1. État, peuple, Authorities » 17. Authorities » 173. Members of the Authorities, **Civil Servants and Employees** (STPG)

The public service is tasked with providing the public with the quality services to which it is entitled, implementing the policies established by the authorities, and ensuring the achievement of the other objectives of the State.

1 The purpose of this law is to establish the principles of policy and management of State personnel, as well as the rights and duties of employees who carry out their activities within the specific framework of public service.

2 This law applies to State employees, including cantonal administration staff and teachers, as well as magistrates.

3 It does not apply to the personnel of public law institutions.

4 It does not apply to apprentices or interns. The Government regulates their status as necessary by means of an ordinance.

5 The conclusion of mandate contracts is reserved.

**1 Employees engaged in a permanent activity are employed for an indefinite period.**

**2 Employees engaged in a temporary activity, notably for the purpose of replacements or special tasks, are employed for a determined period.**

**3 Subject to special legislation, hierarchical superiors are public officials to whom one or more employees report, notably heads of department or office, section heads, directors of public schools, and those whose job description so provides.**

1 Magistrates within the meaning of this law include

a) members of the Government;

b) judges and prosecutors as defined by the law on judicial organization;

c) the president of the Cantonal Tax Appeals Commission;

d) ...;

e) the general financial controller;

f) the secretary of Parliament.

2 Only Articles 21, 23, 25, 26, 27, 31, paragraph 1, 44, and 63 to 66i apply to members of the Government.

3 Provisions regarding the creation and termination of service relationships due to dismissal, as well as Articles 22, paragraph 4, 28, paragraph 3, 32, 46, paragraphs 1 and 2, 48, 49, and 67 to 70, do not apply to other magistrates.

4 Judges and prosecutors are subject to Article 65 and the following articles of the law on judicial organization.

5 Special legal provisions are reserved.

The terms used in this law to refer to persons apply equally to women and men.

1 The Government defines personnel policy, particularly regarding employment conditions, development, training, and information.

2 It consults with social partners.

The Government enforces equality between women and men in all areas of personnel management. It ensures that employees are able to balance professional and family life, particularly by promoting various forms of work schedule arrangements.

The Government takes measures aimed at promoting the integration of persons with disabilities.

1 The Government encourages the training of employees.

2 The Human Resources Department annually offers a training program.

The Government encourages internal mobility.

**The Government regularly informs the staff of the important decisions it makes.**

1 The Human Resources Department coordinates the implementation of personnel policy.

2 It issues the necessary application directives.

3 It provides support and advice to supervisory managers and employees.

1 Positions to be filled are generally subject to a public job posting.

2 A public job posting may be waived in particular in the following cases

a) for temporary positions with an expected duration of no more than one year;

b) for part-time positions, where the employment rate is 50% or less;

c) for redistributing among multiple persons within the administrative unit an available percentage resulting from a reduction in employment rate of 50% or less;

d) for shared teaching positions, insofar as the vacated position is offered to the second incumbent, provided that their employment rate is 50% or less;

e) for positions filled by internal transfer, provided that it does not result in an increase in salary, except within the same administrative unit for the reallocation of a rate not exceeding a redistribution of up to 20%.

3 In the cases mentioned in paragraph 2, letters a and b, an internal job posting may be conducted.

4 In the event of an unsuccessful public job posting, recruitment may be carried out through a call for candidates.

5 The Government determines, by ordinance, the procedure for job postings and recruitment.

1 The Constitution and the law determine the eligibility criteria and the election process for magistrates.

2 Any person may be employed who is

a) a Swiss national;

b) a foreign national with the exercise of political rights; or

c) a national of a country in the European Union (EU) or the European Free Trade Association (EFTA).

3 For foreign nationals who are not from an EU or EFTA country and who do not benefit from the exercise of political rights, the Government may authorize exceptions.

4 The hiring authority may require a candidate to demonstrate their probity, notably by providing a criminal record extract or any other useful document.

5 The requirements stipulated by special legislation are reserved.

1 The appointing authority determines the required profile for a position.

2 In the case of employment in a position requiring on-the-job training, permanent employment is contingent upon the acquisition of this training within a period agreed upon at the time of employment. If the qualification is not obtained, the employment relationship automatically terminates at the end of the agreed period, subject to an extension of this period by the appointing authority. If applicable, the extension remains contingent on the acquisition of the initially required training.

3 With regard to teachers, only individuals who are not subject to a withdrawal of teaching authorization or an equivalent measure imposed outside the Canton may be employed.

4 Furthermore, subject to the temporary engagement of teachers, only individuals possessing recognized qualifications may be employed for an indefinite period; paragraph 2 is reserved. The conditions are specified, as necessary, by ordinance.

1 Subject to special legislation and the following provisions, state employees are hired by the Government.

2 The Government may delegate, by ordinance, this hiring authority to department heads.

3 The hiring of temporary employees is governed by ordinance.

1 State employees are engaged through an administrative law contract.

2 The contract specifies in particular

a) the designation of the position;

b) the rate of occupation if the position is part-time;

c) the remuneration conditions;

d) the date of commencement of duties;

e) any specific obligations, if applicable.

The duties of the employee arise from the legislation. They are specified in a job description, prepared by the supervisor and reviewed regularly.

1 The employee may be employed for a fixed term.

2 A probationary period of up to three months may be stipulated. If, following an evaluation of performance, there is doubt about the employee's ability to fulfill their role, the probationary period may be extended for a maximum of three additional months. During the probationary period, either party may freely terminate the employment relationship in writing, subject to a notice period of 14 days to the end of a month.

3 For certain categories of employees, particularly those who begin their employment with training, the Government may, by ordinance, stipulate a probationary period of six months. Furthermore, paragraph 2 applies.

4 A fixed-term contract may be renewed. It may not be renewed more than twice unless there is an objective reason related to the position that opposes entering into a permanent contract; otherwise, it must be converted into a permanent contract.

1 The final commitment to a new position is preceded by a probationary period of six months. If, following an evaluation of performance, there is doubt about the employee's ability to fulfill their duties, the probationary period may be extended by a maximum of six months. During the probationary period, termination of employment may be given with a one-month notice period, effective at the end of a month.

2 The probationary period may be shortened or waived if the appointing authority deems it unnecessary.

3 If the employee has not been informed in writing about the termination of employment or the extension of the probationary period at least one month before its conclusion, the appointment is considered permanent.

1 The employee is at the service of the people.

2 He acts in accordance with the law and the interests of the State.

1 The employee is required to fulfill his obligations with diligence, competence, and efficiency, according to the rules of good faith.

2 The freedom of opinion is guaranteed to the employee. However, he must exercise the discretion imposed by his position.

2bis Any form of propaganda is prohibited within the scope of professional activities.

3 The employee cannot have a direct or indirect interest in a business which puts his personal interest in conflict with the duties of his position.

4 He complies with the instructions of his superiors.

5 He personally assumes responsibility for his service.

6 He assists his colleagues and cooperates with them. He replaces them when necessary.

7 The teacher provides instruction in accordance with the curriculum, educational programs, and the directives of the school authorities. He collaborates with parents and specialized institutions, taking into account their respective roles. He adapts his teaching to the evolution of knowledge and methods.

8 The teacher respects the opinions of his students and refrains from any form of propaganda and discriminatory acts towards them.

It is prohibited for the employee to solicit, promise for oneself or for others, or accept gifts and advantages related to the execution of their work.

1 Hierarchical superiors are required to report to the appointing authority responsible for their subordinates any punishable or harmful acts against the interests of the State committed by those subordinates in the performance of their duties.

2 An employee who is subject to criminal prosecution for a crime or misdemeanor likely to harm the State's activities or image must inform their hierarchy.

3 When, in the exercise of their duties, an employee becomes aware of facts constituting crimes and offenses prosecuted ex officio, they must report them to their hierarchical superior or department head. If the facts involve financial aspects, they may also address the Financial Control.

4 When, in the exercise of their duties, an employee becomes aware of other facts that appear suspicious or irregular, they have the right to report them to their hierarchical superior or department head. If the facts involve financial aspects, they may also address the Financial Control.

5 No one shall suffer any professional disadvantage for having, in good faith, reported an offense or announced an irregularity or for having testified or provided information.

6 If the matter falls under another authority administratively, the hierarchical superior, department head, or Financial Control shall inform said authority if sufficient interest justifies it. In the event of serious harm to the community's interests, they are obliged to do so.

7 The provisions of the Code of Criminal Procedure, those establishing a qualified duty of secrecy, as well as professional secrecy within the meaning of Article 321 of the Swiss Penal Code, remain unaffected. The same applies to other special provisions regarding data communication.

8 The present provision does not apply to matters that fall under the routine tasks of the administrative unit. Article 95 is also reserved.

1 It is prohibited for the employee to disclose facts of which they have become aware in the course of their work and which must remain confidential due to their nature, circumstances, or special instructions.

2 Within the same limits, it is prohibited for them to communicate to third parties or retain personally, beyond the needs of the service, professional documents in original or copy.

3 These obligations remain in effect after the termination of the employment relationship.

**1. An employee may not appear in court as a party, witness, or expert regarding facts they have become aware of through their work and which must remain confidential by their nature, circumstances, or special instructions unless they have written authorization. This authorization remains necessary even after the termination of employment.**

**2. The competent authority to grant this authorization and, more generally, to lift the obligation of confidentiality is:**

a) The Government for members of the Government and the Chancellor;

b) The Judicial Oversight Council for judges within the meaning of the judicial organization law;

c) The Bureau of Parliament for other magistrates;

d) The department head for employees.

**3. Authorization may only be refused if an overriding public interest requires it. If necessary, the authority can specify the points on which the employee's testimony must focus.**

**4. The same rules apply to the submission of official documents in court and the issuance of certificates.**

**5. The provisions of special legislation remain reserved.**

The employee must refrain from any action in the cases of disqualification provided for by the Administrative Procedure Code.

1 The employee shall use with care the equipment and work instruments provided by the employer for performing their duties.

2 The Government shall determine the limits within which these instruments may be used for personal purposes.

3 The employee must allow their hierarchical superior to access professional documents, including those in digital form.

4 ...

**1 The hierarchical superior determines the organization of the work by defining expectations in terms of assignments, tasks, and objectives, and by providing subordinates with the necessary instructions so they can plan and organize their activities.**

**2 The hierarchical superior ensures regular monitoring of the personnel under his/her supervision and controls the proper execution of the work.**

**3 He/she is responsible for actions carried out in accordance with the instructions he/she has given.**

**4 He/she regularly informs the personnel of important decisions related to the service's activities, notably by holding meetings.**

1 The employee shall immediately inform their superior of any absences. They are required to provide justification for such absences.

2 An employee who is unable to work due to health-related reasons must submit a medical certificate starting from the fourth day of absence. In instances of repeated absences or suspected abuse, the Human Resources Department may require a medical certificate from the first day of absence. It may also mandate an examination by a medical advisor appointed by them.

**1 The employee may not engage in any secondary occupation that is incompatible with the performance of their duties or that damages the image of the State.**

**2 Any remunerated secondary activity is subject to authorization.**

**3 The Government regulates, by ordinance, the conditions for engaging in a secondary occupation. It may delegate the authority to grant the authorization to the Human Resources Department.**

**4 Articles 12 and 49 of the Judicial Organization Act are reserved.**

1 The employee regularly has a development and evaluation interview with their department head or the hierarchical supervisor designated by the latter.

2 The development and evaluation interview focuses on reviewing the past period in terms of knowledge, skills, professional effectiveness, and work behavior.

3 This interview also serves to set objectives for the upcoming period, as well as the necessary support measures, notably training.

4 The employee has access to their personal file.

5 In education, the hierarchical supervisors responsible for conducting this interview are designated by the Department of Education, Culture, and Sports.

1 When the needs of the service require, the employee may be required to reside in a locality close to the workplace.

2 The employee may be required to occupy the housing assigned to them by the employing authority.

3 The employee may be required to wear a uniform.

4 The Government determines the categories of employees subjected to such obligations.

1 In collaboration with social partners, the Government develops a public service charter that binds the State and its employees.

2 The purpose of the charter is to specify the rights and duties of State employees as provided for in this law.

1 The Judges Make the Solemn Oath Before Parliament

2 Subject to special legislation, the Government shall, by ordinance, define the positions for which officeholders must make the solemn oath, as well as the text of the oath and the authority before which it is administered.

1 The Parliament establishes the conditions under which the right to salary and allowances arises and terminates.

2 It also determines the terms of this right in the event of illness, pregnancy, accident, disability, leave, military service, or any other circumstance resulting in the employee's temporary inability to perform their duties.

The salary can only be offset against an amount owed to the State due to service relations to the extent that the wage is garnishable; claims arising from damage caused intentionally can be offset without restriction.

Legal contributions to social insurance are collected by default.

1 In the event of a non-faulty inability to work resulting from illness or accident, employees' salaries are paid as follows, according to the degree of incapacity incurred

a) at 100% from the 1st to the 30th day of incapacity;

b) at 90% from the 31st day to the 730th day of incapacity.

2 The Government may enter into a loss of earnings insurance for the employees. If such insurance is concluded, daily allowances are acquired by the employer, subject to the termination of employment relationships. In the event of termination of employment relationships, daily allowances are directly paid to the insured by the loss of earnings insurance.

3 In the case of self-insurance, the State continues to pay benefits directly up to the 730th day of incapacity, regardless of any possible termination of employment relationships and subject to the benefits provided by social insurance.

4 The Government shall determine the employees' contribution to the financing of the benefits provided in this article.

5 It shall regulate, by ordinance, the terms of application of this article.

1 Any employee unable to work must validly submit a claim for benefits to the Invalidity Insurance Office and the Pension Fund of the Republic and Canton of Jura, no later than six months after the start of their inability to work.

2 The Human Resources Service shall communicate, at all times, the situations of employees who are unable to work to the early detection service of the invalidity insurance.

When the inability to work results from an intentional fault or gross negligence by the employee, the benefits set forth in Article 39 are reduced or eliminated in the same proportion as applied by any insurance.

When the inability to work results from the intentional fault or negligence of a third party, the employer is subrogated to the rights of the employee up to the amount of the benefits provided.

The method of remuneration as well as the classification are regulated by decree.

The Parliament regulates insurance against the economic consequences of death, old age, and disability, in coordination with other welfare institutions for personnel.

1 The Government regulates the organization of working time.

2 It may decide to annualize certain schedules.

3 It establishes forms of working time arrangements that allow for the reconciliation of service requirements and employee needs, such as part-time work, remote work, flexible scheduling, or additional unpaid leave.

4 The modalities of execution are regulated by ordinance.

5 By decision, the Government may derogate from certain provisions of this law to authorize pilot projects in the organization of working time, under the following cumulative conditions

a) the duration of the pilot project cannot exceed two years;

b) it is limited to certain administrative units or certain employees thereof;

c) it is established in agreement with social partners;

d) the concerned employees consent to it;

e) a written agreement formalizes the applicable modalities.

**1 The maximum weekly working time for the personnel of the cantonal administration is 40 hours.**

**2 The Government is authorized to set a lower weekly working time, in agreement with personnel associations and unions, within the limits stipulated in Article 96, paragraph 3. The content of the agreement must be approved by Parliament.**

**3 The working time of a full-time teacher corresponds to that of a full-time employee of the cantonal administration.**

**4 The workload of the teacher includes actual teaching and related tasks, such as liaising with parents and school-related services, participation in activities organized within the school framework, as well as professional development.**

**5 The Government determines the number of weekly periods for each category of teachers, particularly based on the level of education.**

**6 If necessary, the Government may provide, as appropriate, a reduction in the program or additional remuneration when an employee is entrusted with a particular task or specific duty in the interest of the State.**

1 The personnel of the cantonal administration is required to perform the credited hours that the service may demand, which are those carried out between 8:00 PM and 6:00 AM, on Sundays, bridging days, as well as public holidays; they may be subject to a special schedule.

2 The Government shall regulate, by means of an ordinance, the method of compensating the credited hours.

1 The Government determines, by way of ordinance, the duration of the vacation to which employees are entitled, which shall be a minimum of 20 working days, as well as the method of reducing vacation time in cases of inability to work. The minimum vacation entitlement for employees aged 50 and over is set at 25 working days.

2 Teachers are entitled to a corresponding vacation period. However, these vacations are to be taken during school vacation times.

3 Employees are entitled to public holidays and major holidays as defined in the cantonal law on official public holidays and Sunday rest.

4 The Government determines, by way of ordinance, the duration of the leave to which employees are entitled, including the duration of maternity, paternity, and adoption leave.

The Government may provide special provisions regarding working hours and vacations for employees over the age of 50.

1 The employee has the right to hold one or more public offices, provided they are compatible with their position.

2 Depending on the significance of the public offices held, the employee may devote a maximum total of 15 working days per year to them without a reduction in salary. If holding the office requires a longer absence, the Government is empowered to decide on a case-by-case basis. In such instances, the Government may establish an appropriate salary reduction or impose an obligation to contribute a portion of the compensation received for holding the public office.

3 The Government shall regulate the detailed procedures by ordinance.

4 Provisions regarding incompatibilities are reserved.

5 The Government shall regulate, by ordinance, the conditions for holding public offices, particularly concerning the coverage of expenses incurred in exercising this right.

1. The employee may request unpaid leave to fulfill a mission of public interest or for any other significant reason.

2. The leave may be granted by the Government or by the authority designated by it.

3. The Government shall regulate the conditions of such leave by way of ordinance.

During their first year of employment, employees are provided with support, including educational support for teachers.

1 The employee has the right and duty to improve their skills.

2 The department head or superior officer may require an employee to attend training courses.

3 The Government regulates, by decree, the terms of coverage. For teachers, these courses generally take place half during school hours.

1 The State ensures the protection of the personality of its employees.

2 It takes the necessary measures to prevent any discrimination among employees, particularly concerning gender, race, culture, origin, belief, and lifestyle.

3 It provides employees with individual assistance or counseling services from health professionals in case of difficulties related to their professional situation.

4 It takes the necessary measures to prevent occupational accidents and diseases, as well as to protect health.

5 Furthermore, it takes measures to ensure the protection of personal data.

1 The Government establishes a trust group, composed of mediators who are available to employees encountering difficulties at their workplace, for confidential listening and conflict resolution. It may assign this task to State employees or mandate an external Swiss partner, public or private.

2 As necessary, employees are authorized to disclose to members of the trust group the facts related to the difficulties encountered and to produce documents, even if these facts or documents are subject to official secrecy and may contain personal data, including sensitive data.

3 The members of the trust group delete all data in their possession after the completion of their task.

4 Any person collaborating, in any capacity, within a mandated external partner, who may become aware of the content of the facts and documents mentioned in paragraph 2, is subject to official secrecy and to cantonal data protection legislation.

5 With the agreement of the employees who have sought their assistance, the members of the trust group may communicate to the Human Resources Department the mediations that have failed and the situations that, in their opinion, require intervention.

The employer takes the necessary measures to ensure the protection of employees against threats or attacks related to the performance of their duties.

When an employee is harmed, in the performance of their duties, by an offense committed against them or when they themselves are the subject of a complaint, the Government may grant them legal assistance, based on the circumstances.

1 The freedom of association and the right to strike are guaranteed in accordance with the Constitution of the Republic and Canton of Jura.

2 Any strike must be preceded by a notice.

3 In the event of a strike, no remuneration is paid for hours not worked.

4 The lawful participation of an employee in a strike cannot lead to any action against them, nor constitute grounds for dismissal.

5 A minimum service must be ensured, particularly in the sectors of obligatory school education, police, prison, courts, public works, healthcare, and information technology. The Government regulates the conditions by means of an ordinance.

Employees are consulted by their superior in all important matters concerning them.

1. The inventions of an employee and the designs they have created, or in the development of which they have participated, during the performance of their work and in accordance with their obligations, belong to the employer, whether or not they can be protected.

2. By written agreement, the employer may reserve a right over the inventions the employee has made and the designs they have created during the performance of their work but outside of their job description.

3. The employee who has made an invention or created a design within the meaning of paragraph 2 shall notify the Government in writing; the Government shall inform him in writing within six months whether it intends to acquire or leave the invention or design to him.

4. If the invention or design is not left to the employee, the employer may grant them a special equitable remuneration, taking into account all the circumstances, including the economic value of the invention or design, the collaboration of the employer and their auxiliaries, the use that has been made of their facilities, as well as the expenses of the employee and their situation.

5. The above provisions apply by analogy to works created by the employee.

The employee may request at any time

a) a work certificate detailing the nature and duration of the employment relationship, as well as the quality of their performance, their conduct, and their abilities;

b) a work attestation detailing only the nature and duration of the employment relationship.

1 The employee of the cantonal administration submits their request to the Human Resources Department.

2 The teacher submits their certificate request to the administration of the school district or the division of the relevant Post-Compulsory Education Service. When requesting a certificate, they may submit their application directly to the Education Service or the Post-Compulsory Education Service.

**1 For employees of the cantonal administration, the Human Resources Service and the employee's hierarchical superior or the head of the administrative unit jointly prepare and sign the certificate or attestation.**

**2 For teachers, the certificate is prepared by the leadership of the school district or division of the relevant Post-Compulsory Education Service and transmitted, with their signature, to the Education Service or the Post-Compulsory Education Service for validation and co-signature by the head of the relevant administrative unit. The attestation is prepared and signed by the Education Service, or by the Post-Compulsory Education Service, respectively.**

**3 The Education Service and the Post-Compulsory Education Service, in collaboration with the Human Resources Service, issue the work certificates and attestations for members of school administrations or divisions of the Post-Compulsory Education Service.**

**4 The request is processed within 15 days, whenever possible.**

1 The State is liable for damage unlawfully caused to a third party by an employee in the performance of their duties.

2 The injured party has no claim against the employee.

3 The action for damages is subject to a statute of limitations of three years from the day the injured party became aware of the damage, and in any case, ten years from the day the harmful act occurred or ceased. In cases of death or bodily injury, it is subject to a statute of limitations of three years from the day the injured party became aware of the damage and, in any event, twenty years from the day the harmful act occurred or ceased.

4 When a third party claims damages, the State shall immediately inform the employee.

5 When it is required to compensate for the damage caused, the State has a right of recourse against the employee who committed a fault either intentionally or through gross negligence, even after the termination of the employment relationship. The action is subject to a statute of limitations of three years from the day the State's liability was recognized by judgment, settlement, acknowledgment, or in another manner.

1 The employee is liable to the State for any damage he directly causes by intentionally or grossly negligently violating the duties of his position.

2 The State may require the employee to obtain liability insurance for damages he may cause in the course of performing his duties.

1 When multiple employees have jointly caused damage, they are liable to the State in proportion to their fault.

2 The provisions of Articles 41 and following of the Code of Obligations apply to the remainder of the situation.

1 The provisions of federal and cantonal criminal laws are applicable to criminal proceedings initiated against an employee for breach of duty in their office.

2 Members of the Government, judges, and prosecutors can only be subject to criminal proceedings for breach of duty in their office with the authorization of Parliament.

1 State bodies are not authorized to record and analyze personal data concerning State employees related to the use of their IT and telecommunication resources, or those whose operation they have delegated, unless the pursuit of the objectives provided for in articles 66c to 66i requires it.

2 The processing of data within the meaning of this section may also involve sensitive data.

Computer and telecommunications resources include all fixed or mobile equipment that can record personal data, in particular

a) computers, network components, and software;

b) data carriers;

c) telephone devices;

d) printers, scanners, fax machines, and photocopiers;

e) time-tracking systems;

f) systems for monitoring facilities at the entrance and within premises;

g) geolocation systems.

State organs may record personal data related to the use of their information technology and telecommunication resources for the following purposes

a) all personal data, including those related to the content of electronic messaging, to ensure their security (backup copies);

b) data resulting from the use of information technology and telecommunication resources

– to maintain the security of information and services;

– to ensure technical maintenance of information technology and telecommunication resources;

– to monitor compliance with usage directives and regulations;

– to trace access to files;

– to allocate costs to each accounting unit;

c) data concerning employees' working hours, to manage staff working time;

d) data concerning the presence of individuals in State premises as well as entries and exits, to ensure security.

The recorded data may be analyzed without relation to individuals for the purposes mentioned in Article 66c.

The recorded data may be analyzed in relation to individuals but in a non-nominative manner, when the analysis is conducted by sampling and for the following purposes

a) to monitor the use of information technology and telecommunications resources;

b) to monitor staff working hours.

1 The recorded data may be analyzed in relation to individuals and on a nominative basis for the following purposes

a) to elucidate a concrete suspicion of misuse or to pursue a case of misuse, provided that informational, organizational, and technical measures for preventing misuse do not suffice to remedy it;

b) to analyze disruptions to IT and telecommunication resources, to remedy them or to counteract concrete threats they may face;

c) to provide essential services;

d) to record services rendered and to invoice them;

e) to monitor the working time of specific individuals.

2 A nominative analysis of personal data may only be conducted if cumulatively

a) it is ordered by

1. the Government, if the data concerns a member of the Government, the chancellor, or if it is not possible to identify the administrative unit;

2. the head of department, if it pertains to monitoring the data of one or more employees within a specific administrative unit;

3. the Judicial Oversight Council, if the data concerns a magistrate as defined by the law on judicial organization;

4. the Parliamentary Bureau, if it concerns another magistrate;

5. the head of the Human Resources Department in case of monitoring an employee's working time;

b) it follows a written notification to the concerned individual, if they can be identified.

3 Depending on the circumstances, the authority referred to in paragraph 2, letter a, may waive a retrospective nominative analysis and instead notify the concerned employee or employees that a nominative analysis will be conducted at a future date within a specified timeframe.

4 Furthermore, the President of the Government may provisionally order urgent necessary measures, which may involve a nominative analysis of personal data, to ensure the protection of the State's IT and telecommunication resources, particularly in the event of a cyberattack.

The Government shall take the necessary informational, organizational, and technical measures to prevent abuse.

The Government regulates, in particular

a) the registration, retention, and destruction of data;

b) the processing procedure;

c) access to data;

d) technical and organizational measures aimed at ensuring data security.

Furthermore, the legislation concerning data protection and transparency applies.

1 The employee may be transferred to a vacant position

a) if they request it;

b) when the organization or rationalization of tasks requires it;

c) when their abilities no longer meet the requirements of their position.

2 The Government shall determine, by ordinance, the procedure applicable to internal mobility.

1 Upon the employee's request, a voluntary transfer may occur to a vacant position of equivalent or lower level than the one currently held.

2 The transferred employee acquires the status pertaining to the new position. They are compensated according to the classification applicable to the latter.

1 In the event of reorganization or streamlining of duties within the administration or public schools, the employee may be transferred to a position that is generally of an equivalent level to the one they previously held.

2 The transferred employee is, in principle, entitled to retain their nominal salary for the same level of employment.

3 If the position assigned to the employee is evaluated lower, their nominal salary for the same level of employment is maintained for two years. During this period, their salary is not indexed for inflation and no increase is granted as long as their salary exceeds the amount they would be entitled to based on the classification of the newly occupied position. At the end of the period, the salary is adjusted in accordance with the classification applicable to the new position.

4 An employee aged 60 or over, who has held their position for at least five years and is transferred to a lower-evaluated position, benefits from maintaining their nominal salary for the same level of employment for a maximum of five years. The salary is not indexed for inflation and no increase is granted to the employee as long as their salary exceeds the amount they would be entitled to based on the classification of the newly occupied position. At the end of the five-year period, the salary is adjusted to align with the classification applicable to the new position occupied.

1 When, despite measures taken to improve their performance or services, an employee's abilities no longer meet the requirements of their position, they may be assigned to a vacant post.

2 The Government decides on the transfer based on a report prepared by the Human Resources Department, or respectively, the Education Department or the Post-Compulsory Training Department.

3 The transferred employee acquires the status pertaining to their new position. They are remunerated according to the classification applicable to the latter.

Service relationships terminate by

a) death;

b) retirement;

c) disability or the expiry of 730 days of incapacity for work, based on the degree of incapacity still suffered;

d) failure to obtain the required qualification;

e) mutual agreement for termination;

f) resignation;

g) dismissal due to job elimination;

h) expiration of the contract, only in the case of a fixed-term employment;

i) ordinary dismissal;

j) extraordinary dismissal.

The employment relationship automatically ceases on the day of death.

1 The employee is, in principle, automatically retired at the end of the month during which they reach the age specified by the Federal Law on Old Age and Survivors' Insurance (LAVS) for the entitlement to a basic old-age pension.

2 The Government may deviate from this age limit in exceptional cases and with the employee's agreement, particularly when their replacement proves difficult and a vacant position would be detrimental to the proper functioning of the State.

1 For teaching staff, the service relationships automatically terminate at the end of the school semester closest to the date on which the age mentioned in Article 73, paragraph 1, is reached. In the event of an agreement between the teacher and the hiring authority, and with notice from the Department of Education or the Department of Post-Compulsory Education, the termination of service relationships may be postponed until the end of the following school semester at the latest.

2 The service relationships of police force members automatically terminate on the last day of the month in which they reach the age of 60.

The employee may take early retirement under the conditions of the Pension Fund Act of the Republic and Canton of Jura.

1 In lieu of an ordinary dismissal, due to job elimination or following a reorganization of the administrative unit, the appointing authority may offer the employee early retirement, either full or partial, provided that it complies with the conditions set out by the legislation concerning the Pension Fund of the Republic and Canton of Jura.

2 In this case, the authority grants a severance payment in the form of a lump sum, equivalent to a maximum of nine months' salary.

The Parliament may, by way of decree, adopt temporary or permanent measures to encourage voluntary retirement before the standard retirement age.

1 In the event of partial or total incapacity for work, the service relationship shall automatically terminate upon the expiration of 730 days of incapacity for work, for the degree of incapacity still suffered, according to the meaning of Article 39.

2 If it is likely that the employee may recover total or partial work capacity at the end of this 730-day period, the appointing authority may extend the service relationship.

3 In the event of partial or total disability of the employee recognized by the competent pension institution, the employment relationship shall automatically terminate to the extent of the degree of disability as soon as said institution begins to pay a disability pension.

4 In the event of partial disability, the contract shall be adjusted accordingly. If the employee is no longer able to perform their previous duties, another position corresponding to their abilities shall be offered. If this is not possible, the contract shall be terminated with due regard to the notice periods provided in Article 79.

Service relationships terminate automatically if the certification validating a required on-the-job training is not obtained within the agreed or extended timeframe, pursuant to Article 15, paragraph 2.

1 The notice period is, for both parties, one month during the first year, and then three months from the second year of service.

2 Notice may be given to end at the end of each month for cantonal administration staff and at the end of a school semester for public school teachers.

Service relationships may be terminated by mutual agreement for a chosen term and according to terms agreed upon between the parties.

1. The employee may resign, subject to compliance with the notice periods provided for in Article 79.

2. The resignation is notified to the appointing authority or the body designated by it.

3. The latter may accept a resignation given within a shorter period.

1 If the employment relationship has lasted at least three months, the employing authority cannot terminate the contract unless it involves extraordinary dismissal

a) while the employee is performing mandatory civil or military service, or in civil protection, under federal legislation, while serving in a Red Cross service, or during the four weeks preceding and following such service, provided it lasted more than eleven days;

b) during a total or partial work incapacity resulting from illness or an accident not attributable to the employee's fault, this lasts for 30 days in the first year of service, 90 days from the second to the fifth year of service, and 180 days from the sixth year of service onward;

c) during pregnancy and during maternity and breastfeeding leave for a maximum of twenty weeks following childbirth;

d) while the employee is participating, with the employer's consent, in foreign aid service ordered by a federal authority.

2 Notice given during one of the periods outlined in the previous paragraph is void; if notice was given before one of these periods and the notice period has not expired before this period begins, the period is suspended and continues only after the period ends.

3 When the employment relationship has to end on a specific date, such as the end of a month or a work week, and this date does not coincide with the end of the notice period that has resumed, the period is extended until the next term.

1 When an employee's position is abolished and it is not possible to find them a similar job matching their profile within the administration or a public school, or if they refuse it, the employee may be dismissed, subject to a notice period of six months.

2 In the case of a fixed-term contract, dismissal due to job abolition is possible only under exceptional circumstances and if this option has been reserved in the contract, which must exhaustively list the applicable reasons.

3 If a new position is assigned to the employee, the rules regarding internal mobility apply.

4 The Human Resources Department supports the dismissed employee in finding new employment. If necessary, it makes proposals to the Government for a decision.

1 The Government grants compensation to an employee whose position is abolished in whole or in part, provided that the employee has not refused a similar position corresponding to their profile.

2 The amount of compensation is equivalent to

a) one month’s salary if the employee can justify at least one year of service;

b) 3 months’ salary if the employee can justify at least 5 years of service;

c) 4 months’ salary if the employee can justify at least 8 years of service and is at least 35 years old;

d) 5 months’ salary if the employee can justify at least 12 years of service and is at least 40 years old;

e) 6 months’ salary if the employee can justify at least 15 years of service and is at least 45 years old.

3 When the employee is eligible for early retirement under the Pension Fund law, the amount of compensation is equivalent to

a) 3 months’ salary if the employee is at least 61 years old;

b) 4 months’ salary if the employee is at least 60 years old;

c) 5 months’ salary if the employee is at least 59 years old;

d) 6 months’ salary if the employee is at least 58 years old.

4 The Government may increase the amount of compensation in cases of hardship, particularly depending on the employee's reclassification difficulties. In no case can the compensation exceed 12 months.

5 The compensation is paid as a lump sum. It is due when the service relationship ends or when the reduction in working hours becomes effective. In the latter case, the amount is paid on a pro-rata basis of the reduced working hours.

Subject to Article 19, paragraph 4, the fixed-term contract automatically ends unless a new contract is concluded.

Service relationships may be freely terminated by either party, in writing, subject to the notice periods provided for in Articles 19 and 20.

1 After the end of the probationary period, the employing authority may terminate the employee's contract for justified reasons by adhering to the notice periods stipulated in Article 79.

2 This condition is met in particular in the following cases

a) violation of significant legal or contractual obligations;

b) deficiencies in performance or behavior;

c) insufficient skills or abilities to perform the work agreed upon in the contract or required by the position, or the employee's unwillingness to accomplish this work;

d) failure to satisfy one of the employment conditions set forth in the law or in the employee's employment contract. Article 78a concerning automatic termination is reserved.

3 Termination may be pronounced by the employing authority if the employee has been formally informed of the alleged actions or shortcomings and there is no sufficient improvement after a reasonable period. For employees whose skills are in question, the possibility of transfer is reserved.

4 The employing authority notifies the termination with an indication of the reasons and legal remedies, after allowing the employee to exercise their right to be heard.

5 When a termination is declared without justified reasons by the appeal authority, the employee is generally maintained in their position. However, if the employment relationship has effectively ended and reintegration of the employee would present significant difficulties, the employee may claim compensation of six to twelve months' salary instead of reintegration. Additionally, under the same conditions, the employing authority may officially declare non-reintegration and grant compensation of six to twelve months' salary.

6 Rights concerning insurance and pension institutions are reserved.

The authority may not initiate the dismissal procedure more than one year after the discovery of the facts and, in any case, no more than ten years after the events occurred.

1 During the notice period, the employing authority may relieve the employee from the obligation to work, especially when performing the activity until the end of the service relationship is not expedient.

2 Salary is due until the end of the contract. Any remaining balances of hours and vacation are considered compensated during the termination period and do not give rise to remuneration.

3 Article 92 is reserved.

1 The appointing authority may, at any time, terminate the employment relationship without notice for just cause.

2 Just cause is deemed to include all serious circumstances which, according to the rules of good faith, do not allow for the continuation of the employment relationship until the end of the notice period.

2bis The application to the conciliation authority and the appeal against a decision of extraordinary dismissal do not have a suspensive effect.

3 When an extraordinary dismissal is declared by the appeals authority to lack just cause, Article 87, paragraph 5, shall apply by analogy.

The appointing authority and the appeal authority may pronounce an ordinary dismissal in place of an extraordinary dismissal, if the circumstances justify it, and vice versa.

1 The appointing authority may provisionally suspend an employee who compromises the proper functioning of the administration or the school.

1bis In the event of suspension, the hierarchical superior, in collaboration with the Human Resources Service, the Information Technology Service, or the Infrastructure Service, shall take all necessary measures, particularly concerning

a) access to the employee’s email or any other professional tool, including blocking or redirecting them;

b) the employee’s telephone access, including blocking or redirecting this access;

c) the return of keys, the company vehicle, the professional phone, or any other tools or instruments provided to the employee by the State.

2 If the alleged facts appear to constitute a serious breach of service duties, the suspension of activity may be accompanied by suspension of salary. The employee remains affiliated with the insurance and the pension institution.

3 If the suspension subsequently proves to be unjustified, the employee is entitled to the salary from which they were deprived.

4 An appeal against a suspension decision does not have a suspensive effect unless the appeals authority decides otherwise, either ex officio or upon request.

1 There is established a conciliation authority, composed of seven members, namely three representatives designated by social partners, three representatives designated by the Government, and a president chosen by these six members from outside their group.

2 The president of the conciliation authority must have a background or experience in legal matters or human resources.

3 The president cannot be selected from among individuals subject to the state personnel statute, nor from among the deputies and deputy substitutes of the Parliament.

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1 The conciliation authority operates in a joint composition of two members plus the president.

2 The president appoints two other members to sit for each case.

1 All final decisions within the meaning of the Administrative Procedure Code relevant to the application of this law and its implementing provisions, excluding disputes related to remuneration or to a function evaluation procedure, may be subject to a request to the conciliation authority. Provisional measures and other preliminary and incidental decisions, in particular, are not subject to the conciliation authority.

2 The request must be submitted in writing to the president of the conciliation authority within a period of 30 days from the notification of the decision. Failing this, the decision becomes enforceable and can no longer be contested later.

3 The opposition procedure is excluded.

4 In cases where the path of administrative action is available, the filing of a request with the conciliation authority constitutes lis pendens.

1 The procedure before the conciliation authority is mandatory.

2 The submission of the request to the conciliation authority is a prerequisite for any subsequent appeal or action before the administrative jurisdiction bodies.

3 The parties and the authority that rendered the decision may waive it. The conciliation authority then records the failure of the conciliation and grants the authorization to proceed to the requesting party.

1. The requesting party must appear personally before the conciliation authority. They may be assisted by a person of their choice.

2. In the event of the default of the requesting party, the request shall be considered withdrawn, the proceedings will become moot, and the case will be struck off the record.

3. In the event of the default of the requested party, the failure of conciliation shall be recorded, and the conciliation authority will issue the authorization to proceed.

4. In the event of default by both parties, the proceedings become moot, and the case is struck off the record.

1 The conciliation authority hears the parties, after having given the requested party an opportunity to briefly express their position in writing.

2 The statements of the parties and any third parties do not appear in the conciliation report.

3 If the parties reach an agreement, it is recorded in the report, which is signed by the parties. The agreement is considered a judicial settlement.

4 In the event of a failure to conciliate, the conciliation authority notes this in the report and issues authorization to proceed.

5 The procedure before the conciliation authority is free of charge. The conciliation authority does not award costs.

6 The granting of legal aid remains reserved. The president of the conciliation authority is competent to rule on the application.

7 Additionally, the Administrative Procedure Code applies.

1 Decisions submitted to the conciliation authority may be appealed to the Administrative Court of the Cantonal Tribunal within thirty days following the issuance of the authorization to proceed.

2 The provisions of the Administrative Procedure Code apply in cases where the conciliation procedure is excluded.

3 A person whose application for a position has been rejected cannot demand that a decision subject to appeal be issued. The provisions of the Federal Act on Gender Equality are reserved.

1 Any employee who believes they have been subjected to illegal or improper treatment by their superiors, subordinates, or colleagues may submit a written complaint to their department head.

2 The department head shall address the filed complaints. The submission of a complaint does not entitle the complainant to a decision, except in cases where there is an alleged infringement of personal rights as defined in Article 56 of the current law, particularly discrimination. In all cases, the complainant shall be informed of the outcome of their submission.

3 When the employment relationship no longer exists or when the complaint becomes irrelevant, the complaint may be dismissed without further action.

4 Other legal remedies provided by legislation remain reserved.

1 The State recognizes as partners the coordination of unions of the public service of Jura (CDS), staff associations, and unions.

2 The Government consults the partners on all matters of general interest to the staff.

3 Within the limits of legislation and budgetary availability, the Government negotiates with the partners the following elements

a) the employment conditions and the remuneration of public service staff;

b) the duration of work;

c) job eliminations, insofar as they result in layoffs or a modification of working conditions.

4 By negotiation, the parties understand the exchange of their points of view with the aim of reaching an agreement.

5 The negotiation of issues specific to a sector is the responsibility of the organization or organizations representing that sector.

1. An employee engaged by the State for a duration of at least one year at a rate exceeding 50% is called upon to optionally remit an annual support contribution in favor of the CDS.

2. The contribution is used to finance part of the administrative costs of the CDS as a recognized partner within the meaning of Article 96.

3. The contribution is automatically deducted from the salary. It is presumed accepted unless the employee expressly declares their refusal.

4. The implementing provisions set the amount and method of collection of the contribution, as well as the deadline and form for the declaration of refusal.

Pending proceedings at the time of the coming into force of this law, including terminations, disciplinary investigations, and suspensions, remain subject to the former law. No disciplinary sanction may be imposed from the time this law comes into force.

1 Employees of the Canton of Bern, within the meaning of Bernese personnel legislation, who hold a permanent position, have the right to be employed by the Jura State without a public job posting on the date of the transfer of the commune of Moutier, provided they meet the following cumulative conditions

a) They have been domiciled in Moutier continuously between March 28, 2021, and the day before the date of the commune's transfer;

b) They have been employed continuously by the Canton of Bern between March 28, 2021, and the day before the date of the commune's transfer, either in a unit located in Moutier or in a unit that was located there on March 28, 2021, but has been reorganized or relocated by the Canton of Bern due to the commune's transfer;

c) They express their wish in the stipulated time and manner.

2 This guarantee of reassignment does not apply to

a) Prosecutors;

b) Teachers;

c) Employees whose position is transferred within the meaning of Article 98f.

3 The guaranteed employment rate with the Jura State is that which existed with the Canton of Bern on the eve of the commune's transfer date.

4 The retention of an identical position, function, or activity within the Jura State is not guaranteed. Consideration is given, insofar as existing positions allow, to the wishes and profile of the concerned person as well as to the position held within the Canton of Bern. There is no guarantee concerning the place of assignment.

5 Employees with a fixed-term position may, if they meet the conditions mentioned in paragraph one, benefit from the same guarantees until the expiration date of their engagement within the Canton of Bern.

1. Upon commencement of duties, the employee benefiting from the transfer is subject to the status arising from the Jura State's personnel legislation. The appointing authority is defined in accordance with Article 16.

2. The probationary period as per Article 20 does not apply.

3. There is no specific guarantee against a subsequent termination of service relationships or a reassignment decided under the conditions of this law.

4. The years during which the employee has served the canton of Bern continuously prior to their employment are considered years of service.

**1. The Hiring Authority Decides on the Employee's Assigned Function for the Benefit of Continuation and Sets the Initial Salary in Accordance with Jurassian Legislation**

2. The employee is entitled to retain the nominal salary previously received for the same level of employment.

3. "Previously received nominal salary" refers to the gross salary of the month before the transfer from the municipality, including the monthly portion of the thirteenth salary, particularly the basic salary, individual component, individual progression, and general progression. It notably excludes

a) Special or additional allowances;

b) Allowances, such as family, maintenance, position-related or job market-related allowances;

c) Bonuses;

d) Training contributions;

e) Other benefits.

4. If the initial salary set by the hiring authority is lower than the nominal salary previously received, compensation to offset the difference is paid. The amount is determined by the hiring authority.

5. The compensation is reduced as the employee's salary increases under Jurassian legislation, particularly in cases of progression in increments or adjustments due to cost of living increases.

1 The Government is authorized to set a deadline within which employees who wish to benefit from the re-employment guarantee mentioned in Article 98a must declare their intentions. This deadline is published in the Official Journal. Failure to declare within the deadline results in the loss of the re-employment guarantee.

2 The employees concerned must resign in a timely manner to the Canton of Bern.

3 The Government shall regulate, by way of ordinance or in an implementation agreement concluded with the Executive Council of the Canton of Bern under the concordat between the Canton of Bern and the Republic and Canton of Jura concerning the transfer of the municipal commune of Moutier to the Canton of Jura (hereinafter: "implementation agreement"), the modalities of re-employment application, particularly for employees who are incapacitated or undergoing training.

**1 Employees of the canton of Bern within the meaning of Bernese personnel legislation, with an indefinite employment contract, who are employed by the Jura State with a start date agreed before the transfer date of the municipality of Moutier, are entitled to the guarantees offered by Articles 98a to 98c if they fulfill the following cumulative conditions:**

a) they have been domiciled in Moutier continuously from March 28, 2021, until their employment by the Jura State;

b) they have been employed continuously by the canton of Bern from March 28, 2021, until their employment by the Jura State, either in a unit located in Moutier or in a unit that was located there on March 28, 2021, but was later reorganized or relocated by the canton of Bern due to the transfer of the municipality;

c) they express this desire in the context of a recruitment process.

**2 Article 98a, paragraph 2, applies.**

**3 The position, activity, place of assignment, and activity rate are those of the advertised position.**

**4 Article 98d, paragraphs 2 and 3, applies.**

1 Employees of the Canton of Bern, as defined by the Bernese personnel legislation, who hold a permanent employment contract, have the right to be employed by the Canton of Jura without a public job advertisement on the date of the transfer of the municipality of Moutier if they meet the following cumulative conditions

a) they have been employed until the day before the date of the transfer of the municipality, either in a unit located in Moutier or in a unit that was located there on March 28, 2021, but which was reorganized or relocated later by the Canton of Bern due to the transfer of the municipality;

b) their position is transferred to the Canton of Jura according to an implementation agreement or according to a list defined by decree by the Government;

c) they express the wish to do so within the stipulated deadlines and forms.

2 The guaranteed employment rate within the Canton of Jura is the one existing with the Canton of Bern the day before the date of the transfer of the municipality.

3 Placement in a largely identical position within the Canton of Jura is guaranteed. However, the maintenance of the function, assignments, and tasks previously performed, as well as the place of assignment, is not guaranteed.

4 Employees holding a fixed-term employment contract, as well as apprentices and interns, may, if they meet the conditions mentioned in the first paragraph, benefit from the same guarantees until the expiration date of their contract.

Articles 98b and 98c apply.

1 The Government is authorized to set, within the framework of an implementation agreement, a transfer date for the positions to the State of Jura that differs from the date of the transfer of the municipality of Moutier. If applicable, this date is decisive in place of the date of the transfer of the municipality of Moutier.

2 It regulates, by means of an ordinance or within the framework of an implementation agreement, the modalities of the transfer of positions, particularly for employees who are unable to work or are in training, as well as the modalities for transferring employee-related data.

1. Employees of the municipality of Moutier with an open-ended contract are entitled to be employed by the Jura State without a public recruitment process on the date of Moutier's municipality transfer if they meet the following cumulative conditions

a) they have been employed by the municipality of Moutier until the day before the date of the municipality's transfer;

b) their job position is transferred to the Jura State according to an execution agreement, an agreement between Moutier municipality and the Government, or a list defined by decree by the Government;

c) they express this wish within the stipulated deadlines and forms.

2. Articles 98f, paragraphs 2 to 4, 98g, and 98h shall apply by analogy.

The Government shall regulate, by means of an ordinance, the implementing provisions of this law.

The Law of December 20, 1990, on Kindergarten, Primary School, and Secondary School (School Law) is amended as follows

TITLE FIVE: Teaching Authorization

Articles 84 to 89

Repealed.

Articles 90 to 105

Repealed.

Repealed

1. the law of October 26, 1978, on the status of magistrates, officials, and employees of the Republic and Canton of Jura;

2. the decree of December 6, 1978, implementing the law on the status of magistrates, officials, and employees of the Republic and Canton of Jura;

3. the decree of June 19, 1980, establishing the automatic termination of service relationships;

4. the order of October 25, 1990, listing the positions whose holders have the status of officials.

This law is subject to an optional referendum.

This law shall come into force on January 1, 2011.