Implementing provisions on sheltered workshops - Principle

1. The cantonal administration may offer protective workplaces in addition to the staff positions duly approved in the staffing plan, within the framework of the budget.

1. Protective Workplaces are intended to enable employees of the state administration as well as third parties with reduced work capacity to remain in the work process or to re-enter it.

1. There is no entitlement to a sheltered workplace.

2. A sheltered workplace is primarily available to employees of the state administration within the meaning of Art. 1 para. 2 letter a of the State Administration Act, who are limited in their performance due to health reasons.

3. Provided that circumstances allow, employees of the state administration within the meaning of Art. 1 para. 2 letters b and c StVG and third parties may also claim a sheltered workplace if they are limited in their performance due to health reasons.

1. Employees of the state administration within the meaning of Art. 1 para. 2 let. a StVG, who wish to claim a protected workplace, must

a. provide evidence that their reduction in earning capacity has been medically assessed and amounts to at least 30 percent; and

b. credibly demonstrate that there is a risk of losing their job.

2. Employees of the state administration within the meaning of Art. 1 para. 2 let. b and c StVG, as well as third parties who wish to claim a protected workplace, must

a. receive benefits from the disability insurance (in-kind or monetary benefits); and

b. credibly demonstrate that they can reintegrate into a regular employment relationship after working in a protected workplace.

1. The Personnel Office regulates the employment relationship in agreement with the affected department or the affected office through a private law contract, and particularly determines the salary based on the specific circumstances.

2. The employment relationship is generally limited to one year.

3. The employment relationship can be extended

a. for employees of the state administration as per Art. 1 para. 2 let. a StVG, by a maximum of two years. In exceptional cases, the Finance Department can further extend the employment relationship by one year, but not exceeding two years;

b. for employees of the state administration as per Art. 1 para. 2 let. b and c StVG and for third parties, by two years.

4. The employment relationship can be terminated by either the canton or the employee at any time with a notice period of three months at the end of a month.

1. The Personnel Office

a. assists the departments and offices in the creation of sheltered workplaces;

b. manages the credit approved in the budget;

c. collaborates with the relevant department or office and the disability insurance in the identification and design of sheltered workplaces.

2. The Finance Department decides on the creation of a specific sheltered workplace.

1. The costs for sheltered workplaces are financed wholly or partially with the budget amount approved by the Cantonal Council. The departments or offices that offer sheltered workplaces may participate in covering the costs.