Personnel Act (PersG) - Subject Matter (LOIPERS)

1. This decree regulates the employment relationship of state personnel.

1. This decree applies to the employees of

a) Departments and the State Chancellery;

b) Courts and other judicial authorities, insofar as they are not acting in a judicial capacity.

2. It applies, subject to special legal provisions, to the employees of

1. autonomous public-law institutions;

2. independent and autonomous offices assigned to the Department or the State Chancellery.

3. The government shall, by ordinance, determine which provisions of this decree are applicable to individuals who perform tasks for the canton on a secondary basis in accordance with special legal provisions.

1. The canton is committed to a modern, socially responsible, and economically sustainable personnel policy.

2. It respects and protects the personality of the employees and takes their health into consideration.

1. The government and the independent public law institutions according to Article 2, Paragraph 2, Number 1 of this decree shall establish instruments for the design and implementation of personnel policy and ensure a grade-appropriate personnel and management development.

2. They shall regularly review the implementation of the personnel policy.

1. The canton is committed to social partnership.

2. Social partners consist of the government and the associations of state personnel.

3. The government shall issue supplementary provisions concerning the organization of social partnership by means of regulation.

1. The government informs the associations of state personnel early and comprehensively about the development and implementation of personnel policy as well as important personnel matters.

2. It provides the associations of state personnel with the opportunity to give feedback or conducts negotiations and hearings, particularly on

a) Amendments to this decree;

b) Issuance and amendments of regulatory law and further implementing provisions related to this decree;

bbis)* Developments in the wage system;

c) Restructuring of the state administration;

d) Transfer of parts of the state administration to third parties;

e) Issuance of a social plan.

3. It issues supplementary provisions by regulation.

1. The government informs the employees promptly and comprehensively about the design and implementation of personnel policy.

1. Insofar as this decree and the regulations issued pursuant to it, as well as specific legal provisions, do not stipulate otherwise, the provisions of the Swiss Code of Obligations of March 30, 1911, concerning employment contracts shall be applied accordingly.

1. Acting as Employer under this Decree

a) Government, Departments, and State Chancellery;

b) ...

c) Authorities of courts and other judicial bodies designated by law or intergovernmental agreement;

d) Authorities of autonomous public legal entities and other institutions designated by law or intergovernmental agreement.

2. The special legal provisions concerning parliamentary services, financial control, and data protection agency remain reserved.

1. The government is responsible for the establishment and termination of the employment relationship of

a) the Secretary General;

b) the Head of an Office;

c) the Head of the Service for Political Planning and Controlling;

d) ...

e) other employees according to special legal provisions.

2. It may extend the competence for establishment and termination to additional employment relationships by regulation.

1. To the extent that the government is not responsible, the departments and the state chancery are responsible for the establishment, termination, and structuring of the employment relationships of their employees.

a)* ...

b)* ...

2. The department may transfer its authority, in whole or in part, to the general secretariat as well as to offices and institutions, and the state chancery may transfer its authority to its agencies.

3. The office and the institution may transfer the authority for structuring the employment relationship to subdivisions.

1. The courts and other judicial authorities are responsible, according to specific legal provisions, for the establishment, termination, and structuring of the employment relationships of their employees.

1. The independent public law institutions and other entities are responsible, according to specific legal provisions, for the establishment and termination, as well as the structuring, of the employment relationships of their employees.

1. The Personnel Office

a) assumes a strategic role in the development and formulation of the government's personnel policy;

b) supports the government, the departments, the state chancellery, the courts, and other judicial authorities, as well as the independent public-law institutions and other entities in the implementation of personnel policy and in the uniform application of personnel law;

c) ensures personnel administration for the government, the departments, the state chancellery, as well as the courts and other judicial authorities. It may also take over personnel administration for independent public-law institutions and other entities.

2. The government shall issue provisions by regulation regarding the duties and competencies of the Personnel Office.

1. The employment relationship is governed by public law, unless otherwise specified by law.

1. The employment relationship is established by the conclusion of the written employment contract.

1. Employees elected by the people or the Cantonal Council establish their employment relationship through a valid election and the conclusion of a written employment contract.

2. If the employment contract is not concluded and the employee commences work, the employment relationship is established under the conditions offered by the employer.

3. If the contracting parties do not agree on the content of the employment contract when initially establishing the employment relationship, the employee may file a public law claim before the administrative court.

1. Commencement of the Employment Relationship

a) on the day specified in the employment contract;

b) in the case of an elected term of office, on the first day of the term or, during an ongoing term, on the day the official duties commence. This is subject to any differing agreement in the employment contract.

1. The first three months of the employment relationship are considered a probationary period. Exempt from this is an employment relationship that exists for the duration of a term of office.

2. If the employee is unable to work during the probationary period due to illness, accident, maternity leave, fulfillment of a legal obligation, or for operational reasons, the probationary period will be extended by the duration of the absence.

3. The employer and the employee can, by mutual agreement, shorten the probationary period or waive it altogether.

1. The employment relationship ends

a) with the duration agreed upon in the employment contract or the expiration of the term of office;

b) by termination;

c) by mutual agreement to dissolve the employment contract;

d) for reasons of age;

e) in the event of full or partial disability of the employee qualifying for a pension, according to the provisions of the cantonal pension scheme;

f) upon the death of the employee.

2. The parties to the contract may regulate the early termination of the fixed-term employment relationship in the employment contract.

1. The contracting parties may terminate the employment relationship by giving a notice period of three months to the end of a calendar month. A different notice period pursuant to the employment contract remains reserved.

2. The contracting parties may terminate the employment relationship during the probationary period by giving a notice period of seven calendar days.

1. Termination by the employer requires a sufficient objective reason.

2. After the probationary period has expired, a sufficient objective reason is present, particularly if the termination of the employment relationship occurs

a) for economic or operational reasons, such as restructuring or elimination of positions;

b) due to incapacity for work for health reasons;

c) due to inadequate work performance or unsatisfactory conduct by the employee;

d) due to serious or repeated culpable breach of duties from the employment relationship;

e) due to serious culpable conduct outside the employment relationship that is clearly incompatible with it.

1. The contracting party may terminate the employment relationship without notice if, according to principles of good faith, continuation of the employment relationship is unreasonable for them.

2. Termination without notice results in the immediate dissolution of the employment relationship.

1. Notice of termination shall be communicated in writing.

1. The employer may, for significant public or operational reasons, release the employee from work duties during the regular notice period until the termination of the employment relationship.

2. Any income earned from other employment during the period of release will be deducted from the salary. The contracting parties can agree on a different arrangement.

1. The employment relationship can be terminated during illness or accident at the earliest at the time when salary continuation ends, unless the employee fails to comply with the reporting obligation or does not sufficiently cooperate in care due to illness- and accident-related incapacity to work.

2. The following are reserved

a) termination during the probationary period;

b) summary dismissal.

3. Furthermore, the provisions of the Swiss Code of Obligations of March 30, 1911, regarding protection against dismissal, are applied accordingly.

1. The provisions regarding termination by the employer, as outlined in Articles 20 to 25 of this enactment, do not apply to employees elected by the people or the cantonal council.

1. The government may grant a severance payment of up to one year's salary.

2. It regulates the conditions and assessment by ordinance.

1. Termination of Employment Due to Age

a) For employees appointed for a fixed term, the employment relationship ends with the expiration of the term during which they reach the age of 65. This is subject to any special statutory provisions or a differing agreement in the employment contract;

b) For all other employees upon reaching the age of 65 at the end of the month.

2. The employer and the employee may mutually agree to postpone the termination of the employment relationship due to age beyond the age of 65.

3. This provision does not apply to employees elected by the public or the Cantonal Council.

1. Exclusion from Membership in the Cantonal Council

a) Employees who are subject to the direct authority of the Head of Department or the State Secretary, specifically

1. Secretaries General;

2. Heads of Offices and Institutions;

3. Heads of Legal Departments;

4. Heads of the Services of the State Chancellery;

5. Heads of Independent Public Law Institutions;

6. Heads of Cantonal Psychiatric Clinics;

b) Employees of the Parliamentary Services;

c) Employees of the Financial Control;

d) Head of the Cantonal Office for Data Protection;

e) Deputies of the employees mentioned in letter a and d of this provision;

f) Members of the District Courts, the Insurance Court, and the Administrative Appeals Commission.

1. The Canton

a) respects the personality of the employees;

b) protects the life, personal integrity, and health of the employees;

c) ensures that employees do not become victims of discrimination;

d) takes the necessary measures, based on experience, applicable to the state of the art and appropriate to the conditions at the workplaces, for the protection and preservation of the health of the employees.

1. The canton provides legal assistance when an employee is legally challenged in connection with the fulfillment of their duties, and pursuing legal action appears appropriate to protect their rights.

2. The government shall issue supplementary provisions by decree.

1. The canton promotes and supports the professional development and continued education of employees.

2. The government issues supplementary regulations, particularly concerning

a) Cost bearing;

b) Conditions and scope of cost reimbursement by the employee;

c) Conclusion of further education agreements.

1. If the nature of the task requires it, the employment contract may

a) specify the time period within which the employee, upon request by the supervising authority or during on-call duty, must be present at the place of service;

b) stipulate that the employee must occupy the service residence available at the place of service.

1. The government issues regulations concerning

a) Working hours, service hours, and overtime;

b) Public holidays and days of rest;

c) Vacations;

d) Paid and unpaid leave.

**1. Employees are entitled, pursuant to the provisions of this decree, to:**

a) Salary;

b) Allowances;

c) Additional compensation.

1. The Salary is Determined

a) by the job requirements;

b)* by personal characteristics, particularly education, qualification, performance, and experience of the employee;

c)* within the framework of reference functions and the salary ranges assigned to them.

2. Comparable education, qualification, performance, and experience entitle one to equal pay for the same or equivalent work.

3. If employment was temporarily suspended for the unpaid fulfillment of family, parental, or caregiving obligations, the experiences associated with this are taken into account.

1. The government reviews the wages annually.

2. It determines the changes by regulation within the framework of the credits approved with the state budget. It takes into account the development of the cost of living, the general economic and labor market situation, as well as the financial situation of the canton.

3. The change generally takes effect at the beginning of a calendar year.

1. The annual variation shall not deviate from the annual inflation rate according to the national consumer price index by more than 3 percentage points.

2. The national consumer price index may exceed or fall below by a maximum of 6 percent.

3. The decisive factor is the level of the national consumer price index in October of the previous year.

1. The Maintenance of the System of Reference Functions under Art. 36 Para. 1 Letter c of this Decree is entrusted to a Reference Functions Commission. It is appointed by the government and is particularly responsible for

a) acting as a decision-making body for the allocation of positions to reference functions within the departments and the State Chancellery as well as other judicial authorities. Para. 2 of this provision remains reserved;

b) serving as an advisory body regarding the allocation of positions to reference functions within the courts and parliamentary services.

2. The Reference Functions Commission may submit cases of fundamental importance concerning the allocation of positions to reference functions in the departments and the State Chancellery to the government for decision.

1. The following are provided

a)* ...

b) the child allowance in accordance with the legislation on child allowances.[6]

1. The employer may grant

a) a functional allowance upon undertaking additional tasks;

b) in special cases, a market allowance to recruit or retain employees.

1. In special cases, a variable wage component may be agreed upon in the employment contract.

1. The survivors of a deceased employee, for whom the employee provided full or partial support, shall be entitled to receive wages and allowances for the month in which the employee died and for two additional months.

1. The Employer Provides for

a) Inconvenience Allowances for work performed outside of regular working hours or under difficult conditions;

b) Expense Allowances as reimbursement for duly substantiated work-related expenses.

1. The employer recognizes exceptional performance and exceptional conduct by employees by awarding extraordinary performance bonuses.

2. The Cantonal Council allocates an amount annually in the budget for extraordinary performance bonuses.

1. Employees shall receive a loyalty bonus based on the duration of their employment relationship, for the first time upon the completion of the 10th year.

1. Employees are entitled to

a) Continued payment of wages in the event of

1. incapacity to work due to illness or accident;

2. maternity;

3. service in the military, civil protection, and fire department as well as performance of civil alternative service;

b) occupational pension benefits;

c) accident insurance;

d) benefits from the social plan.

1. Continuation of salary payments during illness lasts for 24 months within a period of three years.

2. It amounts to 100 percent of the salary during the first twelve months and subsequently 80 percent of the salary.

3. The government may conclude an insurance policy and require employees to contribute half of the premiums.

1. Continuation of Wage Payment in Case of Accident

During the first twelve months, the continuation of wage payment in the event of an accident amounts to 100 percent, and during the subsequent twelve months, 80 percent of the wage.

1. Reduction of Continued Salary Payment in Case of Illness and Accident

The continued salary payment in the event of illness and accident is reduced insofar as it, together with pensions and other substitute incomes, exceeds the benefits pursuant to Articles 47 and 48 of this decree.

1. Continuation of Salary Payments During Maternity Lasts Sixteen Weeks. It is calculated based on the average salary, taking into account the employment level of the nine months prior to the birth.

2. Furthermore, the provisions concerning maternity compensation in the federal legislation regarding income compensation are applied accordingly.

1. Continuation of Salary Payment for Services in the Army, Civil Protection, and Fire Brigade, as well as Performance of Civilian Alternative Service is as follows

a) During the first month, 100 percent of the salary;

b) From the second month onwards

1. 90 percent of the salary for employees who are married, in a registered partnership, or are obligated to provide support according to the provisions of the Swiss Civil Code;

2. 70 percent of the salary for other employees.

2. Services as mentioned in paragraph 1 of this provision are equivalent to similar commitments in the service of the community, particularly in rescue services.

3. Benefits from the Income Compensation Ordinance are transferred to the canton to the extent of the continued salary payment.

1. The government shall issue supplementary provisions by ordinance concerning wages, continued wage payment, and additional compensations, including those related to reference functions, as well as the organization and tasks of the reference function commission.

2. The government shall regulate by ordinance the obligation of an employee to remit financial compensation not included in the salary for activities that may be performed during working hours by agreement with the employer.

1. The canton insures employees against the economic consequences of old age, disability, and death.

1. The canton insures the employees against the consequences of occupational and non-occupational accidents in accordance with the provisions of the Federal Accident Insurance Act of March 20, 1981.

2. The premiums are borne by

a) the canton for the occupational accident insurance;

b) the employees for the non-occupational accident insurance.

1. The government may issue a social plan when employees lose their jobs due to operational restructuring or the closure of offices.

1. The authorities responsible for the enforcement of this decree process personal data of employees, insofar as it is necessary and suitable for the employment relationship.

1bis On behalf of the authorities responsible for the enforcement of this decree, personal data as well as particularly sensitive personal data and personality profiles may be processed if

a) it is indispensable for ensuring proper record-keeping and

b) it is carried out by persons entrusted with ensuring proper record-keeping.

2. They are authorized to disclose the personal data necessary for the processing of insurance cases to the insurance companies involved in the insurance relationship with the canton.

1. The employer collects personal data concerning the establishment of an employment relationship, insofar as such data is necessary and appropriate for assessing the suitability, performance, and conduct relevant to the employment relationship.

2. Personal data is, whenever possible, collected from the individual concerned. If the employment relationship does not materialize, the data is returned or destroyed, unless the individual concerned consents to its retention.

1. Additionally, the provisions of the Data Protection Act of January 20, 2009, shall apply.

1. The employee can turn to the employer in the event of conflicts and request an amicable resolution. He or she generally follows the proper channels.

2. The employee may involve a trusted person.

1. The employee may contact the Ombudsman in cases of conflicts or disputes arising from the employment relationship in which the employer has neither imposed a personnel measure nor issued a termination.

2. The Ombudsman advises the parties involved. It may make recommendations.

3. The Ombudsman consists of

a) the representatives of the Personnel Office designated by the government;

b) the employees of the state administration designated by the associations of state personnel.

1. The Employee

a) performs the tasks personally, diligently, conscientiously, economically, and lawfully;

b) protects the interests of the Employer.

**1. The employee does not breach their duty of loyalty if they report grievances to the internal reporting body in good faith.**

2. The government issues supplementary regulations by ordinance

a) for the protection of employees who report grievances under paragraph 1 of this provision;

b) regarding the organization and procedure of the internal reporting body.

1. The employee shall report to the employer or the designated authority without delay

a) Inability to fulfill tasks;

b) Incapacity for work due to illness or accident. The supervisor may request a medical certificate;

c) Changes in personal circumstances, insofar as they are relevant to the employment relationship.

1. The employee shall inform the employer in advance of any secondary employment and public offices undertaken for remuneration.

1. The employer may prohibit the exercise of public office or secondary employment or impose conditions if they adversely affect or could adversely affect the fulfillment of duties, or if they are otherwise incompatible with the employment relationship. Exempt from this are public offices for which there is a legal obligation to take over.

2. The employer may terminate the employment relationship if the employee does not comply with the conditions or continues to hold a public office or secondary employment despite the prohibition of such exercise.

1. The employer may have a medical examination conducted by a trusted physician to clarify the effects of illness and accidents on the employee's ability to fulfill their work duties.

2. The trusted physician informs the employer about the extent and duration of the incapacity to work.

1. The employee keeps confidential any facts that are secret by their nature or under specific regulations. The provisions of the Freedom of Information Act of November 18, 2014, remain reserved.

2. The duty of confidentiality continues after the termination of the employment relationship.

1. The employee is not permitted to accept or claim gifts or other benefits in connection with their professional activities.

2. Exceptions are minor, socially customary gifts and benefits.

1. The employee must neither go on strike themselves nor induce other employees to do so if the work stoppage

a) would endanger the provision of essential services necessary for life, health, and safety of the population;

b) would prevent or delay the fulfillment of fundamental security tasks.

1. The employee relinquishes rights to inventions and copyright-protected works that he or she creates in the course of performing duties within the scope of the employment relationship. The rights, regardless of their protectability, belong to the Canton.

2. The waiver occurs regardless of whether inventions and copyright-protected works are created in fulfillment of or not in fulfillment of duties arising from the employment relationship.

3. The Canton provides appropriate compensation for the rights to inventions and copyright-protected works that have been transferred to it, which were not created in fulfillment of duties arising from the employment relationship, if these hold significant economic importance. Article 332 paragraph 4 of the Swiss Code of Obligations of March 30, 1911, is applied accordingly.

1. Instead of or prior to ordering a personnel-related measure, the employer may

a) admonish the employee;

b) criticize the behavior of the employee.

1. The employer may supplement the warning or reprimand with

a) Granting a probationary period;

b) Assignment of other tasks with the same salary;

c) Threat of termination of the employment contract.

2. The warning and reprimand are issued in writing when they are supplemented in accordance with paragraph 1 of this provision.

3. This provision does not apply to employees elected by the people or the cantonal council.

1. If there are indications that the employee has violated duties from the employment relationship, an administrative investigation may be initiated to clarify the facts.

2. The employee may request the initiation of an administrative investigation against themselves.

3. An external person may be commissioned to conduct the administrative investigation.

1. Competent authorities for the initiation of an administrative investigation are

a) the Cantonal Council with respect to members of the government and the State Secretary, as well as judges of the Cantonal Court, the Administrative Court, and the Insurance Court;

b) the Administrative Court with respect to judges of the Administrative Appeals Commission;

c) the Cantonal Court with respect to judges of the District Courts as well as members of conciliation authorities, insofar as they are employed by the Canton;

d) the Indictment Chamber with respect to public prosecutors, youth attorneys, and case officers with prosecutorial or youth attorney powers;

e) the employer according to Art. 9 of this enactment with respect to other employees.

1. The employer may impose personnel-related measures if

a) The performance or behavior of the employee does not meet the requirements;

b) The employee violates obligations arising from the employment relationship.

2. This provision does not apply to employees elected by the public or the Cantonal Council.

1. Personnel Measures are

a) Assignment to other tasks with a reduction in salary;

b) Suspension, if

1. criminal proceedings have been initiated against the employee;

2. there are public interests;

3. operational reasons require it;

c) Termination and immediate termination.

1. The affected employee shall be given the opportunity to present their views

a) before the issuance of a termination;

b) before the imposition of a personnel-related measure.

1. The Administrative Appeals Commission adjudicates employment-related legal actions in the first instance, and the Administrative Court in the second instance.

2. The initiation of an employment-related legal action requires prior conciliation proceedings before the Conciliation Body for Personnel Matters.

3. Conciliation proceedings and the initiation of employment-related legal action

a) do not suspend the time limits in the event of termination of the employment relationship;

b) do not have a suspensive effect on employment-related measures.

1. Personnel Law Action may be Initiated

a) Against personnel measures taken by the employer, with the exception of termination and immediate dismissal;

b) To assert claims related to property rights

1. arising from the employment relationship;

2. due to termination or immediate dismissal. The basis of the claim constitutes a violation of Articles 20 to 23 of this decree.

2. Excluded from the personnel law action under paragraph 1 letter b of this provision are claims of the employee arising from public law insurances.

1. The personnel-related lawsuit is excluded in the following cases

a) Establishment and contractual regulation of the employment relationship;

b) Promotion decisions;

c) Decisions regarding the granting of extraordinary performance bonuses.

2. The exclusion of the personnel-related lawsuit does not apply if the violation of a constitutional right is claimed.

1. The personnel law complaint before the Administrative Appeals Commission must be filed within three months from the conclusion of the conciliation procedure.

1. The decision of the Administrative Appeals Commission can be appealed to the Administrative Court within fourteen days.

1. The procedure is governed by the provisions of the Administrative Procedure Act of May 16, 1965, concerning public-law claims before the Administrative Appeals Commission.

2. No official costs shall be levied. Article 114 letter c of the Swiss Civil Procedure Code of December 19, 2008, shall be applied accordingly.

1. The Conciliation Board in Personnel Matters is composed of

a) the chairperson and deputy chairperson designated by the government, neither of whom are in an employment relationship with the canton;

b) one regular member and one substitute member each designated by the associations of state personnel;

c) one regular member and one substitute member each designated by the government, who are in an employment relationship with the canton, serving as representatives of the employer.

2. The Conciliation Board conducts proceedings in a panel of three.

3. Deputy chairpersons act in the absence of the chairperson, and substitute members act in the absence of regular members.

1. Anyone who wishes to claim compensation due to termination must submit the conciliation request by the end of the notice period at the latest.

1. The conciliation body in personnel matters generally conducts the conciliation hearing within one month of the submission of the request for conciliation.

2. It may conduct a second conciliation hearing with the consent of the contracting parties.

3. The contracting parties shall appear in person. The chairperson may grant exceptions in individual cases.

1. The Arbitration Board in Personnel Matters

a) hears the contracting parties;

b) advises the contracting parties;

c) endeavors to reach an amicable settlement.

1. The Conciliation Board for Personnel Matters concludes the conciliation procedure with the determination that the contractual parties have reached an agreement or that the conciliation procedure has failed.

2. It communicates the determination in writing

a) to the contractual parties;

b) to the department, state chancellery, court, or other judicial authorities, if a subordinate office to these entities is a contractual party.

3. The procedure before the Conciliation Board for Personnel Matters is free of charge.

1. The government issues supplementary regulations by ordinance concerning

a) the organization of the conciliation board in personnel matters;

b) the conciliation procedure.

1. Magistrates are

a) Members of the government council;

b) State Secretary;

c) Cantonal judges;

d)* Full-time members of the administrative court.

1. The government issues a salary regulation for magistrates.

2. The salary regulation requires the approval of the cantonal council.

1. The government may issue regulations concerning the employment relationship of magistrates that deviate from this enactment. These require the approval of the cantonal council.

2. Furthermore, this enactment shall be applied to magistrates accordingly.

1. Employment relationships that were established by decree prior to the commencement of this ordinance shall be continued as employment relationships in accordance with the provisions of this ordinance. The decree shall be replaced by a public-law contract if it requires amendment.

1. The probationary period ongoing at the commencement of this decree continues according to the previous law.

1. If the claim according to Article 46 letter a in conjunction with Articles 47 to 51 of this decree arose before its enforcement commenced, the continued payment of salary shall be calculated according to this decree. The services provided under previous law shall be credited.

1. The provisions of this decree regarding personnel measures and dispute resolution shall also apply to employment relationships established by administrative order.

2. Proceedings that are pending at the commencement of the enforcement of this decree, which concern the employment relationship or claims arising therefrom, as well as pending disciplinary proceedings, shall be resolved by the authority competent under the previous law and according to the procedure determined by the previous law.

1. Articles 107 as well as 109 and 110 of this decree shall be appropriately applied to the employment relationships of public primary school teachers that were established by order before the commencement of enforcement of this decree.

1. The government determines the commencement of this decree's enforcement.