Public Employment Relations Act (Personnel Act, PG) (Personalgesetz, PG) - Scope (PG)

1. This law governs the employment relationship of the employees

a. of the canton and its legally competent public law institutions and corporations,

b. of the public schools of the canton and the municipalities.

2. This law does not apply to

a. the members of the parliamentary representations of the eligible voters,

b. the members of the government council,

c. the full-time and permanent judges of the cantonal court.

3. The government council may regulate the service relationships for special functions, particularly for commission members, part-time employees, and employment relationships with a training character, by ordinance deviating from this law.

4. The other municipalities as per § 2 paragraph 1c may regulate the employment relationships of their employees through legislative decrees deviating from this law. Excluded are the employment relationships of teachers of public and music schools as well as of specialists in school services. The §§ 8 paragraph 1 (Employment by public law contract), 65 and 68 (Procedure), as well as 70 ff. (Legal protection) are mandatory for the municipalities and municipal associations.

4bis. For the employment relationships of employees of legally competent public law institutions and corporations in which the canton holds a majority share, the provisions of this law apply. Legally competent public law institutions and corporations in which the canton does not hold a majority can regulate the employment relationships independently. However, they are obliged to adhere to the absolute minimum and maximum salary according to the salary regulation for state personnel dated September 12, 2011, and to insure their employees with the Lucerne Pension Fund.

5. Unless the other municipalities make differing regulations, the provisions of this law apply with the exception of §§ 3, 30a, 36, 37 paragraph 3, 42, 43, 59, 62, 63, and 69. §§ 31-35 and 60 are to be applied accordingly. § 22 does not apply to the members of the highest administrative authorities of the other municipalities and the authorities and commissions equivalent to them.

6. Special legislative provisions regarding the public-law employment relationship, particularly those of educational law, remain reserved.

1

a. Employees are staff members who are in a public-law employment relationship with a community, including teaching staff and specialists of educational services, as well as staff members elected for a term of office by a legislative body.

b. * ...

c. Communities include the canton, municipalities, municipal associations, and the national churches, as well as their public-law institutions and corporations with legal capacity.

d. Legislative bodies are the eligible voters of a community and their parliamentary representation.

e. Personnel decisions are decisions related to the employment relationship that affect the legal status of employees.

f. Positions are defined by tasks, competencies, and areas of responsibility. They are determined by job descriptions.

g. Personnel organizations are staff associations and trade unions that represent the interests of their members related to the employment relationship.

h. Public service is

1. full-time if it occupies the entire working time obligation,

2. primary if it occupies at least half of the working time obligation,

3. part-time if it occupies less than half of the working time obligation of the employees.

1. The executive council establishes the principles of personnel policy.

2. The personnel policy should be guided by the public service mandate of the community and the needs of its employees, the goal of citizen proximity, and the fiscal capabilities, in particular

a. strive for a partnership-based relationship between the canton and its personnel,

b. enable the recruitment, retention, training, and further education of employees suitable for fulfilling the tasks of the canton,

c. utilize and develop the potential of employees by employing and promoting them according to their aptitudes and abilities,

d. devote particular attention to the selection and professional development of supervisors,

e. promote the development and implementation of appropriate organizational structures, flexible work and working time models, as well as a management practice oriented towards the achievement of objectives and the development of employees,

f. ensure equal opportunities for women and men,

g. ensure that personal integrity is respected and the health of employees is protected, and that decisions within the employment relationship are made free from discrimination,

h. promote the employment and integration of persons with reduced capacity and limited labor market opportunities,

i. promote the creation of working conditions that allow employees to fulfill their responsibilities to family and society,

k. promote the creation of apprenticeships and training positions.

3. The executive council ensures compliance with the principles of personnel policy. It coordinates and directs the implementation of the personnel policy and takes the necessary measures (personnel controlling).

1. The government council may conclude collective labor agreements with employee associations for all employees or for specific groups of employees in areas for which it has final regulatory authority.

2. The collective labor agreement becomes an integral part of the individual employment relationships.

1. The employment relationship is governed by public law.

1. Vacant positions are generally required to be publicly advertised for application.

1. Requirements for employment are, in particular, the professional and personal suitability of the applicant.

2. For the exercise of sovereign functions, Swiss citizenship is generally required. The highest administrative authority of the community designates these functions.

1. The employment relationship is established by a public law contract. Reserved are the employment relationships provided for by laws or ordinances, which are established by election.

2. In special cases designated by the government council, the contract may deviate from this law regarding claims to remuneration, working hours, vacations, occupational pensions, as well as the termination of the employment relationship.

3. ...

1. The employment relationship is generally permanent. It may be terminated by either party.

2. Fixed-term employment relationships are generally permissible for a total duration of no more than three years. If the employment relationship is extended after this period, it shall have the effect of a permanent employment relationship. Special provisions for service relationships with particular functions are reserved.

3. The fixed-term employment relationship may be terminated by either party if this is stipulated accordingly at the commencement of the employment relationship.

1. The first three months of the indefinite employment relationship are generally considered a probationary period. Upon changing positions, a new probationary period may be established.

2. The probationary period can be extended to a maximum of six months by mutual agreement or by a decision, which must be communicated to the employee at least one month before the end of the probationary period.

3. During the first three months of the probationary period, the notice period for termination by either party is seven days.

4. If the probationary period is effectively shortened due to illness, accident, or the fulfillment of a non-voluntarily assumed statutory obligation, the probationary period is extended accordingly.

1. Employees elected by legislative bodies shall be elected for a term of office of four years. A certificate of election shall be issued.

1. The competent authority may unilaterally modify essential elements of the employment relationship by decision if the employee disagrees with this modification. The deadlines and dates in accordance with § 16 must be observed.

2. Essential elements are

a. the nature of the employment,

b. the duration of the employment relationship,

c. the function,

d. the salary, subject to the application of salary-related regulations,

e. the workload.

3. By means of a service instruction, the employee may be assigned another reasonable area of tasks, competencies, and responsibilities if the service interest requires it and this does not alter an essential element of the employment relationship.

1. Essential components of the employment relationship can be altered by mutual agreement, deviating from the provisions of this law.

2. If the function is altered from the time when a pension from the provident institution can be drawn pursuant to § 63, and this results in a loss of salary, a severance payment may be made, the amount of which corresponds to a maximum of the salary loss for one year.

1. If there are indications that official duties have been violated, the competent authority may initiate an administrative investigation to clarify the circumstances.

**1. The competent authority shall take the necessary precautionary measures if the orderly execution of official duties is at risk.**

2. If the execution of duties is jeopardized due to reasons attributable to the employed person, the competent authority may, in particular, terminate the employment relationship with the person and reduce or discontinue the salary and other benefits.

3. The competent authority or supervisory authority may, if required by service needs or efficient personnel deployment, release employees from duty partially or entirely for the duration of the termination period while maintaining their current salary, or, as far as reasonable, transfer them.

4. If precautionary measures prove to be unjustified, the affected employees shall be reinstated in their rights. Withheld amounts from the salary or other benefits shall be paid out.

1. The employment relationship ends due to

a. termination,

b. expiration of a fixed-term employment,

c. dismissal without notice,

d. dissolution by mutual consent,

e. termination due to permanent incapacity for work,

f. termination due to age,

g. waiver of re-election or non-re-election upon expiration of the term of office,

h. termination upon request for employees elected for a term of office,

i. death.

1. After the expiration of the first three months of the probationary period, the notice period for terminating the employment relationship is three months. The termination must be pronounced at the end of a month, except in the cases under paragraph 2.

2. The following notice periods apply to teachers and specialists in school services

a. in an indefinite employment contract and in a fixed-term terminable employment contract, four months at the end of a semester,

b. in a short-term fixed-term employment contract of up to four months, 7 days.

3. In individual cases, the period may be shortened or extended by mutual agreement.

4. The immediate termination as per § 19 remains reserved.

1. The employment relationship ends informally by the expiration of time or in writing through an agreement, decision of the competent authority, or termination by the employee.

1. The competent authority may terminate the employment relationship by providing notice particularly in the following cases

a. if the position is abolished or adjusted to new organizational or economic conditions and there is a lack of willingness to undertake other offered and reasonable work,

b. in case of violation of legal or contractual obligations and in case of defects in performance or behavior that persist or recur despite written warning,

c. due to lack of suitability, capability, or willingness to fulfill the assigned tasks,

d. if a legal or contractual condition of employment ceases to exist,

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

1. The employment relationship may be terminated by either party at any time without notice for good cause. The immediate termination of the employment relationship must be justified.

2. A good cause is notably any circumstance under which the continuation of the employment relationship can no longer be reasonably expected in good faith.

3. For employees elected by a legislative body, the supervisory authority is responsible.

4. The facts and legal consequences of immediate termination are governed by the provisions of the Code of Obligations. A severance payment pursuant to § 25 remains reserved.

1. The employment relationship may be terminated by mutual agreement, deviating from the provisions of this law.

2. A severance payment may be granted up to the maximum amount according to § 25.

1. If the employee is permanently unable to fully fulfill their duties due to illness or accident, the employment relationship shall be unilaterally modified or terminated with the observance of the prescribed deadlines and dates.

2. Full or partial incapacity for work is deemed permanent if the competent authority assesses it as such based on an expert opinion from the community's trusted physician or if it lasts longer than twelve months. The competent authority may extend this period in exceptional cases.

3. The government council shall regulate further details, particularly regarding compensation after the termination of the employment relationship.

1. The employment relationship ends no later than the end of the month following the employee reaching the age of 65. For teachers and professionals in educational services, it ends at the end of the school year in which they reach the age of 65.

2. The competent authority may terminate the employment relationship for significant operational reasons or due to proven performance reduction despite willingness to perform, prematurely for age-related reasons, but not before the time a pension from the pension fund can be drawn according to § 63. A notice period of six months must be observed. The competent authority shall take into account the legitimate interests of the employee when making the decision.

3. The competent authority may employ employees who have already reached the age of 65. The government council shall regulate the specifics.

4. Under special circumstances, the government council may regulate the termination of the employment relationship for age-related reasons for specific groups of employees before they reach the age of 65.

1. The employment relationship of employees elected for a term of office ends on the day the term expires.

2. At the request of the employees, it can also be terminated during the term of office with a notice period of three months to the end of a month. For employees elected by the Cantonal Council under the provisions of § 7 paragraph 1 (substitute judges and expert judges), §§ 8 paragraph 1, 38, and 57 of the Judiciary Act of May 10, 2010, and under § 38 paragraph 1 of the Expropriation Act of June 29, 1970, the notice period is six months.

3. Sections 19-22 also apply to employees elected for a term of office.

1. The provisions of the Code of Obligations regarding termination at an inopportune time apply after the probation period has ended, except in the case of termination of the employment relationship due to permanent incapacity to work.

**1. Employees with at least ten years of service, whose employment is terminated by the competent authority for reasons beyond their control, are entitled to severance pay, provided they are at least 40 years old. In exceptional cases, this regulation can be deviated from for social reasons.**

**1bis. For employees whose employment is prematurely terminated for reasons of age in accordance with § 22 paragraph 2, the entitlement to severance pay exists with at least five years of service.**

**2. If the position is abolished, the employees must be offered another reasonable position if possible.**

**3. There is no entitlement to severance pay in the following cases of termination of employment:**

**a. due to resignation by the employee,**

**b. due to the expiration of the term of office with a waiver of re-election,**

**c. in case of dismissal of elected employees at their own request,**

**d. upon termination for age reasons in accordance with § 22 paragraph 1,**

**e. upon termination due to the expiration of a fixed-term position with or without the possibility of termination,**

**f. due to incapacity for work,**

**g. in the event of death.**

**4. The severance pay amounts to a maximum of one year's salary (13 months' salaries). The government council regulates the specifics.**

**5. The severance pay is determined based on the circumstances of the individual case. Particular consideration is given to personal circumstances, length of service, age, reason for termination, and new salary, if the employee takes up new employment.**

**6. Employees who earn new income during the severance period, which was not known at the time of determining the severance pay, will have their severance pay reduced. The government council regulates the specifics.**

1. If the unilateral modification or termination of an employment relationship proves to be unlawful, there is a claim for compensation, but not for the continuation of the previous employment relationship.

2. The compensation is determined based on the circumstances of the individual case and amounts to no more than one year's salary (13 monthly salaries).

3. In assessing the compensation, the following may in particular be considered

a. the degree of unlawfulness,

b. the reason for and the procedure of the modification or termination of the employment relationship,

c. any contributory negligence of the employee,

d. the duration of the employment relationship,

e. the age of the employee, and

f. the economic consequences.

1. In the event that a reduction in workforce results in the termination of a multitude of employment relationships, the highest administrative authority of the community, in consultation with employee organizations, shall establish a social plan. This plan shall regulate the state's benefits, which are aligned with Section 25. It may also provide for additional or other types of benefits.

1. The Government Council determines the scope of benefits provided in the event of death.

1. Personal data of employees and job applicants may be processed in paper form and in information systems in accordance with the provisions of the Cantonal Act on the Protection of Personal Data dated July 2, 1990, if necessary for the fulfillment of tasks under this Act, particularly for

a. the recruitment of employees,

b. the establishment, modification, and termination of employment relationships,

c. the management of employment relationships.

2. Particularly sensitive personal data may be processed if necessary for the fulfillment of tasks under paragraph 1. This includes, in particular,

a. data regarding health status,

b. data from trusted medical assessments,

c. data from a personal background check.

3. When processing data in information systems, the cantonal regulations on data protection as well as on information technology must be observed. Information systems may be used for a personal data analysis if necessary for the fulfillment of tasks under paragraph 1.

4. Personal data of job applicants must be destroyed if not hired, unless the person concerned consents to further retention.

5. The government council regulates the details.

1. In the context of employment, data may be delivered electronically via secured information channels.

1. Employees have the right to inspect their personnel files.

2. They can request that incorrect personal data be corrected and incomplete information be supplemented. If the personnel files contain information that is not directly related to the employment relationship, removal of such information can be requested.

1. Personal Data of Employees May Be Disclosed

a. if a legal basis permits it or if it is necessary in an individual case for the fulfillment of a public task of the recipient,

b. if the affected person has consented in an individual case,

c. for the state calendar, official directories, and similar publications within the meaning of the provisions on data protection.

1. The public entities respect and protect the dignity and personality of employees and duly account for their health.

2. They shall take the necessary measures to protect the life and personal integrity of their employees and to promote their health.

1. The Cantonal Council and the Government Council pursue a continuous and reliable wage policy aimed at achieving a competitive salary level.

1. Employees are entitled to remuneration. This consists of the salary and any applicable allowances.

2. The salary is determined by function, relevant experience, and performance. The labor market may be additionally taken into account. The Executive Council may omit certain criteria for specific groups of employees.

1. The Cantonal Council establishes the salary grades and their minimum and maximum rates in the respective salary regulations. It assigns the functional groups to the salary grades.

2. The Government Council determines the function matrix with the function descriptions and the associated salary grades. In doing so, it considers the nature and scope of the tasks, education and experience, competencies, working conditions, as well as the situation in the labor market.

3. The Government Council regulates the structure of the salary grades as well as the principles of salary determination and salary development.

4. Within the scope of the approved resources, the Government Council may provide for general, individual, and structural salary adjustments. It considers the nominal wage development, the situation in the labor market, the maintenance of purchasing power, and the financial capabilities of the canton.

1. For special functions or additionally assigned, extensive, and particularly qualified tasks, the competent authority may grant a function allowance.

2. To recruit or retain a particularly qualified employee, the competent authority may, in special cases, award a labor market allowance.

3. In recognition of special achievements, the competent authority may grant a performance allowance in the form of a one-time payment.

4. In the case of extraordinary commitment or success, the competent authority may grant recognition in the form of in-kind benefits.

5. The government council shall regulate the specifics. It may, in particular, regulate the conditions for granting the allowances, provide for their limitation, and limit the amounts of the allowances.

1. The Executive Council cannot provide non-salary-related monetary fringe benefits.

1. Employees are entitled to birth, child, and education allowances in accordance with the Law on Family Allowances.

2. The Government Council shall regulate a special social allowance.

3. It may provide a social wage and care contributions to financially support the reconciliation of work and family life.

1. The Executive Council regulates the compensation for

a. Overtime,

b. Night and Sunday work as well as on-call duty,

c. Expenses,

d. Improvement proposals,

e. Special work performances.

2. Compensations for overtime, night and Sunday work, as well as on-call duty, are to be balanced through time or monetary credits.

1. Inventions made by employees in connection with the performance of their official duties belong to the public entity.

2. The supreme administrative authority of the public entity grants employees an appropriate remuneration for inventions of significant economic importance or transfers ownership of the invention to them.

1. The rights to copyright-protected works created by employees in the course of their official duties shall vest in the public entity.

2. The highest administrative authority of the public entity may award an appropriate remuneration for the rights to copyright-protected works of significant economic importance if special circumstances justify this.

1. The government council regulates the consideration of in-kind compensation toward the salary.

1. Employees are entitled to 10 working days of paid leave after 10, 20, 30, and 40 years of service.

2. The Government Council shall regulate the details, particularly regarding the crediting of service years and the entitlement for part-time employment. It may provide for the service anniversary gift to be issued in the form of money and regulate entitlements differently for low employment levels.

1. The canton establishes an employee assistance fund.

2. Financial benefits may be granted from the fund in cases of social need, hardship, legal assistance, or to cover significant material damages arising for employees from their professional activities.

3. The government council shall determine the details.

1. The public entity demands the repayment of financial benefits incorrectly provided in connection with an employment relationship.

2. Claims of the public entity or the pension fund related to the employment relationship may be offset against the salary or other claims of the employees, insofar as they are subject to garnishment.

1. The freedom of association is guaranteed within the framework of constitutional law, in particular the right to form and join trade unions.

1. The supreme administrative authority of the community may restrict or revoke the right to strike for certain groups of employees, insofar as higher-ranking public interests outweigh the employees' interest in enforcing collective claims by means of a strike. Higher-ranking public interests particularly include maintaining public order and safety, as well as protecting the health and property of the population.

1. If the community designates a particular office, employees have the right to report to this office any irregularities, such as violations of laws or regulations, or other irregularities, deficiencies, and risks they have identified in the course of their duties, provided there is sufficient suspicion.

2. Employees have the right to file a criminal complaint with the law enforcement authorities if, during their duties, they become aware of an offense or crime that they reasonably suspect another employee of committing, which, according to the provisions of the Swiss Criminal Code of December 21, 1937, is to be prosecuted ex officio.

3. Employees who make reports or complaints in accordance with paragraphs 1 and 2 must not be subjected to any direct or indirect disadvantage in their employment relationship.

1. The Government Council regulates

a. entitlement to vacation,

b. entitlement to paid and unpaid leave, particularly in connection with family obligations, parenthood, and further education,

c. entitlement of female employees to paid leave before and after the birth of a child,

d. rights and obligations, as well as entitlement to salary payment in cases of illness and accident, during public service activities, and during humanitarian missions.

1. Employees may choose their place of residence freely.

2. If the nature of the work requires it, the competent authority may obligate employees, for the duration of the employment relationship, to

a. take up residence at a specific location or within a specific area, or

b. occupy a service apartment.

1. Upon termination of the employment relationship, the employee shall receive a certificate from the competent authority, which details the nature and duration of the employment relationship as well as the performance and conduct of the employee.

2. Employees are entitled to request an interim certificate.

3. Upon request from the employees, the certificate shall be limited to information regarding the nature and duration of the employment relationship.

1. Employees are obliged to personally perform their work duties. They must uphold the interests of the community and fulfill their service to citizens and the state in a lawful, diligent, economical, proactive, and customer-friendly manner.

2. They are required to use the entire working time for the fulfillment of official duties and are obligated, exceptionally and to a reasonable extent, to perform overtime work.

3. Even outside of duty, they must refrain from any conduct that could impair their trustworthiness concerning their official duties.

4. Within the framework of the constitution and law, they are subject to official and professional instructions.

1. Employees are obliged to assist one another in the performance of their official duties.

2. If required by official needs, employees may temporarily be assigned reasonable tasks that do not belong to their actual scope of duties.

1. Employees are obligated to maintain confidentiality regarding official matters that, by their nature or according to special regulations, must be kept secret.

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

3. The release from the confidentiality obligation by the competent authority is reserved.

4. For reports and notifications in accordance with § 46a, no release from the confidentiality obligation is required.

1. Secondary employment that may interfere with the fulfillment of official duties is prohibited. The competent authority may grant exceptions for significant reasons.

2. The government council regulates the particulars.

1. Employees are prohibited from soliciting, accepting, or being promised gifts or other benefits for themselves or others if it is related to their official position.

1. Fees and compensations for official activities and the salary contributions made by third parties are part of the assets of the community.

2. The highest administrative authority of the community grants the exceptions.

1. Employees may be required to undergo a medical examination by a trusted physician if it is necessary to determine their ability to work.

1. Employees are obliged to take reasonable measures in the event of incapacity for work to enable the resumption of their professional activities or reintegration into working life, thereby contributing to the mitigation of damages.

2. If an employee violates the duty to mitigate damages, their continued payment of salary or compensation in the event of permanent incapacity for work can be temporarily or permanently reduced or refused. The authority responsible for the decision is according to § 67.

3. Before any reduction or refusal, the employee must be warned in writing and be made aware of the legal consequences.

1. The government council establishes the target working hours.

2. It regulates the working hours. It issues provisions regarding forms of working hours and part-time work, taking into account the compatibility of family and employment work.

1. The highest administrative authority of the community promotes the professional development and further training of the employees.

1. The Personnel Office, as a staff unit, manages the personnel affairs of the canton.

2. It ensures, within the scope of its authority, the equal application of personnel law.

3. It communicates directly with all administrative and judicial authorities.

4. It supports the offices through consultation and other services.

5. The government council regulates the details.

1. The objectives of the appraisal and development meeting are

a. to identify and develop the skills of employees,

b. to assess and promote the performance of employees,

c. to employ employees according to their abilities,

d. to acknowledge good performance.

2. The superior usually assesses the performance and behavior of each employee annually and discusses the results with the individuals concerned.

3. The outcome of the appraisal and development meeting must be taken into account by the competent authority when making decisions within its discretion.

4. The executive council regulates the details, particularly the evaluation of superiors and the establishment of goal agreements.

5. Exceptional provisions remain for teachers and specialist staff of school services.

1. The Right of Employees to Participate in Personnel Matters is guaranteed. Personnel organizations or their delegations are recognized as negotiation and discussion partners. There exists a joint personnel commission for participation and negotiations. The Government Council shall regulate the details in cooperation with the personnel associations.

2. Personnel organizations shall be informed in a timely manner about planned changes to personnel laws. They may provide feedback on these changes.

3. Personnel organizations shall be informed about important general operational and professional matters. Individual employees shall be informed about operational and professional matters that affect them, and they may provide feedback.

4. Personnel organizations and individual employees have the right to make proposals regarding operational and professional matters. Employees may participate in the implementation of these proposals.

5. Submissions from personnel organizations must be reviewed and responded to.

1. The canton provides, within the limits of available credits, a limited number of jobs for individuals whose performance capacity is restricted due to health reasons.

1. The Lucerne Pension Fund is

a. a public law institution with its own legal personality and based in Lucerne,

b. an independent, registered pension scheme in the sense of the Federal Law on Occupational Retirement, Survivors’ and Disability Pension Plans (BVG).

2. The Lucerne Pension Fund insures the employees of the canton and its public-law entities and corporations with legal capacity, as well as the teachers and specialists of the educational services of the Lucerne municipalities, against the economic consequences of old age, disability, and death in the sense of occupational pension provision.

The following deviations apply

a. The government council can, in special cases, insure clearly defined groups of employees with another pension institution.

b. The board of directors can admit employers who fulfill public tasks to the fund through a connection agreement and thereby insure their personnel with the fund.

3. The board of directors

a. is the supreme governing body of the fund and exercises overall management,

b. issues the regulatory fund provisions,

c. consists of twelve members, six of whom are elected as employee representatives by the active insured persons and six as employer representatives by the government council for each term of office,

d. determines the presidency for each term of office alternately from the employer and employee representatives.

4. ...

1. Employer Contributions Calculated Across All Employers (Excluding Recovery Contributions) in the Basic Plan Shall Comply With

a. A Maximum of 11.5 Percent of the AHV-liable Total Salary of All Insured Employees,

b. At Least 55 and No More Than 60 Percent of Total Contributions.

2. In the Event of a Deficit in the Fund, Recovery Contributions May be Levied in Addition to Employer Contributions As Stated in Paragraph 1. These Recovery Contributions Shall Not Exceed 3 Percent of the AHV-liable Total Salary of All Insured Employees, and the Insured Employees Shall Bear Remediation Measures to the Same Extent.

1. The insured salary corresponds to the assessable annual earnings reduced by the coordination deduction.

2. The coordination deduction is applied taking into account the employment degree of the insured employees.

1. Employees are insured against occupational and non-occupational accidents as well as against occupational diseases in accordance with the provisions of the Federal Act on Accident Insurance (UVG).

2. The premiums for insurance against occupational accidents and occupational diseases are borne by the public entity.

3. The highest administrative authority of the public entity determines who bears the premiums for the non-occupational accident insurance.

1. The Act on Administrative Justice shall apply to proceedings that are to be resolved by personnel-related decisions.

2. Employees must be heard orally or in writing before the issuance of a decision that adversely affects them, particularly in the case of a unilateral amendment or termination of the employment relationship, following appropriate written information.

**1. Competent Authorities for the Establishment, Modification, and Termination of Employment Relationships, subject to different provisions:**

a. * The Government Council for employees designated by ordinance, the head of the department for employees of the service,

b. * The Cantonal Court for its employees and for the employees of the courts and organizational units subordinate to the Cantonal Court; the Cantonal Court stipulates by ordinance which personnel decisions the courts and organizational units subordinate to it may make themselves,

c. * The top administrative authorities of other municipalities for their employees and for the employees of their public law institutions and corporations with legal capacity,

d. * The school administration for teachers, specialists in school services, and day structures at public schools of the municipalities; the education commission or the municipal council for the school administration of public schools of the municipalities; the head of the competent office or other bodies designated by the Government Council for teachers at the public schools of the canton.

**2.** The head of the department may delegate the establishment, modification, and termination of employment relationships of the department to a head of a division if it is organizationally appropriate.

1. The authority responsible in accordance with § 66 is also responsible for the remaining personnel-related decisions. A delegation of responsibility according to § 66 paragraph 2 is possible.

2. If the employee was employed by the Executive Council, the head of the department to which the employee is subject to supervisory authority is responsible for the remaining personnel-related decisions. Personnel-related decisions in the sense of § 70 paragraph 1 are issued by the Executive Council.

3. If the employee was elected by a legislative body, the highest supervisory authority is responsible for the remaining personnel-related decisions. If the Executive Council is the highest supervisory authority, paragraph 2 applies. For functions administratively assigned to the State Chancellery, the State Secretary is responsible. For the courts and organizational units subordinate to the Cantonal Court, the ordinance of the Cantonal Court applies.

1. Decisions regarding personnel law are appealable in accordance with the principles of the Administrative Procedure Act.

1. The Conciliation Board handles all disputes arising from an employment relationship upon request by the employee or the competent authority.

2. It attempts to reach a settlement between the parties involved in the proceedings. If this is not successful, it records this in writing and may provide recommendations.

3. The initiation of proceedings before the Conciliation Board interrupts any applicable appeal periods.

4. The Executive Council regulates the details.

1. Other public entities may establish their own conciliation bodies for all disputes arising from their employment relationships.

2. The initiation of proceedings before a conciliation body pursuant to paragraph 1 interrupts any applicable appeal deadlines.

1. Employment-related decisions that unilaterally alter or terminate an employment relationship can be challenged by means of an administrative court appeal to the Cantonal Court. The Cantonal Court also reviews the exercise of discretion.

2. Other employment-related decisions can be contested before the Government Council through an administrative appeal. The decision of the appeal can be further challenged with an administrative court appeal to the Cantonal Court.

1. Personnel-Law Decisions of the Cantonal Court and Those of Subordinate Courts and Organizational Units Can Be Challenged Before the Cantonal Court Through an Administrative Court Appeal. The Cantonal Court Also Reviews the Discretion.

1. If a judicial complaints authority considers a decision regarding the unilateral amendment or termination of an employment relationship to be unlawful, it shall issue a declaratory decision to that effect and determine the compensation to be paid by the public entity in accordance with § 25a.

2. ...

3. The nullity of a termination at an inopportune time remains reserved.

1. Complaints against the unilateral amendment or termination of an employment relationship that are directed to a judicial appeals instance do not have a suspensive effect.

2. For other complaints, the provisions of the Administrative Procedure Act regarding suspensive effect shall apply.

1. Official costs in a personnel-related appeal procedure are reduced by half.

1bis. In the appeal procedure pursuant to § 70 paragraph 1, the prevailing party shall be awarded reasonable compensation for their representation costs, at the expense of the public entity to which the lower court belongs.

2. Cases of frivolous appeals are excepted.

1. In the lawsuit procedure, the Cantonal Court adjudicates pecuniary claims arising from public-law employment relationships.

1. Repealed are

a. The Act on the Public-Law Employment Relationship (Personnel Act) of September 13, 1988,

b. Sections 67 paragraph 1, 67a-70, 72-77, 80-82, 84-94, 96-98, 126 paragraph 1 number 4, and 146 paragraph 1d of the Education Act of October 28, 1953.

1. The following statutes are amended according to the appendix

a. Voting Rights Act of October 25, 1988,

b. Act on the Organization of Government and Administration (Organization Act) of March 13, 1995,

c. Liability Act of September 13, 1988,

d. Administrative Procedure Act of July 3, 1972,

e. Act on the Legal Status of the Highest Administrative and Judicial Authorities (Authorities Act) of November 17, 1970,

f. Salary Regulations for State Personnel of November 29, 1988,

g. Municipalities Act of October 9, 1962,

h. Land Register Act of July 14, 1930,

i. Act on Public Certifications (Certification Act) of September 18, 1973,

k. Court Organization Act of January 28, 1913,

l. Act on the Conciliation Board under the Federal Gender Equality Act of June 29, 1998,

m. Education Act of October 28, 1953,

n. Fire Protection Act of November 5, 1957,

o. Act on the Introduction of the Federal Old Age and Survivors' Insurance Act of September 7, 1992,

p. Act on the Introduction of the Federal Disability Insurance Act of September 7, 1992,

q. Social Assistance Act of October 24, 1989.

1. Individuals referred to as civil servants in cantonal personnel legislation are employees who were elected for a term of office under current or former legislation.

2. The employment relationship of civil servants, as well as elected teaching staff and specialists in educational services, is converted into an indefinite employment relationship, provided they were not elected by a legislative body.

1. Decisions pursuant to the existing law shall remain in force until they are revoked or amended.

1. The Executive Council issues the implementing provisions, insofar as other authorities are not declared competent.

2. Insofar and as long as new implementing regulations and rules are not issued, the previous provisions shall continue to apply, provided they do not contradict this law.

**1. Sections 65-67 and 70-72c of the Ordinance on the Lucerne Pension Fund dated May 11, 1999, shall be maintained without alteration in the regulatory provisions of the Lucerne Pension Fund for as long as the insured members of the Lucerne Pension Fund can still derive claims from them.**

1. For employment relationships established by election and their acceptance, the existing certificates of election remain valid. The transition to a public-law contract occurs upon any potential adjustment of the employment relationship.

2. Public-law institutions and corporations with legal capacity, for which, according to § 1 paragraph 4bis, the new personnel law fully applies, must adjust their employment relationships by January 1, 2027.

3. For proceedings not yet concluded by a final decision at the time this law enters into force, the previous provisions on procedure, jurisdiction, and legal protection shall apply.

1. The Executive Council determines the commencement.

2. The law is subject to an optional referendum.