General Regulation on the Application of the Law on the Status of Public Service in Education (RSten), of December 21, 2005 - Scope of Application (RSFP)

[4] 1 Subject to other legal or regulatory provisions, this regulation is applicable to members of the management and teaching staff

a) of cantonal public educational institutions;

b) of public educational institutions created by one or more municipalities or by other legal entities, and recognized by the State.

2. The teaching staff of institutions for children and adolescents whose classes are recognized by the Department of Education and Finance (hereinafter: the department) is also governed by this regulation, subject to other legal or regulatory provisions.

The faculty and teaching and research staff of the University and the universities of applied sciences are subject to specific statutes or regulations.

[5] The appointing authority is

a) the department, for teaching and management staff of cantonal public educational institutions;

b) the department, upon proposal from municipal councils, school committees, or regional school committees for teaching and management staff of public educational institutions created by one or more municipalities or by other legal entities and recognized by the State.

[6] 1 The competent authority to proceed with the provisional engagement of teaching staff (hereinafter: the engagement authority or the authority) is

a) in cantonal public education institutions, the appointing authority, or by delegation, the human resources service (hereinafter: HRSE);

b) in communal or intercommunal public education institutions, the Communal Council, the school committee or the regional school committee or by delegation, the school management.

2. The authority's competencies are exercised, for cantonal public education institutions, by the appointing authority, or on delegation, by the HRSE or the institution's management, as described in the appended list.

[7] If justified by the employment situation, the duration of the commitment, which is two years, may be extended to five years for teaching staff whose activity is part-time (1/3 to 2/3 of a position).

[8] 1 In the cantonal public educational institutions, the appointing authority establishes the duration of the appointment for members of the management. This duration can be either fixed or indefinite.

2. In public educational institutions created by one or more municipalities or by other legal entities and recognized by the State, this competence belongs to the employing authority.

3. When an appointment is for a fixed duration, it is generally renewed at the end of the defined period.

4. When an appointment is not renewed, and subject to cases of dismissal for just cause and serious reasons, the authority shall terminate the service relationship with a written warning given six months in advance for the end of a school semester.

[9] The provisional appointment or nomination is communicated to the successful candidate in the form of a decision, specifying in particular the position, the date of commencement of service, the salary grade, and the initial salary, after consultation with the relevant educational services.

[10] 1. To the extent of the new position occupied, the appointed teaching or administrative staff member who will perform their duties for another regional school center within the school circuit, or for another school circuit, retains the benefit of their appointment.

2. Within a period of one month from the commencement of the new position, the employing authority shall inform the appointing authority of the change of center.

[11] The authority hires teaching personnel through private law contracts in the following cases

a) very part-time activities, i.e., less than one-third of a full-time position, subject to permanent positions;

b) temporary activities;

c) absence of the required teaching credentials;

d) repealed.

[12] 1 In principle, parents or relatives up to and including the second degree, as well as individuals joined by marriage, registered partners, or those living in a common household, shall not be appointed to positions creating direct hierarchical relationships between them.

2. As long as a fair representation of men and women is not achieved, candidates of the underrepresented gender shall be given particular consideration, provided that they have equivalent qualifications and personal circumstances.

3. For positions of responsibility, where qualifications and professional skills are equivalent, priority shall be given to the underrepresented gender.

4. To the extent that the organization of work allows, requests for part-time employment shall be favorably considered.

[13] 1. The public job offer must be published at least once in the Official Gazette. A publication is also made within schools.

2. It is furthermore disseminated on the State's website(s).

3. With the department's authorization, public job offers may be published in the main daily newspapers of the canton, in other newspapers, or in specialized journals.

4. For post-compulsory education, the SHRE alone is competent to order the dissemination or publication of the public job offer.

**[14] 1 The publication or dissemination must:**

a) indicate the vacant or to-be-filled position, its nature, the activities it involves, the starting date, the required professional training, the necessary skills, and any other specific conditions that may be required;

b) systematically use both masculine and feminine forms, and spell out the function in full;

c) indicate, for positions of responsibility, that female applications are highly encouraged;

d) provide candidates with a minimum of 14 days from the date of the first publication to apply.

**2. When the position is likely to be filled through a call process, this must be indicated in the offer, and its publication is limited to the Official Gazette.**

**Professional Mobility is Encouraged, Particularly Through Adequate Information**

Professional mobility is encouraged, particularly through adequate information.

1. The maintenance and development of quality of life at work are encouraged, particularly through informational sessions, individual support, reflection groups, or the conduct of projects.

2. Resources, such as the Support and Prevention Center for Professionals in Educational Establishments (CAPPES), are made available to the educational institutions of the canton and to all professionals working therein.

[15] 1 The department provides a trust group for faculty members who consider themselves victims of psychological or sexual harassment in the workplace.

2. Members of this group receive the concerned individuals upon request, listen to them, seek information if necessary, particularly through hearings, offer mediation, and if this fails or if the severity of the facts requires it, forward the matter to the competent authority or the department. In specific cases, the trust group may call on external interveners.

3. The trust group consists of four members, at least two of whom have excellent knowledge of the educational environment, a representative from a teaching service and a lawyer.

4. A substitute is designated for each member to ensure, among other things, that the concerned individual is not heard by a colleague or a member of the authority upon whom they depend.

[16] 1 When a member of the teaching and administrative staff of cantonal public education institutions is the victim of an offense, or is the subject of a complaint, due to a serious and significant act occurring in the course of their duties, they may, upon request and in view of the circumstances, be granted psychological and legal assistance.

2. The Council of State assigns the human resources department the task of issuing related directives and ruling on the provision of assistance.

[17] 1 Members of the administration ensure the organization and proper functioning of the school they manage and represent, pursuant to the powers conferred upon them by school legislation, the school regulations, and the terms of reference developed by the authority.

2. The administration also assumes the educational responsibility of the institution they manage within the limits set by the department.

3. The administrative task notably includes

a) overseeing the quality and regularity of teaching as well as the application of programs, and ensuring compliance with examination and promotion regulations in particular;

b) monitoring attendance of the instruction, as well as maintaining order and discipline;

c) organizing the academic year and schedules, as well as examination sessions;

d) promoting professional development and continuing education;

e) establishing and maintaining contacts with parents, authorities, and stakeholders interested in the school;

f) participating in the development plans of the relevant level and coordinating teaching sectors;

g) organizing and managing special school, cultural, and sports activities;

h) establishing and adhering to budgets;

i) managing human resources, subject to the competencies of other authorities;

j) administrative management;

4. The teaching load that may be assigned to members of the administration is determined on a case-by-case basis in the terms of reference.

[18] 1. The teaching load that may be assigned to members of the management of compulsory education is determined on a case-by-case basis in the job description.

2. Full-time management members may be partially relieved from their management duties to teach up to 30% of a teaching position at most.

3. Management members who teach more than 30% of a teaching position are granted both management and teaching staff status.

4. For part-time staff who do not benefit from dual status as per paragraph 3 but wish to teach as part of their management role, the teaching percentage is calculated in proportion to their management activity rate.

[19] 1 In agreement with the relevant management member, the authority may exceed the percentage of teaching mentioned in Article 14a, paragraph 2 during one year.

2. At the end of that year, a compensatory measure is established to achieve an average teaching rate of 30% at most over a continuous period of three years, including the year in which the limit was exceeded.

[20] 1 The teaching responsibilities that may be assigned to the executive members of cantonal public educational institutions are determined on a case-by-case basis in the job description.

2. Full-time executive members may teach up to 20% as part of their role as executive members.

3. Part-time executive members may teach, in addition to their role as executive members, up to a maximum of 25% of their engagement as executive members, but not exceeding a full-time position. Beyond a teaching load of 25% of their role as executive members, they are granted a teacher status for the excess.

4. Article 26a, paragraphs 3 and 4 of the Regulation on Public Service Salaries (RTFP), dated March 9, 2005 [21], and Article 17 of the present regulation apply by analogy to the teaching remuneration as an executive member.

[22] 1 No teaching period or additional hour is paid to the members of the management.

2. They may be remunerated in cases of particularly exceptional circumstances and upon decision of the educational authority in the field of compulsory education. A joint decision by the department in charge of post-compulsory education and the SRHE is required in the area of post-compulsory education.

[23] 1 Substitutions of teaching staff carried out by members of the administration do not give rise to compensation.

2 Reserved, in all cases with the agreement of the authority, are permanent substitutions in a teaching environment experiencing significant recruitment difficulties and those carried out during their free time by part-time employed members of the administration.

[24] 1. The teaching staff shall in particular perform the following tasks

a) teaching, based on the objectives outlined by the curriculum plans, official teaching methods, and resources;

b) preparatory, planning, correction, evaluation, and monitoring work related thereto;

c) relations with parents, legal representatives, or adult students;

d) participation in class management and in the operation of the institution;

e) extracurricular activities as referred to in Article 49.

2. The number of weekly periods varies according to the level or nature of the teaching. It is determined for each function by the Council of State.

3. As required, the teaching staff shall attend, in agreement with the competent school authority or school management, professional development courses, continuing education for professional purposes, and general continuing education (hereinafter: continuing education) organized by the department or other recognized bodies.

4. For certain categories of professional teaching staff, depending on the nature of their teaching, the activities and location of course preparation are defined by school management in agreement with the department.

5. For other obligations related to teaching, a job description is established by the authority, after consultation with the concerned personnel.

[25] 1 For a full-time equivalent, the annual working time of teaching staff members amounts to approximately 1,800 hours and consists of the number of lessons delivered as well as the time devoted to other aspects of their role.

2. When teaching periods are canceled, the teaching staff members thus freed are available to the authority, in accordance with their regular schedule, to carry out pedagogical missions.

3. When the authority mandates attendance at a school meeting due to its importance, the summoned teaching staff members participate in its entirety, regardless of their workload percentage. For other school meetings, participation is proportional to the workload percentage.

[26] The hourly index corresponds to the number of weekly periods equivalent to full-time.

[27] 1 The teaching hours of each teacher are determined by the authority, in accordance with educational legislation and the nature of the position.

2. Classes generally have a duration of 45 minutes.

1. As a general rule, teaching staff cannot be assigned a number of periods exceeding that which is attributed to their role.

2. Nevertheless, when required by the organization of the school year or the public interest, the authority may reduce or increase the number of weekly periods by a maximum of two units. In such cases, compensatory measures established between the school administration and the concerned teacher are applied. The overall activity of the person in question within the schools of the canton is then taken into consideration.

3. Paragraphs 1 and 2 do not apply to teaching staff employed under a private law contract, where a variation in the teaching load of plus or minus 25% of their contractual employment rate is permitted without the need to establish a new contract following termination in compliance with contractual deadlines.

4. Temporary continuing education courses, organized by a school and taught by a teacher from that school, are integrated into that person's annual obligations provided they represent the equivalent of at least 39 annual periods.

[28] 1 Any staff member appointed to at least one-third of a full-time position has the right to obtain a reduction in their teaching load.

2. The reduced level of activity cannot be less than 50% of the appointment rate.

3. The request for reduction must be submitted in writing to the authority no later than January 31 preceding the start of the concerned school year. The request may be renewed for an additional school year twice.

4. The right to the reduction can only be exercised again five years after the end of the last school year during which the activity level was reduced.

5. During the specified period, teaching staff members retain their previous status.

[29] 1 Until January 31 of the academic year in which the reduction measure ends, the interested parties shall inform the authority in writing of their choice, namely

b) maintaining a reduced level of activity.

2. The option defined in paragraph 1, letter b, must be accompanied by an adjustment of the appointment rate.

3. Repealed.

4. Repealed.

[30] Education in pairs during the first seven years of compulsory schooling is governed by the ordinance concerning part-time education during the first seven years of compulsory schooling, dated December 11, 1989 [31].

[32] 1 Teaching staff are entitled to the following age-related exemptions

2. Teaching staff engaged in practical work in vocational training are entitled to the following age-related exemptions at index 50

3. The reference age is that reached by August 31 of the relevant school year.

[33] 1 The tenured teaching staff of compulsory schooling classes, with the exception of institutions for children and adolescents, is relieved of one weekly period for socio-educational activities in years 1 and 2 and one weekly period in years 3 to 11 for class management activities.

2. The teaching staff of post-compulsory streams, who are entrusted with class management, is relieved of one weekly period.

3. The relief for class management can be increased to two weekly periods for certain categories of vocational education teachers. The relief is determined based on the number of students in the class subject to management.

1. The department may grant special concessions to teachers assigned to specific tasks.

2. The department maintains a comprehensive list, by area, of these concessions.

1. The department or other recognized entities organize continuing education courses.

2. The department determines the extent to which these courses take place during instructional time and sets the terms.

**[34] Members of the management of compulsory education are required to pursue professional development to ensure the effectiveness of their work, particularly through the Training in Leadership of Educational Institutions (FORDIF).**

[35] 1 In the event of absence due to illness, accident, military service, civil protection, or any other case of force majeure, the person concerned must inform the authority without delay.

2. When the absence exceeds three consecutive working days, the person concerned, whether ill or victim of an accident, must present a medical certificate.

3. In case of a prolonged absence, a new medical certificate must be provided each month. The opinion of the cantonal doctor, in cantonal schools, or a consulting physician, in other schools, may be requested by the employer at any time.

4. The cantonal doctor and the consulting physician may be challenged in accordance with Articles 11 and 12 of the Administrative Procedure Act (LPA), dated March 18, 2025 [36].

5. The expenses resulting from the medical examination shall be borne by the employer unless abuse by the person concerned is established.

6. Repealed.

[37] 1 The teacher who wishes to hold a public office must inform the authority and specify the concerned organization, the specific office in question, and the approximate time required for its exercise.

2. The department responsible for the institution receives communication of the data related to the said office.

During the final months of pregnancy, the authority may grant a relaxation of the schedule or the possibility to perform a different task.

1. Unless otherwise specified, the payment of the supplementary allowance is determined according to the same criteria as those established by the provisions relating to family allowances.

2. However, the fulfillment of an assistance obligation as per Article 278, paragraph 2, of the Swiss Civil Code does not entitle one to the payment of the supplementary allowance.

1. To be eligible for the supplementary allowance, the individuals concerned must submit a request to the authority. They are informed of their right upon engagement.

2. When the beneficiary engages in partial activities with multiple employers who can provide a supplementary allowance of the same nature as that defined in Article 58 of the law, they are additionally required to communicate to the employer who pays the family allowance, the identity of their other employers, as well as the rates of activities carried out with them.

3. If the determining factors that led to the granting of a supplementary allowance change during the year, beneficiaries are required to inform the competent authority of any element likely to modify the decision to grant.

4. In the absence of necessary data for the maintenance or calculation of the supplementary allowance, its payment may be suspended at any time.

1. When two individuals can claim the payment of all or part of the supplementary allowance for the same child, it is paid to the one who receives the family allowance.

2. When a beneficiary is employed on a part-time basis by multiple employers covered by this regulation, the supplementary allowance is paid by the one who provides the family allowance or, failing that, by the one with whom the main activity is carried out.

[38] 1 The loyalty bonus paid to teaching and administrative staff in public educational institutions after twenty, thirty, and forty years of service amounts to 2,000 francs for a full-time position.

2. If the beneficiary has not devoted their full time to their position, the loyalty bonus is set proportionately to the average level of activity over the last ten years.

3. Repealed.

4. Repealed.

[39] 1 For the calculation of the years entitling one to the loyalty bonus, only the complete years of uninterrupted service spent in the employment of the State, a State establishment, or a public educational institution are considered, starting from the date of engagement in a capacity other than as a trainee or apprentice.

2. If a member of the teaching or managerial staff has obtained a leave to engage in another temporary activity, the service rendered to the State, a State establishment, or a public educational institution before and after this event is considered uninterrupted.

3. The payment of the loyalty bonus is suspended if the appointing authority is notified of a dismissal procedure for valid reasons or serious cause; upon conclusion of the procedure, the authority that made the appointment determines the principle, date, and other conditions of the bonus payment.

1. The individuals concerned limit their travel to what is strictly necessary.

2. The authority ensures the application of this rule, particularly by grouping participants and activities that require travel.

1. Teaching staff of an educational institution that oversees multiple schools or colleges do not receive transportation allowances for traveling from one teaching location to another.

2. Exceptions are made for travel that occurs within the context of a half-day of work, provided such travel incurs additional expenses for the individual concerned.

3. Furthermore, subsistence expenses are not reimbursed within a radius of four kilometers from the usual place of work, unless an exception is granted by the authority.

1. Individuals concerned strive to limit their travel expenses.

2. They prioritize using the options offered by public transport companies.

[40] The Use of a Private Vehicle for Business Travel Must Be Authorized by the Authority.

[41] 1 The Council of State contracts insurance covering damages sustained by private vehicles used in accordance with Article 36 during an accident that occurs while on duty.

2. The contractual clauses related to the deductible are enforceable against the driver involved.

3. The case of persons under the authority of a municipal or inter-municipal authority is reserved.

Persons required to travel for official business outside their usual place of work are entitled to an allowance covering their transportation, subsistence, and accommodation expenses, according to a rate determined by the Council of State.

1. Participation in a mandatory continuing education course is considered a business trip and entitles the participant to the allowances provided for in this chapter.

2. The case of mandatory courses organized under the auspices of inter-cantonal agreements is reserved.

1. Expenses for living, accommodation, and transportation incurred by optional continuing education courses taking place within the canton are not reimbursed.

2. The case of optional courses organized under the auspices of intercantonal agreements is excepted.

1. Participation in optional continuing education courses organized outside the canton and recognized by the department is considered a professional trip and entitles the participant to the prescribed allowances, including registration fees.

2. The case of optional courses organized under the auspices of inter-cantonal agreements is reserved.

3. For the State's contribution, participation in an optional continuing education course is subject to prior authorization from the competent school authority and the department.

4. The department may furthermore

Remuneration and Author's Commission Payments Issued to Teaching Staff Members

The presence allowances and author's commission payments provided to members of the teaching staff are determined according to a scale established by the department.

The department establishes the specific provisions by way of directives.

[42] 1. The ancillary tasks related to classroom management, corresponding to a minimum standard of two hours per week and defined by the job description of the personnel of institutions for children and adolescents, entitle one to a monthly allowance of 339 francs, reference amount for 2017, with adjustments for inflation.

2. Those who receive payment for overtime hours are not eligible for this allowance.

3. Institutions for children and adolescents must submit to the department each year a list of the beneficiaries of the allowance defined in paragraph 1.

[43]

[44] 1 Teaching staff take their vacation during school holidays.

2. During the school holidays, teaching staff members freely manage their working time. However, during the week preceding the new school year, teachers may be summoned by the authority to participate in the organization of the school start.

3. Other obligations may be imposed on the teaching staff referred to in article 1, paragraph 2.

4. If a public holiday falls during the school holidays, no compensatory leave is granted.

[45] 1. The annual vacation for members of the management team has a duration of eight weeks.

2. For management members in compulsory schooling who teach more than 30% and thus have both a management and a teaching status, the number of weeks of annual vacation is calculated on a pro-rata basis according to the percentage attributed to each status.

3. The leave corresponds to public holidays.

4. In the event of termination of service, management members are generally required to take the balance of their vacation before the end of their term and in kind.

[46] Article 14, paragraphs 1 and 3 of the Staff Regulations (RDF), dated March 9, 2005 [47], apply by analogy to the members of management.

[48] Article 16 of the Staff Regulations (SR), dated March 9, 2005, applies by analogy to management members.

[49] 1 Taking into account the proposals of the interested parties and the needs of the establishment or service, the superior shall set the vacation period.

2. In case of vacation splitting, one of the periods must include at least two consecutive weeks.

[50] 1. Vacation days for the current calendar year can only be carried over to the following year up to a maximum of 25 days.

2. Any remaining days that are not carried over cannot be compensated.

3. The head of the department or, in matters of compulsory education, the educational authority, may, for compelling reasons, deviate from these provisions.

[51] Article 15, paragraph 1, letter b, and paragraph 2 of the Staff Regulations (RDF), dated March 9, 2005, applies by analogy to the members of management.

Teaching staff members are entitled to leave to attend the annual meeting of their professional association.

[52] Out-of-frame activities are considered school days when the authority determines the program and the students are placed under the supervision of one or more members of the teaching staff.

[53] 1 Part-time teaching staff participate in extracurricular activities in accordance with their rate of activity.

2. In agreement with the concerned part-time teaching staff, full participation in an extracurricular activity may be required by the authority. In such a case, the additional work time is compensated during a subsequent extracurricular activity from which the concerned teacher is exempted.

[54] 1 The authority is competent to grant paid or unpaid leave from one to five days in justified cases.

2. Paid leave is specifically granted in the following cases

a) in the event of the marriage of a public office holder, or their entry into a federal or cantonal registered partnership: 3 days;

b) in the event of the death of the spouse, a registered partner, a parent or first-degree relative: 3 days;

c) in the event of the death of a second-degree relative: 1 to 3 days;

d) repealed;

e) in the event of a move: 1 day;

f) in the event of caring for a sick child: 1 to 3 days;

g) in the case of caring for a family member or partner with health issues: up to 10 days per year.

3. If one of these events occurs during the person's vacation or on a public holiday, no compensatory leave is granted.

[55] Exceptionally, paid or unpaid leave ranging from six days to one month may be granted by the authority.

[56] The appointing authority is competent to grant paid or unpaid leave of longer duration. It sets the terms and conditions thereof.

[57] 1 Maternity leave lasts four months, totaling 122 days. It includes school holidays and public holidays related to it and cannot be staggered.

1bis The vacations of management members are not included in maternity leave.

2. It comprises a minimum uninterrupted period of 98 days from delivery.

3. The remaining leave, totaling 24 days, can be shared with the father or the spouse or registered partner, provided that work organization allows it.

4. Repealed.

5. Breastfeeding the child does not entitle one to additional leave.

[58] 1 A leave of 20 days, which does not include public holidays, is granted to the father upon the birth of one or more children.

2. Except in exceptional circumstances, the first 5 days commence on the day of the birth and are granted consecutively, not including Saturdays and Sundays. If this leave occurs during school holidays, no compensatory leave is given.

3. The remaining 15 days must be scheduled in agreement with the authority, at least 20 days in advance. It is taken in full weeks and allocated as follows

b) 10 days may be taken within 12 months following the birth.

4. This leave must be taken in nature and cannot result in a cash compensation if it cannot be exhausted.

5. Article 32a of the general implementing regulations of the public service status law applies by analogy to members of the management.

[59] 1. Parental leave is determined through agreement with the authority, which defines the terms by considering the proposals of the person concerned and ensuring that work organization is not compromised.

2. The leave must be uninterrupted and cannot be staggered.

3. The request for parental leave must be submitted to the authority at least three months before the date on which the person concerned wishes to take the leave.

[60] 1 In the event of a prolonged hospitalization of the newborn, within the meaning of the federal law on allowances for loss of income due to service and maternity (Loss of Earnings Compensation Act, LAPG), of September 25, 1952, the competent authority grants the mother, at the end of her maternity leave, a paid leave equivalent to the duration of the hospitalization, but not exceeding 4 months.

2. In the case of a couple under the state budget, the leave may be shared with the father, provided that the mother consents and that her portion of the leave is at least 8 weeks.

[61] 1 If the teaching or management staff member is entitled to a care allowance as defined in Articles 16i to 16m of the LAPG, they are entitled to a care leave of up to 14 weeks.

2. The care leave must be taken within an 18-month framework period. This period begins on the day on which the first daily allowance is paid.

3. When both parents are working, they are entitled to only one 14-week care leave, which they may share between them as they see fit.

4. The leave may be taken all at once or in the form of individual days.

5. The head of the establishment is informed without delay of the arrangements under which the leave is taken and of any changes. The administrative and payroll management body is informed of the related data.

[62] 1 Adoption leave, lasting four months and including school holidays and public holidays related thereto, begins from the actual responsibility for the child.

2. It is uninterrupted and, in principle, cannot be staggered.

[63] 1. The appointing authority is competent to grant sabbatical leaves under the conditions provided in Article 75a of the Public Service Statute Act, dated 28 June 1995 (hereinafter: the Act).

2. In public education institutions established by one or more municipalities or by other legal entities and recognized by the State, the appointing authority makes its decision based on the proposal of the hiring authority.

3. The authority and the concerned individual shall set the terms by agreement.

4. The department prepares the necessary documentation for the preparation and implementation of the leaves, in collaboration with representatives of professional associations and the relevant State services.

The authority communicates to the relevant department service the granted leave and its nature.

1. With the agreement of the authority, teachers eligible for early retirement may opt for partial retirement.

2. The authority is informed in the manner and within the time limits prescribed by Article 43 of the law.

3. Partial retirement results in a reduction of salary and allowances proportional to the remaining activity.

4. Transitioning from one level of reduced activity to another is subject to all the conditions set forth in this article.

1. Women wishing to continue their employment beyond the age specified in Articles 38 and 39 of the law must inform the authority six months prior to the date of their standard retirement.

2. The request must specify the anticipated duration of the extension of employment.

[65] 1 When a position is eliminated, the appointing authority terminates the service relationship of the person holding that position in accordance with Article 44 of the law.

2. The authority makes its decision by fairly considering, in particular, seniority, personal circumstances, and the educational assessment provided by the school administration.

3. In public educational institutions created by one or more municipalities or other legal entities and recognized by the State, the employing authority that has made its decision informs the appointing authority of its conclusions and transmits the file so that a decision can be made in compliance with legal deadlines.

4. The same rule applies in the event of a position reduction.

[66] 1 In public educational institutions created by one or more municipalities or by other legal entities and recognized by the State, teaching or managerial staff members who have been appointed and whose position has been eliminated, benefit from a priority in hiring.

2. This priority allows them to be hired with preference for a vacant teaching position corresponding to their profile while retaining their status as appointed public service employees.

3. The priority in hiring does not entitle them to maintain the activity rate corresponding to their appointment; the difference between the proposed activity rate and the appointment rate is subject to an increase in the appointment rate or a reduction in the position in accordance with Articles 44 LSt and 58 of these regulations.

4. The right to priority in hiring extends until the end of the school year following the year in which the position was eliminated. At the end of this period, if the teaching or managerial staff member has not been placed, compensation as defined in Article 44 LSt is paid to them.

5. When several appointed public service employees are eligible for priority in hiring for the same vacant teaching position, the authority makes its choice by fairly considering, in particular, the experience, the result of the job interview, and personal circumstances.

1. The department strives to provide individuals whose positions are eliminated with another equivalent position in a school within the canton or, if not possible, elsewhere in the canton.

2. If necessary, it may issue public job offers to which only these individuals are eligible to apply.

[67] 1 In the event of resignation, teaching or management staff members shall notify their appointing authority in writing within the period prescribed by Article 43 LSt.

2. Once the appointing authority is informed, it shall forward the resignation to the nominating authority within a period of one month.

[68] 1 Procedures for dismissal for just cause or grave reason fall under the jurisdiction of the hiring authority or, by delegation, the school management in accordance with Articles 46 and 80 LSt.

2. Upon conclusion of said procedures, the hiring authority shall promptly transmit the file with its findings to the appointing authority for a decision.

[69] 1 Users of school information technology shall comply with current legal and regulatory provisions, as well as codes of ethics or charters governing the use of information technology within the institutions employing them. They are specifically required to adhere to data protection and security rules, along with intellectual property rights.

2. The following deliberate actions are specifically prohibited

a) Concealing one's identity or using someone else's identity;

b) Unauthorized processing of other users' data;

c) Infringing on their personality and sensitivity, particularly through provocative, immoral, or defamatory messages, texts, or images;

d) Processing of illegal data by means of consultation, downloading, storage, or dissemination;

e) Unauthorized use or copying of software;

f) Downloading of musical, cinematographic, or other works protected by the Federal Act of October 9, 1992, on copyright and related rights.

[70] 1 Data processing carried out on computers connected to the Neuchâtel educational network may be logged to allow the School Informatics and Organization Office (hereinafter: the Office) to verify retrospectively that the data has been processed in accordance with the regulations governing the use of educational informatics. At the request of the relevant hierarchical authority and if there is evidence of a violation, the verification may target a specific user.

2. When the verification reveals minor and isolated irregularities, the Office will alert the concerned user. If violations are repeated or severe, the Office will directly inform the hierarchical authority to which the user reports.

[71] Any violator of the foregoing rules shall be subject to exclusion from the network. Other sanctions, whether administrative or penal, as well as measures within the employer's authority, are also reserved.

[72] 1 The department maintains a list of teachers who have been stripped of the right to teach in the public schools of the canton by binding decision.

2. The list contains

f) the authority that pronounced the dismissal and its duration.

1. The department informs every teacher of their registration on the list or of the removal of their registration.

2. The person concerned benefits from the rights guaranteed by the legislation on the protection of personal information, in particular the right to consult the information concerning them, to have unnecessary entries deleted, and to correct inaccurate data.

The department shall automatically remove the data from the list

d) in the event of the latter's death.

1. The department shall promptly communicate each registration, correction, and removal from the cantonal list to the Conference of Directors of Public Education, which maintains an intercantonal list of the revocations of the right to teach pronounced in Switzerland.

2. Upon written request, the department may communicate data concerning specific cases to the Neuchâtel authorities and educational institutions when such communication is necessary for the execution of their duties.

[73]

[74] 1 The new schedule regarding age-related exemptions comes into effect at the start of the 2017-2018 school year.

2. Full-time teaching staff, hired before December 31, 2016, who have turned 60 before the start of the 2017-2018 school year, are entitled to three exemption periods starting from the 2017-2018 school year.

3. Full-time teaching staff, hired before December 31, 2016, who have turned 61 before the start of the 2018-2019 school year, are entitled to three exemption periods starting from the 2018-2019 school year.

4. Paragraphs 2 and 3 apply by analogy to vocational training practice teachers, subject to the number of exemption periods being increased to four.

[75] The deadline stipulated in Article 18, paragraph 3 of the present regulation is extended until February 15, 2019, for the 2019-2020 academic year.

Are repealed

a) the Teachers' Regulation, of July 3, 1996 [76];

b) the decree regarding the status of appointed teaching staff engaged in part-time activities in public schools, of December 19, 1983 [77];

c) the decree concerning the obligations of members of the management of primary and lower secondary schools, of December 7, 1987 [78];

d) the decree concerning part-time education in public kindergartens, of December 11, 1989 [79];

e) the decree relating to attendance allowances and author royalties paid to teaching staff of cantonal and communal schools, of February 17, 1993 [80];

f) Article 4 and Articles 30, paragraph 2, and 32, paragraph 5, of the General Implementing Regulation of the Public Service Status Law, of March 9, 2005 [81];

g) Articles 9 to 12 and 20-21 of the Regulation concerning allowances paid to holders of public office, of December 20, 2002 [82].

1. This regulation shall enter into force on January 1, 2006.

2. It will be published in the Official Gazette and inserted into the Neuchâtel Legislation Register.

Annex [83]

(RSten, Art. 4, Para. 2)

List summarizes the distribution of powers between the school administration and the SRHE

Authority

School Administration

SRHE

Chapter

Article

Margin Note

2

7

Private Law Contracts

Replacement contracts of less than one month

Replacement contracts of more than one month

4

16

Workload

17

Variation in teaching load

19

Adjustment

21

Reduction for age reasons

25

Absences

26

Exercise of a public office

27

Work arrangements during pregnancy

5

29

Formalities

6

31

Principle

7

33

Principle

34

Teaching Staff

36

Use of a private vehicle

9

46

Teaching Staff

47a

Calculation of vacation entitlement

47b

Loss of vacation entitlement

49

Extracurricular activities

50

Short-term leaves

51

Other leaves

52

Maternity leave

52a

Paternity leave

52b

Parental leave

52c

Leave in the event of newborn hospitalization

54

Sabbatical leave

10

56

Partial early retirement

57

Deferred retirement for women

GENERAL IMPLEMENTATION REGULATION OF THE LAW ON THE STATUS OF PUBLIC FUNCTION IN EDUCATION (RSTen)