 15 months until December 31, 2018. The subsequent four-year term of office starts on January 1, 2019.

7. For court cases pending at the time the new procedural costs regulation (§ 41a) comes into force, the previous provisions apply.

8. For contract terminations occurring before the enactment date of § 48 Paragraph 4, the previous provisions apply.