Salary Ordinance for Teachers and Specialists in School Services (BVOL) - Scope of Application (BVOL)

1. This regulation applies to the teachers at public schools of the canton and the municipalities.

2. It applies mutatis mutandis to the specialists of the educational services.

1. The following provisions of the Salary Ordinance for State Personnel are to be applied to the public-law employment relationship of teachers

a. § 3: regarding salary payment and statements,

b. § 5: regarding the proportional salary entitlement,

c. § 11: regarding structural salary adjustments,

d. § 14a: regarding recognition in the form of benefits in kind,

e. §§ 15 and 15a: regarding the special social allowance and social salary,

f. § 20: regarding remuneration for suggestions for improvements,

g. §§ 22-30: regarding reimbursement of expenses,

h. §§ 32 and 32a: regarding severance pay and its reclaim,

i. § 33: regarding the gift for years of service,

j. § 34: regarding years of service,

k. § 35: regarding benefits in the event of death,

l. § 36: regarding the payment of social insurance premiums,

m. § 37: regarding premiums for non-occupational accident insurance,

n. § 38: regarding the assignment and pledging of salary claims.

2. The following provisions of the Salary Ordinance for State Personnel are to be applied analogously to the public-law employment relationship of teachers

a. § 13a: regarding the labor market allowance,

b. § 14: regarding the performance allowance.

3. Additionally, § 20a of the Salary Ordinance for State Personnel is to be applied analogously to the public-law employment relationship of teachers at cantonal schools.

1. The general salary adjustment decided by the Governing Council takes effect on March 1 of a calendar year.

1. Professional activities (functions) are assigned to function groups and salary classes according to Annex 1 of this regulation.

2. Annex 1 of this regulation also contains a description of the functions.

3. Salaries for professional activities that are neither assigned to a salary class nor regulated in Annex 1 of this regulation are determined by analogous application of § 6.

1. For each salary class, there is a salary band, the upper limit of which is composed of the following two salary components

a. The functional component takes into account the basic requirements of the function. It corresponds to the minimum value of the salary class.

b. The experience component takes into account the experience. It consists of 27 progressively increasing salary levels. The value of salary level 27 corresponds to the maximum value of the salary class.

2. The lower limit of the salary band is 10 percent below the upper limit.

1. The teacher shall be classified into the salary grade according to the job description upon initial assignment. Teachers who do not possess the corresponding teaching diploma or professional training regarding the requirements for subject competence shall be classified one to three salary grades below the salary grade specified in the job description, to the extent of the deviation.

2. Within the salary grade, the teacher is classified into a salary level. The professional qualifications and experience of the teacher are taken into account. Internal cross-comparisons and the situation in the labor market may also be considered additionally.

2bis. Within the salary level, the salary is determined based on the internal cross-comparison.

3. Lecturers at universities of applied sciences who fulfill only two out of three criteria for subject competence according to the job description are classified one salary grade below the salary grade of the corresponding function. Lecturers who fulfill only one or none of the criteria are classified three salary grades below the salary grade of the corresponding function.

4. If the reason for the lower classification according to paragraphs 1 or 3 lapses, affected teachers and lecturers can request a reclassification. Once the necessary documents for assessment are submitted, the reclassification is reviewed and, if the request is granted, implemented at the beginning of the following calendar month.

5. Teachers who do not have full training for their function and are therefore classified into a salary grade below the salary grade specified in the job description may, with additional development in subject competence and successful teaching, generally be classified once into the next higher salary grade after ten years.

6. Teachers classified within the salary grade specified in the job description can be classified into a higher salary grade

a. Upon fulfilling additional tasks with leadership responsibilities,

b. In exceptional cases, upon successfully undertaking additional tasks at the school after completing extensive supplementary education beneficial to the school operation.

7. Teachers of upper and short-term high schools, teachers at the adult maturity school, vocational schools, vocational middle schools, and specialized middle schools, and Teachers I of lower high schools classified within the salary grade specified in the job description can be classified into the next higher salary grade upon fulfilling the following conditions

a. The presence of a master's degree diploma in the subject area from a university or university of applied sciences as well as a higher teaching certificate or teaching qualification for secondary level II,

b. Distinguished by teaching success and commitment, and

c. At least five years of relevant experience at the respective school level.

8. Decisions according to paragraphs 1-2bis and 4-7 are to be made by the competent authority in collaboration with the Personnel Department to ensure consistent classification and grading practices. For municipal and cantonal public schools, the Office of Public School Education is the competent authority for higher classification according to paragraphs 5 and 6.

9. The Office of Public School Education, in collaboration with the Personnel Department, issues guidelines for managing the stipulations in paragraphs 1-2bis and 4-7 for the public school. For cantonal schools, the Personnel Department issues these guidelines in collaboration with the competent departments of the Department of Education and Culture. In the guidelines, particularly the requirement according to paragraph 7a can be disregarded in the presence of a diploma obtained under the old law.

1. Changes in salary steps within the salary grade are made according to the annual directives of the Government Council. Generally, there is an increase of one salary step each year. This is subject to § 8.

2. Salary adjustments within the salary step occur annually. This is subject to § 8. The upper and lower limits of the salary band must be observed. The Government Council determines the available resources and the calculation rules.

3. If the teacher does not fulfill the tasks outlined in the job description, or if there is no or only minimal experience gain due to absences, the competent authority may suspend the increase in salary steps and the salary adjustment within the salary step.

4. The increase in salary steps and the salary adjustment within the salary step occur at the start of the school or academic year.

2. If the financial situation of the canton or the management of the salary bands requires it, the government council may suspend the salary level increase and salary adjustment within the salary level for a school or academic year, respectively.

1. **The teacher may be granted a functional allowance of up to 10 percent of the salary if they are assigned extensive and particularly qualified tasks that are not associated with their position.**

2. **The amount of the functional allowance is determined particularly by the resulting additional workload and the value of the additional work.**

3. **The functional allowance is limited to the duration of the additional tasks, but not exceeding one year. Functional allowances that are extended beyond this period must be approved by the competent department or, in the case of primary school teachers, by the Primary School Education Office.**

4. **Appendix 2 to this regulation governs the functional allowances granted for the exercise of special functions, which are independent of the person and the actual area of responsibility of the teacher.**

1. A substitute teaching assignment is a deployment for a teacher who is prevented from performing their work duties. For substitute assignments lasting up to four months, classification shall be in accordance with paragraph 2. For substitute assignments lasting more than four months, classification shall be in accordance with § 6. For short-term substitutions of a maximum of seven consecutive calendar days, the regulation according to Annex 2 shall remain reserved.

2. Substitutes with a corresponding teaching diploma and specialized training appropriate to the function are classified one salary grade below the salary grade according to the job description. Substitutes who do not possess the specific teaching diploma or specialized training required for the role's competence are classified, depending on the deviation, three to five salary grades below the salary grade according to the job description. § 6 paragraphs 8 and 9 apply mutatis mutandis.

3. Substitutes are generally compensated on an hourly wage basis.

1. Effective January 1, 1990, twelve months of public service with the same public entity shall be considered as service years. The service years as a teacher, as defined in § 1 of the Personnel Regulation, shall be counted as service time with the canton for the purpose of calculating the service anniversary gift. Upon establishing an employment relationship for a teacher, the service years served as an employee of the canton shall be credited. Substitute assignments lasting a maximum of four months shall not be credited.

1. For the use of a private mobile device, teachers are entitled to a flat-rate compensation of a maximum of 300 Swiss Francs per school year if they must regularly use the device to fulfill their official duties and no cantonal device is provided to them.

2. The Department of Education and Culture shall regulate the specifics in a directive. It shall particularly determine the cases in which no cantonal device is provided.

1. Teachers in a permanent employment relationship shall receive, according to the new law effective August 1, 2006, at least the amount corresponding to their salary classification for the month of July 2006, provided that their employment percentage remains the same. Subject to Paragraph 2.

2. Teachers at higher technical schools, universities of applied sciences, and the University of Lucerne in a permanent employment relationship shall receive, according to the new law effective October 1, 2006, at least the amount corresponding to their salary classification for the month of September 2006, provided that their employment percentage remains the same.

3. The assignment to a position and a salary class according to this ordinance and the salary regulations for teachers and school service professionals shall be communicated in writing to the teachers and school service professionals no later than two months after the enactment of these directives.

1. For those teachers in a permanent employment who are reclassified into a new salary class due to the change in law as of August 1, 2012, the salary level will be newly determined. These teachers will receive, as of August 1, 2012, at the same employment level, at least the salary corresponding to their salary classification of July 2012.

1. For those teachers in a permanent employment relationship who, due to the legal amendment effective from August 1, 2016, are classified into a new salary grade, the salary step will be newly determined. These teachers shall receive, as of August 1, 2016, at the same level of employment, at least the salary that corresponds to their salary classification for the month of July 2016.

1. Based on § 4 of the Salary Regulations for Teachers and Specialized Staff of Educational Services, the minimum salaries are established as follows

a. in the school year 2006/2007: minus 4.91 percent,

b. in the school year 2007/2008: minus 2.46 percent,

c. from the school year 2008/2009 onwards, the minimum salaries will be in accordance with the Salary Regulations for Teachers and Specialized Staff of Educational Services.

2. These minimum salaries must be observed during the transition of teachers and specialized staff of educational services to the new salary law as well as for new classifications.

1. The Salary Ordinance for Teachers and Specialists in School Services of April 27, 1999, is repealed.

1. This regulation shall enter into force for the teachers of higher technical schools, universities of applied sciences, and the University of Lucerne on October 1, 2006, and for the other teachers and professionals of educational services on August 1, 2006. It shall be published.