Act on Public Law Employment Relations (Personnel Act, PersG) (Personalgesetz, PersG) - Scope 1. Canton (PersG)

1. This law applies to individuals employed by the canton.

2. ...

1. This law applies to persons employed by the municipalities.

2. The eligible voters of the municipality may, in a regulation

1. enact provisions that deviate from the cantonal personnel ordinances; or

2. authorize the administrative council to enact, by ordinance, provisions that deviate from the cantonal personnel ordinances.

3. In execution

1. the municipal assembly fulfills the tasks assigned to the district council by the personnel legislation;

2. the administrative council fulfills the tasks assigned to the government council by the personnel legislation.

4. The adjustment of the salary total for the following year according to Art. 33 para. 2 no. 2 and para. 3 must be guided by the decision of the district council for cantonal personnel.

5. The remuneration of municipal teaching staff is governed by Art. 23 of the Education Act.

1. This law applies to individuals employed by independent public-law institutions of the canton and municipalities, insofar as the cantonal or municipal special legislation does not provide otherwise.

2. The administrative authority of the institution may issue regulations that deviate from the personnel ordinances of the canton. These require approval by the government council.

3. In execution, the administrative authority of the institution exercises the tasks and powers assigned by the personnel legislation to the district council or the government council.

1. Employment relationships are governed by public law.

1. To the extent that no specific regulation is contained in the personnel legislation, the provisions of the Swiss Code of Obligations shall apply mutatis mutandis.

1. The Joint Personnel Commission advises the Executive Council on fundamental personnel matters and provides opinions on essential personnel decisions.

2. It consists of six members, with two members appointed by the Executive Council, one member appointed by the Supreme Court, and three members appointed by the Association of Cantonal Personnel Unions; if this association does not submit a nomination in due time, the Executive Council also appoints their members.

1. The Personnel Office is the general staff unit for personnel matters of the Executive Council, the administration, and the courts.

2. It collaborates directly with the line positions responsible for leadership. It can provide opinions on all personnel and organizational decisions.

3. ...

1. The personnel policy of the government council is guided by the performance mandate, which is fulfilled in accordance with the principles of legality, expediency, proportionality, and efficiency.

2. In particular, it establishes the prerequisites for the employment and promotion of suitable employees, for market-based remuneration, and for a contemporary work organization.

1. Open positions must be publicly advertised at least in the employer's electronic job bulletin on the internet.

2. With the exception of positions where the government council or the legislative council is the employment authority, an advertisement may be waived for

1. positions limited to a term of up to one year;

2. positions filled by a person already employed by the employer; or

3. positions with a part-time workload of up to 30 percent.

3. If an advertisement is unsuccessful or its result is inadequate, the position may be re-advertised or filled through appointment.

1. The District Administrator determines which employees are to be chosen by him or by the judicial authorities.

2. The Government Council appoints the Chief Clerk, the Heads of Offices, as well as the employees directly subordinate to it. Within the framework of the legislation, it designates the hiring authority for the remaining personnel of the directorates, offices, and departments.

1. The employing authority may establish personal requirements, in particular proof of qualification, education, and experience, for filling a position.

2. It may, in justified cases, require Swiss citizenship and prescribe residing within a limited vicinity of the workplace.

3. The employer may require the presentation of extracts from registers. The government council shall determine, by regulation, which register extracts may be requested.

1. If individuals who receive retirement benefits under the federal legislation on occupational retirement, survivors' and disability pensions (retired employees) are employed, a new employment relationship is established.

2. The relevant duration for the entitlement to salary in the event of inability to work and for the entitlement to loyalty premiums begins anew for retired employees.

3. Retired employees have no entitlement to severance pay.

4. In the case of partial retirement of existing employees (partially retired employees), no new employment relationship is established.

1. The employment relationship is established by a written contract.

2. The employment contract is concluded by the hiring authority or by the government council for employees elected by the county council.

1. The District Administrator designates the employees who are required to take the official oath or vow of office.

1. The employment is subject to a contrary provision for an indefinite duration.

1. The employer respects the personality of the staff and takes the necessary measures to protect life, health, and personal integrity.

2. The employer protects its employees against unjustified attacks and claims.

1. The competent authority may conduct an internal procedure against employees in accordance with Art. 14 para. 2 if there is suspicion that they have intentionally or negligently breached their duties.

2. Any breaches of duty must be capable of impairing the proper fulfillment of professional obligations, the reputation, or the trustworthiness of the office or the cantonal administration.

3. The employee has the right to request the initiation of an internal procedure concerning their own person.

4. The internal procedure can be discontinued at any time.

1. A procedure according to Art. 18 may be initiated even if civil or criminal proceedings are ongoing.

1. The competent authority according to Art. 14 para. 2 may temporarily relieve the affected employees from their duties during the course of an internal procedure.

2. Before ordering the temporary relief, the affected person must be heard.

3. During the temporary relief, the salary cannot be withheld.

1. The conclusion of the internal procedure shall be communicated to the affected employee with a written report.

2. The costs of the internal procedure may be imposed wholly or partially on the employee in the event of reckless or willful behavior.

1. The personnel interview between the direct supervisor and the employee serves the purpose of assessing the current situation, examining the necessity and economic efficiency of fulfilling tasks, agreeing on goals, promoting cooperation and professional development, as well as performance evaluation.

2. The personnel interview takes place annually; the government council may establish exceptions for specific personnel categories.

3. The performance evaluation cannot be contested within the framework of the right to appeal.

1. Employees are entitled to an individual wage for their work.

1. The individual salary is supplemented by

1. * Social allowances (birth allowance, family or support allowance, as well as child and education allowances);

2. Recognition bonuses for extraordinary achievements;

3. Loyalty bonuses;

4. * Inconvenience allowances.

2. The entitlement to child and education allowances is governed by the legislation on family allowances[4].

3. The conditions for entitlement to the other allowances are regulated by the Government Council in the implementation ordinance. For the entitlement to loyalty bonuses, all years of employment with the same employer are considered countable. The apprenticeship period as well as unpaid leave of more than one month are not credited.

1. Additional Compensation Shall Be Provided

1. for mandated overtime work that cannot be compensated with time off;

2. for professional engagement outside the workplace.

1. In the event of involuntary inability to work due to illness, pregnancy and childbirth, accident, and fulfillment of legal obligations, employees are entitled to wages. The entitlement to wages ends no later than the termination of the employment relationship.

1. The wage is generally paid out monthly.

2. Claims by the employer that are directly related to the employment relationship, as well as contributions to insurance, may be offset against the wage.

1. The heirs of employees who have died during the term of the employment relationship are entitled to a posthumous salary benefit.

1. Each position is assigned to a function and performance salary band.

2. The performance salary band supplements the function salary band and is limited by the maximum possible salary.

3. The Executive Council determines the function and performance salary bands; it may increase or decrease them.

4. For each performance salary band, it sets a target range for a performance-based salary in the form of a salary guideline; it may adjust this to changing circumstances.

1. The functional wage is the compensation for the demands and burdens of a position, independent of performance and experience.

2. The performance wage is the individual wage component newly determined annually by the superiors.

1. The individual salary is determined annually by the supervisors based on the performance evaluation and the position within the performance salary band or the deviation from the salary guideline. It may be increased or decreased without notice as of January 1st.

2. The executive council may deviate from the performance salary band in justified cases.

1. The wage sum is the amount provided for fulfilling the service mandate for the payment of individual wages.

2. Social allowances, recognition bonuses, loyalty bonuses, and the necessary funds for salary continuation after termination are not part of the wage sum.

1. The district council establishes the salary budget for the following year upon the request of the governing council or the supreme court.

2. The previously allocated salary budget shall be adjusted as follows

1. by the amount resulting from the expansion or reduction of the mandate of services;

2. by the amount for general and performance-based salary adjustments.

3. The district council may additionally adjust the salary budget of the canton and the municipalities to account for the labor market or the salary structure.

1. If the mandate is expanded after the budget has been approved, the district council is required to provide the necessary funds by adjusting the salary sum.

2. The supplementary credit must be approved simultaneously with the expansion of the mandate.

1. The government council determines how the available funds are to be distributed in general and based on performance.

1. Employees are entitled to at least four weeks of paid vacation and, in individual cases, to leave.

1. The employer shall promote and support the education and training of staff through appropriate measures.

1. The employer shall enter into a collective daily sickness benefits insurance for the staff; the governing council shall determine the participation of the insured in the premium payments.

1. The employer insures the personnel against the consequences of accidents; the government council determines the insured individuals' contribution to the premium payments for non-occupational accident insurance.

1. Occupational retirement provision is governed by the legislation concerning the cantonal pension fund.

2. The Government Council shall establish, within the framework of the approved credits, the specific savings plans applicable to the staff; Article 17 paragraph 3 of the Pension Fund Act remains reserved.

1. Employees have the right to regular information. They have the right to express themselves on all operational and personnel matters and to submit proposals.

2. The employer maintains the social partnership. The body for participation in all fundamental issues of the employment relationship is the working group of the cantonally active personnel associations.

1. Employees are required to perform the tasks assigned to them carefully, conscientiously, and economically while adhering to the Constitution and legislation, and to protect the interests of the employer in good faith.

1. Employees are prohibited from soliciting, accepting, or allowing themselves to be promised gifts or other advantages for themselves or for third parties in relation to their professional duties.

2. Illegally received gifts and other advantages shall be forfeited to the employer.

1. Employees are required to keep confidential any observations made in the performance of their duties that relate to their professional responsibilities.

2. The duty of confidentiality remains in effect even after the termination of the employment relationship.

3. Where it is in the interest of the case, the competent directorate may release employees from the duty of confidentiality in writing.

4. The duty of confidentiality does not apply

1. to supervisory bodies and authorities within their area of responsibility;

2. where legal provisions provide for exceptions.

1. Employees must grant other offices access to files and provide information if this is necessary for the fulfillment of their statutory duties and if doing so does not violate the legitimate interests of the affected person, which outweigh the public interest.

2. In cases of doubt, the responsible directorate shall decide, subject to appeal to the government council.

1. Employees are not allowed to go on strike.

1. Employees may be required to perform tasks for which they were not expressly hired, insofar as it can be reasonably expected of them based on their qualifications, abilities, and previous work. In particular, there is a duty of substitution.

1. Employees are required to report the undertaking of a paid professional or secondary occupation or a mandate to the appointing authority in advance.

2. The appointing authority may prohibit the undertaking of the paid secondary occupation or mandate by order if this could lead to a conflict of interest or excessive time demands. Subsequently, the exercise of the secondary occupation or mandate may only be prohibited if there has been a significant change in circumstances since the proper notification.

3. If the employee continues to engage in the paid secondary occupation or mandate despite a final prohibition, this constitutes a substantial ground for termination pursuant to Art. 59 para. 1 no. 5.

1. For the election to an authority permissible within the framework of legislation, the approval of the government council or the competent judicial authority is required.

2. Membership in the authority must not impair the fulfillment of duties.

3. It must also be determined whether a salary deduction should occur for the time utilized during regular working hours.

1. The Hiring Authority is entitled to require employees, in justified cases, to reside within a limited vicinity of the workplace.

1. Employees record their working hours and their performance.

2. The working hours are allocated to the performance.

1. Employees are obligated to perform overtime work outside of the prescribed working hours if the workload requires it and if the supervisor orders the overtime.

1. Employees are required to recuse themselves and delegate the matter to their deputy or superior

1. in matters concerning themselves, or when they have any direct personal interest in the matter;

2. * in matters involving a person who is related by blood or marriage in a direct line or up to and including the third degree of the collateral line;

2a. * in matters involving the spouse or partner from a registered partnership;

2b. * in matters involving the spouse or partner from a registered partnership of siblings;

3. * in matters involving adoptive or foster parents, an adoptive or foster child, as well as a person for whom they act as guardian or custodian;

4. in matters involving a legal entity of public or private law, to which they belong as an organ, and in matters involving a general or limited partnership, of which they are a member;

5. * in matters in which they are related, in accordance with items 2, 2a, and 2b, to the attorney or the authorized representative of a party;

6. in matters in which they themselves, or a party, demand recusal due to substantiated doubts about their impartiality.

2. Disputes are decided by the superior authority.

3. Further provisions of the legislation concerning recusal remain reserved.

1. The appointing authority may request extracts from registers from employees in justified cases.

1. The Employment Relationship Terminates by

1. Termination;

1a. * Dissolution due to Disability;

2. Dissolution by Mutual Agreement;

3. Expiry of the Term According to the Contract;

4. Early Retirement;

5. Reaching the Retirement Age;

6. Death.

1. The appointing authority terminates employment relationships with employees who have been declared disabled by social security, in compliance with the ordinary deadlines and dates.

2. The employment relationship is terminated in whole or in part according to the level of disability as per the degree of invalidity.

3. The termination order by an appointing authority designated by the government council requires the approval of the government council. The government council issues the termination order along with the approval decision.

4. An objection to termination orders due to disability can be raised within 20 days after notification.

5. An appeal against the objection decision can be filed with the administrative court within 20 days after notification.

1. The employment relationship may be terminated by either contracting party.

2. The authorities responsible for the termination by the employer are

1. the judicial authorities for their employees;

2. the district office for employees elected by the district council;

3. the government council or the employment body designated by it for all other employees.

3. The termination by an employment body designated by the government council requires the approval of the government council. The government council announces the termination together with the approval decision.

1. The notice period is three months to the end of the month, or during the probationary period, seven days to the end of the calendar week.

1a. The probationary period is three months.

2. For teachers, during the first year, a notice period of 2 months to the end of a semester applies, and in employment relationships exceeding one year, a notice period of 6 months to the end of July, unless a different arrangement is expressly agreed upon in the employment contract.

3. Notice periods agreed upon in the employment contract take precedence.

4. After a notice of termination has been given, the date of departure may be set differently from the notice period by mutual agreement.

1. For important reasons, the employment relationship may be terminated at any time without notice.

2. An important reason is specifically considered to be any circumstance in which the continuation of the employment relationship cannot reasonably be expected of the party giving notice, in good faith.

3. The employee's inability to perform work through no fault of their own shall not, under any circumstances, be considered an important reason.

1. The termination must be made in writing.

2. The employee is only required to justify the immediate termination.

3. The competent authority according to Art. 55 para. 2 must provide reasons for the termination in every case; it must hear the affected parties before the termination.

1. According to Art. 56, termination can occur if there are substantial reasons. Substantial reasons exist in particular if

1. the employee is long-term or permanently unable to fulfill their duties;

2. * the position is abolished or adjusted to new organizational or economic circumstances;

3. the employee provides insufficient performance;

4. the employee demonstrates a lack of professional, leadership, or social competence;

4a. * the employee insufficiently cooperates with supervisors and colleagues in line with mutual objectives;

5. the employee has violated contractual or statutory obligations;

6. the employee has committed a criminal offense that is incompatible with proper duty fulfillment in good faith.

2. If termination is to be issued due to a lack of the necessary professional, leadership, or social competence, or due to unwillingness to cooperate or insufficient performance, the employee must initially be given a reasonable probationary period.

3. Granting a probationary period is not required

1. * during the probation period;

2. * for employees who have reached the regular retirement age according to Art. 71.

4. No substantial reasons need to be present for employees who are in the probation period or have reached the regular retirement age.

1. An objection to the termination can be raised within 20 days after notification has been served

1.1. with the competent judicial authority by its employees;

1.2. with the district council office by employees elected by the district council;

1.3. with the government council by all other employees.

1. An appeal against the objection decision can be filed with the administrative court within 20 days of its delivery.

1. Objection and Administrative Court Appeal Do Not Have a Suspensive Effect.

1. If the Administrative Court deems a termination inadmissible within the meaning of Article 57 or Article 59, it issues a declaratory decision.

2. This decision is to be communicated to the parties and the appointing authority.

1. In the event of an unlawful termination by the employer, the former employee is entitled to compensation, but not exceeding half of the previous annual salary.

2. The entitlement lapses as soon as the offer of continued employment at an equivalent position by the hiring authority is rejected.

1. If an employment relationship is terminated by the employer's notice of termination or by mutual agreement, a severance compensation of up to half of the previous annual salary may be granted.

2. Employees who have reached the age of 62 may only receive compensation in accordance with Article 65a.

3. The government council decides on a case-by-case basis about the payout and amount of the severance compensation.

1. In the event of early retirement after reaching the age of 62, there is an entitlement to severance compensation if

1. the early retirement occurs due to termination by the employer or mutual agreement to dissolve the employment relationship; and

2. the performance of professional duties is limited due to proven health issues, or the position is abolished or adjusted to modified organizational or economic conditions.

2. The compensation is provided in the form of a contribution to the pension fund to finance a replacement AHV pension. The entitlement to severance compensation lapses if no further contributions can be made to the pension fund.

3. The amount of the contribution is to be determined so that, up to the attainment of the regular retirement age according to federal legislation on old-age and survivors' insurance [7], an AHV replacement pension of 4 percent per completed service year, but no more than 60 percent of the uncapped maximum and simple AHV retirement pension, can be granted. The contribution is proportionally reduced based on the average working percentage of the last five years.

4. The government council decides on the entitlement and the amount of the contribution.

1. A termination by the employer is invalid if it

1. Results from the proper enforcement of legal or regulatory provisions;

2. Is pronounced due to a characteristic inherent to the employee's own personality, unless this characteristic is related to the employment relationship or significantly impairs collaboration in the company;

3. Is solely intended to prevent the establishment of claims by the employee from the employment relationship;

4. Occurs because the employee asserts claims from the employment relationship in good faith;

5. Is pronounced because the employee performs compulsory Swiss military or protective service or Swiss civilian service, or fulfills a legal obligation that was not voluntarily assumed;

6. Is connected to the role as an elected staff representative;

7. Occurs because the employee belongs or does not belong to a staff association, or because they lawfully engage in union activities;

8. Occurs at an inopportune time according to Art. 336c para. 1 of the Swiss Code of Obligations (OR).

1. The nullity of the termination must be asserted with the objection according to Article 60.

2. Any subsequent assertion of nullity is inadmissible.

1. An appeal against the objection decision can be filed with the Administrative Court within 20 days after receipt of delivery.

1. Objection and Administrative Court Appeal Do Not Have a Suspensive Effect.

**1. If the termination is void, the employee has the right to appropriate continued employment in an equivalent position.**

**2. If continued employment is not possible without fault on the part of the employee, there is a right to full compensation for damages; benefits from AHV (Old Age and Survivors Insurance), IV (Invalidity Insurance), accident insurance, military insurance, and equivalent foreign social insurances are fully creditable in the calculation of damages compensation.**

1. Employees ordinarily retire at the end of the month in which they reach the age of 65.

1. Employees have the right to retire at the end of any month after reaching the age of 58, provided they give six months' prior written notice.

2. For teachers, early retirement is only possible at the end of July, in compliance with a six-month notice period.

1. Employment may be extended by mutual agreement beyond the normal retirement age until a maximum of the completion of the 70th year of age. For teaching staff, the employment relationship is to be extended until the end of a school year.

2. The appointing authority and the employee must agree in writing on the continuation of the employment relationship no later than six months before reaching the normal retirement age.

1. Upon termination of the employment relationship or upon request, employees shall be issued an employment certificate or a confirmation of employment.

1. The employer processes only personal data that is necessary for the employment relationship.

2. Personal data may be collected in relation to filling a position to the extent that it is necessary for assessing suitability, performance, and behavior for the employment relationship. If the person is not hired, these data are returned or destroyed unless the individual concerned agrees to further retention.

1. Employers to whom this law applies are entitled to systematically use the AHV number in accordance with the AHVG for the fulfillment of their legal duties.

1. Personal Data of Employees May Only Be Disclosed

1. if a legal basis permits it;

2. if, in a specific case, it is indispensable for fulfilling a public task of the recipients;

3. if the affected person has given written consent in a specific case;

4. for the state calendar, directories of authorities, and similar reference works.

1. Employment authorities are required to submit the personal data of employees to the personnel office following their departure.

1. Employees have the right to access personal data concerning them. They may request the correction of incorrect data or the addition of a brief counterstatement.

1. Employees must be heard before the issuance of an order that adversely affects them.

1. Orders from the superior authority may, subject to differing provisions, be appealed to the Government Council or the Higher Court within 20 days of receipt by filing an administrative complaint.

2. Against orders and administrative complaint decisions of the Government Council or the Higher Court, an appeal may be lodged with the Administrative Court within 20 days of receipt.

3. The procedure shall be governed by the provisions of administrative justice.

1. In disputes arising from employment relationships up to the amount specified in Art. 114 lit. c of the Swiss Code of Civil Procedure (ZPO), employees shall not be charged procedural costs, provided that they have not instituted the proceedings frivolously.

1. The Law of February 4, 1998, on the Organization and Administration of the County Council (County Council Act) is amended as follows: ...

1. The Act of April 20, 1971, on Cantonal and Municipal Authorities (Authorities Act) is amended as follows: ...

1. The Law of April 28, 1974, on the Organization and Administration of Municipalities (Municipal Act) is revised as follows: ...

1. For existing employees born between 1951 and 1955, who retire early in accordance with Art. 72, the employer shall pay a transitional pension until they reach the statutory AHV retirement age, amounting to 70 percent of the maximum AHV old-age pension and any additional AHV child pensions.

2. Transitional pensions shall only be paid if the employee was previously insured in accordance with pension fund legislation. For part-time employees, the payment will be proportionate, based on the average work commitment over the last five years.

3. The transitional pension will be reduced if the assessable income exceeds 80 percent of the gross salary earned prior to early retirement. Assessable income includes benefits from pension funds, AHV, IV, accident insurance, military insurance, and equivalent foreign social security schemes.

1. For former employees born between 1956 and 1959 who retire early according to Art. 72, the employer shall pay a transitional pension until the ordinary AHV retirement age is reached, but at the latest until the year 2020, in the amount specified in Art. 83a.

2. A transitional pension will only be paid if the employee does not retire before reaching the age of 61.

1. If an employee is entitled to both a severance payment pursuant to Art. 65a and a transitional pension pursuant to Art. 83a or 83b, only the higher of the two benefits shall be paid.

2. For the comparison calculation, the transitional pension is to be capitalized at the time of early retirement.

1. The Government Council enacts the provisions necessary for the implementation of this law.

2. Subject to Article 85, it regulates in implementing ordinances, in particular

1. working hours;

1a. * telecommuting;

2. personnel assessment;

3. the salary system and remuneration;

4a. * recognition bonuses for extraordinary services;

4b. * inconvenience allowances;

5. additional compensations;

6. remuneration in the event of work impediment;

7. loyalty bonuses;

8. salary continuation;

9. the duration and taking of vacations;

10. the conditions for the granting of leave;

11. the duration and taking of maternity leave as well as the extent of remuneration during maternity leave;

12. the crediting of work absences due to illness, accident, fulfillment of legal obligations, leave, and pregnancy and childbirth against vacations;

13. training and further education;

14. the suggestion system and the awarding of premiums;

15. the use of parking by employees;

16. detailed provisions regarding the internal procedure according to Article 18;

16a. * detailed provisions regarding data protection;

17. the approval of membership in authorities.

1. The government council may conclude collective labor agreements with personnel associations for all personnel or individual personnel categories in accordance with Art. 84.

2. Once enacted, the collective labor agreement becomes part of the individual employment relationships.

3. Collective labor agreements for employees in the judiciary are concluded by the government council together with the higher court.

4. If a contract is not concluded within a reasonable period after the commencement of negotiations, the area shall be regulated by law.

1. The Performance Mandate in the year 1998 corresponds to the total amount of wages paid out in that year. These figures constitute the assessment bases for the year 1999.

1. This law is subject to an optional referendum; it shall be published in the official gazette.

2. It shall come into force on January 1, 1999, and shall be incorporated into the compendium of laws.

3. All provisions conflicting with it are repealed, in particular, the law of April 24, 1994, concerning the employment relationship of civil servants and employees (Civil Servants Act), and the implementing ordinance of April 19, 1990, regarding the law on the employment relationship of civil servants and employees (Civil Servants Ordinance).