Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
130.1 STVG CH-OW

Art. 45 State Administration Act (StVG) - Type and Justification of the Employment Relationship

Civil Service - Employment Relationship - State Personnel
Open official source Full Act (67 Articles) Machine-readable Markdown (.md)

Art. 45 StVG - Type and Justification of the Employment Relationship · Type and Justification of the Employment Relationship

1. The employment relationship of state personnel is established by a public-law contract within the framework of legal regulations.

2. In the case of election by the people or the Cantonal Council, the Governing Council shall provisionally conclude a public-law service contract with the candidates, subject to the corresponding electoral reservation.

3. In special cases, a civil law employment contract may be concluded, particularly for temporary staff, teaching or internship positions, or for fixed-term employment relationships. Insofar as this contract does not contain any differing provisions, the regulations of the Code of Obligations shall apply.

← Art. 44 StVG State Administration Act (StVG) - Scope Art. 46 StVG →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (6)

VVGE.2007.08.Nr.25 · ow (Art. 45 Abs. 3 StVG)
Employment Contract Status for Hospital Personnel Upheld
This provision was mentioned as a basis for the cantonal council's authority to regulate employment relationships in ordinances, even for special cases like civil law employment contracts.
VVGE.2007.08.Nr.25 · ow (Art. 45 Abs.1 StVG)
Employment Contract Status for Hospital Personnel Upheld
This provision was used to explain that the employment relationship of state personnel is generally based on public law contracts, but civil law contracts can be used in special cases.
VVGE.1999.00.Anhang.I · ow (Art. 45 Abs. 1 StVG)
Cantonal Employment Law Dismissal Procedures and Compensation
Basis for the public-law nature of the employment relationship.
VVGE.1999.00.Anhang.I · ow (Art. 45 Abs. 3 StVG)
Cantonal Employment Law Dismissal Procedures and Compensation
Specifies cases where private-law employment relationships are permissible.
VVGE.1999.00.Anhang · ow (Art. 45 StVG)
Public Employee Dismissals Under Cantonal Law
Cited as the basis for the public-law employment relationship as the general rule.
VVGE.2001.02.Nr.1 · ow (Art. 45 Abs. 1 StVG)
Public Authority Dismissal Lawful, Pension Contributions Not Deductible from Severance
Cited to establish that employment relationships for state personnel are based on public-law contracts.