Personnel Act - Subject Matter and Scope

1. This law governs the fundamental principles of the employment relationship between the canton as an employer and its personnel.

2. It applies to all employees of the canton, unless federal law or cantonal law provides for special provisions.

3. The government council may declare § 16 para. 2 and §§ 40-43 of this law applicable to independent public-law institutions of the canton of Basel-Stadt, provided these institutions have employed their personnel according to this law and do not have provisions for the legal protection of their employees.

1. Subject to any differing provisions, Sections 14 to 25 of this Act shall apply mutatis mutandis to the members of the Government Council as well as to the holders of ancillary offices.

2. The Government Council shall issue the implementing regulations and, in particular, regulate early retirement and early dismissal from the ancillary office.

1. The Executive Council shall issue the implementing provisions for this law. It may provide, within the framework of this law, specific implementing provisions for particular professional groups or categories of employees, namely for transitional positions, internships, traineeships for the purpose of vocational training, further and advanced training, as well as for vocational courses and apprenticeships.

2. The Judicial Council may issue its own implementing provisions for court personnel.

1. Unless otherwise provided by this law, Articles 319-362 of the Swiss Code of Obligations apply to the employment relationship as cantonal public law.

1. The Executive Council defines the principles of personnel policy and creates the necessary conditions for its implementation.

2. The personnel policy shall, in particular

a) enable the recruitment and retention of employees suitable for fulfilling the duties of the canton;

b) promote efficient and citizen-oriented fulfillment of state tasks within the framework of legal provisions and performance mandates;

c) promote the development and implementation of contemporary organizational structures, team-oriented management models, and flexible working time regulations, particularly the creation of part-time positions in all areas and at all hierarchical levels;

d) take into account the needs of employees and support their training, continuing education, and professional development;

e) ensure equal opportunities, particularly for women and men, as well as people with disabilities;

f) strive for a well-functioning social partnership and thus create a climate of openness, trust, and fairness;

g) support the integration of unemployed individuals.

**1. Employees have the right to participate in all matters that concern them. They may exercise this right personally, through staff associations, or through staff committees.**

**2. The Joint Commission for Personnel Matters reviews proposals for amendments or additions to personnel regulations, as well as personnel issues, at the request of the government council, a department, the judicial council, or the association of Basel-Stadt state employee associations. The details are regulated by ordinance.**

**3. Employees have the right to establish staff committees. The composition, voting rights, eligibility, and details of the election process are regulated by ordinance.**

1. Vacant positions must generally be advertised.

1. A prerequisite for employment is the professional and personal suitability of the applicant.

2. The government council designates the positions for which Swiss citizenship or a specific residence is required.

3. Additional employment requirements based on special laws are reserved.

1. The employment relationship is established through the conclusion of a public service employment contract for an indefinite or fixed term, or through election to a fixed term of office, provided such is stipulated by law.

1. The Executive Council is the appointing authority for all employees directly subordinate to a department head, as well as for specific functions to be designated in a regulation.

2. The appointing authority for the remaining employees is the department head. They may designate a subordinate authority as the appointing authority with the approval of the Executive Council.

1. The first three months of an indefinite employment relationship are considered a probationary period. A shorter or longer probationary period can be agreed upon in writing in the employment contract, or such a period may exceptionally be waived. However, it may not exceed twelve months. In fixed-term employment relationships, a probationary period applies only if it has been agreed upon in writing.

2. In the event of an effective reduction of the probationary period due to illness, accident, or fulfillment of a non-voluntarily assumed statutory duty, the employing authority may reasonably extend the probationary period.

3. During the first three months of the probationary period, either party may terminate the employment relationship with a notice period of 14 days, effective at the end of a week. Thereafter, the notice period is 30 days, effective at the end of a month.

1. Employees are obligated to provide personal work performance in accordance with legal provisions, their employment contract, and pursuant to the employer's instructions.

2. They must execute the tasks assigned to them diligently, conscientiously, and economically, while safeguarding the employer's interests.

3. If necessary, employees have to assume new tasks or a different area of responsibility that corresponds to their training and abilities, at the same or a different workplace.

1. Employees are entitled to a minimum of 4 weeks of vacation annually. Starting from the calendar year in which an employee reaches the age of 50 or 60, the entitlement increases to at least five or six weeks, respectively. The Executive Council may establish further vacation entitlements for certain professional groups.

2. In exceptional cases, additional vacation may be granted. Furthermore, in special circumstances, paid or unpaid leave may be granted. The Executive Council regulates the conditions and determines the competencies.

1. The employer respects and protects the dignity and personality of the employees.

2. The employer shall take the necessary measures to protect the life, health, and personal integrity of the employees.

1. Employees who are compelled to take legal action against someone due to incidents related to their employment, or against whom legal proceedings are initiated in connection with their employment, may request legal protection from the employer.

2. The Government Council decides on the form and extent of the legal protection.

3. Additionally, the provisions of the Liability Act apply.

1. Employees may submit a written complaint about their employment relationship to the supervising authority. Employees of the courts shall direct their complaints to the respective Presidium Conference.

2. In cases of sexual harassment at the workplace, individuals affected by harassment may submit a written complaint to the Personnel Appeals Commission and request appropriate measures. The Personnel Appeals Commission shall report to the supervising authority pursuant to paragraph 1 and recommend any measures. The right to file a complaint expires within one year from the incident; if the harassment constitutes a crime or misdemeanor, the statute of limitations set forth in the criminal code shall apply.

3. Decisions on complaints under paragraphs 1 and 2 may be appealed by the complainant and the person against whom the complaint is directed, each to the next higher authority.

4. For disputes concerning the employment relationship related to gender or sexual orientation, the provisions of the Cantonal Equality Act regarding Gender and Sexual Orientation (Cantonal Equality Act, CEQA) effective January 10, 2024, shall apply. A conciliation procedure shall be conducted.

1. Claims arising from the employment relationship become time-barred after a period of five years. Claims under the Liability Act are excluded from this.

2. The Executive Council may issue differing regulations in favor of the employees.

1. If the nature of the work requires, the employee may be obligated for the duration of the employment relationship to

a) establish their residence in the canton or in a specific area; or

b) occupy a service apartment.

1. Employees are prohibited from demanding, accepting, or allowing the promise of gifts or other advantages related to their employment, whether for themselves or for others.

2. Exempt from this prohibition is the acceptance of gifts of nominal value, as well as scientific and cultural awards.

1. Employees are obligated to maintain confidentiality concerning matters if there is a predominant public or private interest in keeping them secret, or if a specific regulation requires it.

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

3. ...

1. Employees are entitled to report grievances to the cantonal Ombudsman. Only reports made in good faith are permissible.

2. The governing council shall regulate the details.

3. Permissible reports do not violate the duty of confidentiality pursuant to § 19 of the Personnel Act and do not constitute a breach of official secrets as per Art. 320 of the Criminal Code.

4. Employees must not be disadvantaged in their employment relationship as a result of permissible reports.

1. The undertaking of secondary employment and the assumption of a public office are permissible if they do not impair the fulfillment of duties and are compatible with the official position.

2. They require approval by the appointing authority if

a) the fulfillment of duties could thereby be impaired,

b) the possibility of a conflict of interest exists,

c) working hours are utilized.

3. The appointing authority may impose conditions on the approval, particularly regarding the compensation of utilized working hours or the relinquishment of ancillary income.

1. Employees and job applicants may be required to undergo an examination by a designated trust physician.

1. Employees who are required to make or prepare a decision or order, or serve as a member of an authority, shall recuse themselves if they have a personal interest in the matter or if they could be biased for other reasons.

1. The government council regulates the working hours, their allocation, as well as rest and leisure time.

2. Employees may be required to work outside of regular operating hours and beyond the standard working hours, if the task requires it and insofar as it is reasonable with regard to health and family obligations.

3. The government council regulates the entitlement to compensation or remuneration for overtime work.

**1.** When employees violate their contractual or statutory duties or provide inadequate performance, the employing authority shall take appropriate measures to ensure the orderly fulfillment of tasks once again.

**2.** The employing authority may issue a written reprimand or order a change in the scope of duties at the same or a different workplace. In the event of a change in the scope of duties, the salary shall be adjusted according to the difficulty level of the new tasks.

1. If the orderly execution of duties is at risk, the appointing authority may order precautionary measures. In particular, it may, while maintaining the current salary entitlement, order a change in the area of responsibility at the same or another workplace, or grant a leave of absence.

2. All superiors are authorized to order urgent precautionary measures. The order must be promptly submitted to the appointing authority for approval.

1. In the event of inability to perform work due to sickness or accident, employees are entitled to continued payment of wages until they regain their ability to work, but no longer than until the termination of the employment relationship.

2. The Governing Council shall regulate wage entitlement in cases of inability to perform work due to pregnancy and maternity, as well as due to the fulfillment of statutory duties.

3. The obligation to continue wage payment is limited in cases where a third party's obligation to perform exists, to the part not covered by the third party. The Canton of Basel-Stadt shall assume the rights of the employee against the third party up to the extent of its benefits.

1. The employment relationship ends due to

a) Ordinary termination

b) Expiry of a fixed-term employment

c) Immediate termination

d) Termination by mutual agreement

e) Disability or prolonged work hindrance

f) Reaching the retirement age and transition into retirement

g) Death

h) Expiry of the term of office or premature termination of the employment relationship during the term of office

1. The notice periods for terminating the employment relationship after the probationary period are one month during the first year of employment and three months from the second year of employment for both contractual parties.

2. A longer notice period, but no more than six months, may be agreed upon in the employment contract.

3. Termination can occur at the end of any month, unless a specific termination date has been agreed upon.

1. Termination by the employee must be made in writing.

2. Termination by the employer is effected through a reasoned notice with instructions on legal remedies. The responsible authority is the employment authority.

1. Employees may terminate the employment relationship at any time by observing the notice periods and termination dates without providing any reason.

2. The employing authority may terminate the employment relationship after the probation period has expired,

a) if the employee is wholly or partially prevented from fulfilling their duties;

b) if the position is abolished and it is not possible to assign another position corresponding to the employee's education and abilities, or if the employee refuses to accept the new position.

c) if the employee performs inadequately;

d) if the employee repeatedly disregards contractual or legal obligations or has committed a serious breach of duty;

e) if the employee has committed a criminal act that, in good faith, is incompatible with the proper performance of their duties.

3. Termination by the employing authority under paragraph 2 letter c and in the case of repeated breaches of duty under paragraph 2 letter d can only be declared if the employee has been granted an adequate probationary period.

4. Termination of the employment relationship by the employing authority is inadmissible if it is based on proper task fulfillment and the enforcement of statutory or official orders or on activities as a representative of the employees’ interests.

1. Fixed-term employment contracts terminate without notice upon the expiration of the term. If the fixed-term employment contract is tacitly continued, it shall have the effects of an indefinite employment contract.

1. The employment relationship may be terminated by either party without notice if circumstances exist that, in good faith, make it unreasonable to expect the terminating party to continue the employment relationship.

1. The employment relationship may be terminated at any time by mutual agreement.

1. Upon the commencement of pension payments from the Swiss Federal Disability Insurance (Eidg. IV), or at the latest after 16 months of full or partial incapacity to work due to illness or accident, the employment relationship ends to the corresponding extent without notice.

2. In the event of the granting of a partial disability pension, the employment relationship must be adjusted to the new circumstances. If this is not possible, a retraining as per the Disability Insurance Act should be sought. If a reasonable retraining is refused, the employment relationship may also be completely terminated.

1. Unless otherwise agreed between the employer and the employee, the employment relationship generally ends on the last day of the month in which the employee reaches the age of 65.

2. Early retirement from age 58 or deferred retirement up to age 70 is possible. Retirement can also occur in partial steps.

3. In personnel, labor market, and financial policy exceptional situations, the government council may retire employees who have reached the age of 58 early. The employee’s retirement savings must be increased so that the same pension results as would be insured at age 65, including an interest rate of 1%. The employer reimburses the pension fund with the necessary one-time payment for this purpose.

4. If early retirement occurs by mutual agreement, the employer may make a one-time payment to the pension fund to increase the insured person's pension benefits. The competence lies with the government council.

5. For shift workers who retire at age 64 or earlier after the new pension fund law becomes effective and at the latest by 2036, the employer makes a one-time payment. This amounts to 17% of the average insured shift salary, multiplied by the full contribution years completed in the PKBS before January 1, 2008. The contribution years count starting at age 25 at the earliest. The average shift salary is calculated as the sum of the employers’ savings contributions paid on shift allowances since January 1, 2008, divided by 17% and the number of years since January 1, 2008. Any vested benefits are fully deducted for up to five years after the new pension fund law becomes effective and for an additional five years with a linearly declining percentage.

1. The employing authority shall determine a severance payment

a) in the event of termination due to inability to perform duties in accordance with § 30 para. 2 lit. a);

b) if the assignment of another area of responsibility in accordance with § 30 para. 2 lit. b) is not possible.

2. A severance payment may be agreed upon if the employment relationship is terminated by mutual consent.

3. The severance payment shall amount to a maximum of one year's salary. In exceptional cases, this severance payment may be increased to a maximum of two years' salary with the approval of the government council. The sum of the severance payment also includes any measures to support a professional reorientation.

1. In the event of incapacity to work due to illness or accident, a 365-day waiting period shall apply. Furthermore, the provisions of the Code of Obligations regarding termination at an inopportune time after the probation period shall apply mutatis mutandis.

1. If termination occurs during the probationary period, the employment relationship ends on the termination date. An appeal does not have a suspensive effect.

2. If the termination is wrongful, compensation of a maximum of three months' salary may be awarded.

1. The employment relationship terminates either in the event of an immediate termination of the employment contract or upon the expiration or termination date in the case of an ordinary dismissal.

2. If an employer's termination of the employment relationship is found to be unjustified, the employer shall offer the affected person either their previous position or a new role that corresponds to their training and abilities at the same location or a different workplace.

3. With the consent of the dismissed person, the government council may, in lieu of continued employment, provide compensation of up to two years' salary.

1. Orders according to §§ 24 and 25, as well as concerning termination, immediate dissolution of employment, and severance payments pursuant to § 36 para. 1 can be appealed to the Personnel Appeals Commission, and its decision can be appealed to the Administrative Court according to § 43. The appeal must be submitted in writing within 10 days following the delivery of the order. Additionally, a written statement of appeal must be submitted within 30 days, calculated from the same time. These deadlines are not extendable.

2. A decision on the withdrawal or restoration of the suspensive effect upon a party's request cannot be independently challenged through an appeal.

3. The employing authority can independently file an appeal with the Administrative Court against a decision of the Personnel Appeals Commission.

4. Legal protection before all appeal instances shall follow the principle of a swift and simple procedure. The procedure is free of charge, except in cases of frivolousness.

5. Subject to the regulations in this law, the provisions of the Organizational Law and the Administrative Procedure Act shall apply.

1. The government council appoints an independent Personnel Appeals Commission for its term of office, composed equally of representatives of both employers and employees, including a chairperson and at least two additional members as deputies. The members of the chairmanship possess legal training.

2. The chairperson of the Personnel Appeals Commission promptly takes the necessary measures for the conduct of the proceedings and submits the appeal to the authority that issued the contested decision for a response. Further exchanges of documents may be ordered in complex cases.

3. As a rule, the parties must appear in person for the hearing. The hearing is not public. However, the appealing party may be accompanied by a trusted person during the hearing. A party may be represented before the Personnel Appeals Commission upon a justified request if they are demonstrably unable to appear in person due to excusable reasons or if the matter is complex.

4. The Personnel Appeals Commission establishes the facts ex officio. It decides with full discretion, including considerations of appropriateness, with three members. The chairperson presides, while the other two members represent the employers and the employees, respectively.

5. The Personnel Appeals Commission makes its decision after a confidential deliberation. If it deems a termination or immediate dissolution of the employment relationship to be unlawful, it orders continued employment. The decision is orally announced to the parties with a brief justification.

6. After the hearing, a dispositive of the decision is sent to the parties. If an appeal is lodged against the decision with the administrative court, the written reasoning of the oral decision is subsequently provided.

7. After receiving the reasoned decision, which is provided by the Personnel Appeals Commission, the appellant must submit the grounds for appeal to the administrative court within 30 days. This deadline is non-extendable.

8. If the party that filed the appeal does not appear at the hearing without a valid excuse, the procedure is considered concluded and is closed.

9. In appeal proceedings concerning sexual harassment according to § 16 paragraph 2, the Personnel Appeals Commission acts as the investigating authority. Upon completing the investigation, it reports to the superior authority of the complainant and recommends any necessary measures. In the investigation procedure, both the complainant and the person against whom the complaint is directed have party status.

1. The Administrative Court is responsible for assessing appeals against decisions made by the Personnel Appeals Commission.

2. The Administrative Court decides on the appeal with three members in a simple and expeditious procedure. Generally, there is only a simple exchange of written submissions. In simple cases, the instructing member of the court may directly summon the parties to a hearing upon receipt of the appeal. The parties can, in any case, waive a hearing.

1.

a) The Law concerning the Employment Relationships of Officials and Employees of the Canton of Basel-Stadt as well as concerning the Liability of Authorities and the State (Civil Servants Act) of April 25, 1968, is hereby repealed.

1. Ongoing Disciplinary Proceedings shall be concluded in accordance with the provisions of the Civil Servants Act of April 25, 1968.

1. For employees who are not elected by the Grand Council or the public for a specific term of office, the term ends at the time this law comes into effect.

2. The employees receive public-law employment contracts. The Government Council may provide for a transition period.

1. This law shall be published; it is subject to a referendum.

2. The governing council shall determine the time of effectiveness after the entry into legal force.