Personnel Regulations of the Courts - Scope

1. This regulation applies to the staff of the courts, including the offices affiliated with the civil court (§ 49 para. 1 GOG), hereinafter referred to as "court personnel".

2. For the presidencies as well as the judges, these personnel regulations apply only insofar as they are compatible with their respective status as magistrates.

3. The regulations concerning the retirement provisions of the court personnel and the pension fund of Basel-Stadt are not subject to this regulation.

1. The personnel decrees of the Government Council also apply to court staff, unless specific regulations of the Court Council or individual courts exist. The same applies to the regulations, guidelines, and instructions, etc., of the Central Personnel Service.

1. Insofar as a matter falls within the competence of the Court Council, it shall apply the Ordinance on Social Partnership Cooperation in the Cantonal Administration of Basel-Stadt dated May 5, 2009, by analogy.

1. If a cantonal decree regarding state personnel assigns a competence to the Government Council, the Judicial Council shall replace it within the scope of this regulation, subject to any differing provision. The chairperson of the Judicial Council shall replace the President of the Government Council.

2. If a cantonal decree regarding state personnel assigns a competence to a department, a head of a department, department management, a directorate, or the personnel manager, the individual courts shall replace them within the scope of this regulation, subject to any differing provision.

1. The individual courts regulate their internal responsibilities through regulations, guidelines, or directives, whereby, subject to a differing regulatory arrangement, the respective presidium conference is responsible.

2. The presidium conference of the individual courts may delegate this authority.

3. If a cantonal decree concerning state personnel assigns a responsibility to the chief of personnel, then within the scope of this regulation, subject to a differing arrangement, the administrative chief of the respective court assumes that role.

4. The Civil Court regulates the internal responsibilities within the offices affiliated with it (§ 49 para. 1 GOG) through guidelines or directives.

1. The court council ensures that the personnel administration for the courts is taken over by a departmental personnel division of the administration in cooperation with the Central Personnel Service.

2. The departmental personnel division is also tasked with the duties pursuant to §§ 11 and 12 para. 1 sentence 1 of the Ordinance on Personnel Services of the Canton of Basel-Stadt (Human Resources Management Ordinance) dated January 25, 2005. The individual courts are responsible for compliance with personnel law regulations.

3. The independence of the judicial administration in matters of personnel law is reserved.

1. Regarding the Early Retirement of Employees of the Courts and Offices at the Initiative of the Employer or by Mutual Agreement Pursuant to § 6 Paragraph 1 of the Ordinance Concerning the Early Retirement of Employees of the Canton of Basel-Stadt dated August 15, 2006, the Court Council decides in each case.

1. The tasks assigned to the decentralized personnel manager by the Ordinance concerning Idea Management in the Public Administration of Basel-City dated May 24, 2005, are to be carried out by the individual courts. In the case of improvement ideas that span multiple courts, the court council is responsible.

2. The tasks may be delegated to individual employees, with the exception of the authority to grant bonuses of CHF 2,000 or more according to § 10 paragraphs 2 and 3 of the Ordinance. The individual court decides on this matter, or in the case of improvement ideas that span multiple courts or bonuses exceeding CHF 10,000, the court council makes the decision.

1. The presidents, judges, court clerks, as well as other persons involved in the deliberations of the court, such as in particular trainees, must refrain from wearing visible religious symbols during negotiations and when announcing decisions in the presence of the parties or the public.

1. Employees engaged irregularly without a fixed workload and no entitlement to employment are compensated based on the hours worked.

2. The rate is determined by the classification of the performed function and the employee's experience, with an appropriate surcharge to account for the lack of employment entitlement. Vacation compensation and the 13th month's salary are paid on a pro-rata basis.

3. The courts establish the rates with guidelines that require the approval of the Judicial Council.

1. The Court of Appeals establishes the compensation for the record-keeping personnel attending the sessions of single judges for coercive measures in immigration law, as well as the compensation for the corresponding on-call service, with guidelines to be approved by the Judicial Council.

**1. The Court Presidencies Operate Under the Model of Trust-based Working Hours.**

**2. The court presidencies arrange their vacations autonomously in accordance with personnel regulations and in consultation with their colleagues. In principle, vacations cannot be carried over to the following year. There is no entitlement to the payout of unused vacation days.**

**3. Court presidencies are exempt from fulfilling their official duties during the period of maternity and paternity leave as determined by personnel regulations.**

**4. The respective conference of presidencies may grant a member of the presidency unpaid leave upon request in special cases, as long as this is compatible with the operation of the court.**

1. Decisions of the respective Presidential Conference (§ 16 para. 1 of the Personnel Act), against which an appeal cannot be lodged with the Personnel Appeals Commission (§ 62 para. 2 sentence 2 GOG), may be contested by means of an appeal to the Administrative Court (§ 10 para. 1 of the Act on Constitutional and Administrative Law (VRPG) of June 14, 1928).

1. Newly created positions, as well as positions whose level of difficulty has significantly changed due to a change in the existing structure of an organizational unit or due to a change in function, shall be reclassified by the Court Council in accordance with §§ 5 and 6 paragraphs 1 and 2 of the Act concerning the Classification and Remuneration of Employees of the Canton of Basel-Stadt (Salary Act) of January 18, 1995.

2. The provisions of the Ordinance on the Classification of Positions and the Grading of Employees of the Canton of Basel-Stadt (Classification Ordinance, EVO) of October 31, 1995, shall generally apply, taking into account the jurisdictional regulations set forth in § 4 of these regulations.

3. As a departure from § 4a paragraph 2 EVO, in the event of a disagreement between the appointing authority (individual court) and the competent central human resources department regarding the classification of a position, the involvement of the evaluation group is omitted. Whether in consensus or disagreement, the request is forwarded directly to the Court Council for a decision.