Act on State Personnel - Purpose

1. The law regulates the employment relationship of Solothurn's state personnel.

1. This law applies to the full-time and part-time staff of the cantonal administration, the courts, the cantonal schools, the cantonal institutions, and the cantonal police corps, as well as, subject to a differing collective labor agreement, the staff of the cantonal hospital (hereinafter referred to as civil servants or state personnel).

2. For court personnel, the special provisions of the judicial organization remain applicable; for teaching staff, those of school legislation; and for the cantonal police corps, the law on the cantonal police applies.

3. The cantonal hospital may additionally enter into contractual arrangements with the chief physicians and senior physicians.

4. For the employment relationship of the members of the government council, this law applies mutatis mutandis, provided no special regulations are applicable.

5. The law applies to part-time state expert committees insofar as this is expressly stipulated.

6. ...

1. The highest governing body of the Pension Fund of the Canton of Solothurn is responsible for the implementation of the law concerning the employment relationship with its personnel, where the law authorizes it to do so.

2. This authority can be delegated within the framework of the Federal Act on Occupational Old Age, Survivors' and Invalidity Pension Provision (BVG) of June 25, 1982.

1. For the teachers of the elementary school, the law applies as subsidiary law, insofar as the relevant legislation or municipal law contain no provisions.

1. The provisions of the law apply fundamentally in the same manner to both male and female state personnel, particularly regarding the establishment and termination of employment relationships, salaries, and promotions.

2. The government council promotes gender equality in public service through appropriate measures.

1. Public Servants perform the duties assigned to them by the Constitution, law, and their job description.

2. They assist the public within their area of responsibility by providing information and advice.

1. Public officials perform their duties in the public interest according to the principles of legality, equality before the law, and proportionality.

2. They safeguard legitimate public and private interests and weigh them against each other.

3. They consider the economic and social impacts of their actions when fulfilling their duties.

4. Within the public service, they ensure a relationship of mutual trust.

1. The Government Council promotes the initial and continuing education, as well as the further training of state personnel. For this purpose and to prepare for state service, it conducts courses and other events or supports them.

2. State employees are entitled, within the scope of official requirements, to attend courses and events during working hours or with them being counted towards working hours; within the framework of § 35, they are obligated to do so.

3. With the approval of initial and further education, the obligation to continue the employment relationship for a limited time and/or the obligation to fully or partially cover costs may be associated.

1. Responsibility and Liability are governed by the Liability Act. The provisions regarding disciplinary responsibility are applicable only to male or female civil servants.

1. The Government Council shall regulate by ordinance the cases in which legal assistance is to be granted to state personnel.

1. The employment relationship of state personnel is governed by public law, subject to the provisions of Paragraph 2. If no regulations can be derived from this, the recognized principles of public employment law shall apply, and where such principles are also lacking, the provisions of the Code of Obligations shall apply mutatis mutandis.

2. In justified cases, the government council may decide on employment for individual persons or entire groups of persons that is governed exclusively by civil law.

1. Persons elected by the people or by the Cantonal Council for a term of office are officials.

1. Employees are individuals who are employed for a definite or indefinite period and whose employment relationship can be mutually terminated.

1. The Cantonal Parliament approves the expenditures necessary for the proper fulfillment of the state's duties related to personnel, premises, and facilities according to the provisions of the Law on Performance-Oriented Public Administration of September 3, 2003. The regulations concerning the financial referendum remain reserved for the construction of administrative buildings and participation in such constructions.

1. No one has the right to be elected or appointed to a public service position.

1. Newly vacant positions must be publicly advertised if necessary.

2. The election or appointment authority may fill a position by appointment, provided that the selection is not delegated to the public by the constitution or law.

3. The advertisement must list the legal requirements or those specified by the election or appointment authority.

1. Prerequisite for Election or Employment is Swiss Citizenship or a Permanent Residency Permit for Foreign Nationals.

2. Other Foreign Nationals may be Appointed as Officials, Public Servants or Employees if there are no Suitable Swiss Citizens or Foreign Nationals with Permanent Residency Permits available for the Position in Question, or if there are Existing International Agreements on Free Movement.

1. The hiring or election authority decides based on the suitability for the tasks in question. Whenever possible, the diverse population groups, particularly genders, regions, and political orientations, are to be appropriately considered.

2. Supervisors have the right to make proposals, except in elections by the people or by the Cantonal Council.

3. The employment relationship is established through a written public law contract, unless the constitution or law provides for election by the people or by the Cantonal Council. The employment contract can be concluded for a fixed term or an indefinite period.

4. Fixed-term employment contracts may be concluded for a maximum of four years. If they last longer overall, they are deemed to be indefinite. For assistant doctors and senior doctors without FMH specialist certification, a period of five years applies.

1. The first three months of an indefinite employment contract are considered as a probationary period. In fixed-term employment contracts, a probationary period applies only if it is agreed upon in the employment contract.

2. The probationary period can be extended by a maximum of three months by agreement.

3. ...

4. During the probationary period, the employment relationship can be terminated by either party at any time with a notice period of one month. The employing authority must provide a reason for the termination.

5. For civil servants, no probationary period applies.

1. The Cantonal Council elects, in addition to the persons named in the Cantonal Constitution, the Council Secretary or the Council Secretary.

2. The Governing Council, or the competent authority according to § 2bis, is the employing authority.

3. The Governing Council can delegate appointments to the departments, to the Personnel Office, as well as to Solothurner Spitäler AG and to the Solothurn Building Insurance.

4. The Judicial Administration Commission is the employing authority in accordance with the provisions of the Law on Judicial Organization. It can delegate appointments to the Cantonal Personnel Office.

1. For civil servants, the duration of the service relationship corresponds to the duration of the respective term of office. The service relationship begins on August 1 following the election of the Cantonal Council and ends on the day the term of office expires (July 31).

2. If the service relationship is not renewed, the government council may grant elected civil servants a severance payment in accordance with § 33 paragraph 2. The details are regulated by ordinance.

1. Members of the Government Council may not engage in any other profession or trade.

2. They may not hold positions as directors or managers or as members of the administration, supervisory body, or control body in organizations of public or private law. Exceptions are made for membership in the administration of organizations of public or private law with charitable or ideal purposes, as well as for representations of the canton in organizations of public and private law, if the law or agreements between these organizations and the canton of Solothurn provide for such representations, or if the Government Council decides on a representation.

**1. Neither the Executive Council nor the Superior Court or District Courts may simultaneously include relatives in a direct line and persons related by marriage.**

**2. No person in the following relationships of consanguinity or affinity to a member of the Executive Council may hold the following positions:**

a) the State Secretary;

b) the Head of the Financial Administration;

c) the Head of the Financial Control.

**3. The same applies in the mutual relationship for:**

a) the Head of the Financial Administration and the Head of the Financial Control;

b) the Heads of the District Office, the Presidents of the District Courts, and the District Court Clerks of the same district or administrative unit and their deputies;

c) the members of the Superior Court and the Clerk of the Superior Court;

d) the Court Clerks and the Presidents of the District Courts of the same administrative unit.

**4. The exclusion provisions apply correspondingly to spouses, registered partners, and individuals in a de facto cohabitation.**

1. The appointing authority may suspend employees at any time if significant public or operational interests or an administrative investigation so require.

2. The appointing authority shall decide on the continuation, reduction, or withdrawal of the salary. In the case of suspension for operational reasons, full salary must be paid in any event.

3. A decision regarding back payment shall be made no later than with the decision on the continuation or termination of the employment relationship.

1. Civil servants can, upon their request and without stating reasons, be released from the service relationship at the end of a month during their term of office. The notice period for resignation is three months.

2. The notice period for terminating the employment relationship after the probationary period is three months for both parties. If the employment relationship is established for up to one year, the notice period is one month for both parties. If a position is abolished and no other work area can be assigned to the affected person, the notice period for the employer is six months. Paragraph 3 remains reserved.

2bis. In the case of a termination according to § 27 paragraph 4 letter d, the notice period for the employer is six months.

3. A longer notice period can be agreed upon in the employment contract. It must not exceed six months.

4. The termination must be declared at the end of a month. It must be made in writing by both parties.

1. Competent Authority for Approval of Resignation During Term of Office is

a) the Council Leadership of the Cantonal Council for

1. the Council Secretary,

2. the Head of Financial Control,

3. the Commissioner for Information and Data Protection;

b) the Government Council for

1. the Members of the Government Council,

2. * ...

3. the Chief Public Prosecutor and his or her Deputy,

4. the Senior Public Prosecutors, Public Prosecutors, Senior Juvenile Prosecutors, as well as the Juvenile Prosecutors;

c) the Judicial Administration Commission for all officials in judicial functions.

2. The resignation request shall be approved if it does not impair significant interests of the canton.

3. The Cantonal Council may abstain from the re-election of officials without stating reasons.

1. Employees may terminate their employment relationship without stating reasons. The employing authority is required to provide reasons for the termination.

2. ...

3. The employing authority may terminate the employment relationship after the probationary period if substantial reasons justify this action.

4. Substantial reasons are present if

a)* the position is entirely or partially abolished and reassignment to another work area is not possible;

b) the employee is unable to fulfill his or her duties due to a lack of suitability (professional, leadership, or social competence), delivers inadequate performance, or if his or her behavior gives rise to justified complaints;

c)* the employee has committed a criminal act that is incompatible with the faithful and diligent performance of duties;

d)* modified employment conditions according to § 35bis are proposed to the employee and he or she does not consent to them within one month.

5. A termination by the employing authority pursuant to Paragraph 4, Letter b, can only occur if the employee has previously been granted a reasonable probationary period and has been warned that failure to meet expectations would result in termination. The regulation outlines the procedure.

6. The termination procedure shall follow the Administrative Procedure Act.

7. The termination of civil law employment relationships shall be governed by the Code of Obligations.

1. After the probationary period, in the event of work incapacity due to illness or accident, a waiting period of twelve months applies. Furthermore, the provisions of the Code of Obligations regarding termination at an inopportune time shall apply mutatis mutandis.

1. Any termination without substantial cause is abusive.

2. The termination of the employment relationship by the employing authority is void if it

a) is related to the proper fulfillment of tasks and enforcement of legal or regulatory orders, or with the activity as a staff representative;

b) is issued during the period of continued salary payment according to § 47 paragraph 1 letter b.

1. The employment relationship of civil servants can be terminated by either party at any time for important reasons without adherence to notice periods.

2. An important reason is considered any circumstance which makes the continuation of the employment relationship unreasonable in good faith. The loss of election or appointment requirements is also considered an important reason.

3. If the election or appointment requirements are lost, the election or appointment authority may extend the employment relationship by a maximum of three months if the circumstances justify it.

4. Responsible for termination is

a)* the Cantonal Council with respect to members of the Executive Council or the highest cantonal courts, the Council Secretary, as well as the Head of Financial Control;

abis)* the Court Administration Commission with respect to members of the District Courts and lower instance cantonal courts, as well as court personnel.

ater)* the responsible body or the director of the Pension Fund of the Canton of Solothurn with respect to the pension fund personnel of the Canton of Solothurn;

b) the Executive Council with respect to all other civil servants; it can delegate this competence to the appointing authority.

5. The procedure is governed by the Administrative Procedure Act.

1. The employment relationship may be terminated by mutual agreement.

1. The employment relationship terminates when the employee is prevented from fulfilling their duties for a long-term or permanent period, upon the expiration of the entitlement to continued salary payment (Section 47, paragraphs 1 and 2).

1. The employment relationship of officers and employees ends upon reaching the retirement age set by the Executive Council.

2. Paragraph 1 does not apply to the Pension Fund of the Canton of Solothurn.

1. The Accountability Act applies to disciplinary dismissal.

1. If the court has deemed the termination of the employment relationship to be abusive and continued employment at the previous workplace or at another equivalent position is not possible, the employee is entitled to compensation of at least six months' wages and at most one year's salary.

2. The Government Council or the competent authority as per § 2bis may grant severance pay of a maximum of one year's salary

a) if the assignment to another work area according to § 27 paragraph 4 letter a is not possible;

b) exceptionally and insofar as it is in the interest of the canton, if an employment relationship is terminated by mutual agreement.

3. The amount of compensation according to paragraphs 1 and 2 is determined particularly by

a) the duration of the employment relationship;

b) the age of the employee;

c) the severity of the abusiveness;

d) the social situation of the employee;

4. ...

1. Civil servants are obligated to diligently fulfill their official duties and to acquire current knowledge in their field of expertise.

2. They may be required to temporarily or permanently perform other reasonable duties within the civil service.

**1. The employer may offer civil servants a restructuring of their employment relationship with reasonably modified working conditions in connection with a reorganization, which shall take effect no later than the first day of the month following a period of seven months.**

1. The Executive Council determines the working hours. In the event of extraordinary workload, it may temporarily order overtime.

2. Paragraph 1 does not apply to the Pension Fund of the Canton of Solothurn.

1. Civil servants are required to establish their residence in the canton. For significant private reasons, the government council may grant exceptions.

2. The hiring authority may, for operational reasons, require employees to reside in a specific location or area or to occupy a service apartment.

1. Civil servants are obliged to maintain confidentiality regarding matters that come to their knowledge in their official capacity or that are to be kept secret by nature or by special regulation.

2. This obligation remains in effect after the termination of the employment relationship.

3. The duty of confidentiality also applies to members of auxiliary official state expert panels.

4. Information that is publicly accessible under the Information and Data Protection Act is not subject to official secrecy.

1. Civil servants may express themselves in court on matters that have come to their knowledge due to their official position only with the authorization of the Government Council.

2. The authorization must be refused if important public interests justify this.

3. The same applies to court requests for the release of administrative records.

4. The Government Council may delegate the authorization to the competent departments as well as to Solothurn Hospitals AG and the Solothurn Building Insurance.

4bis. The authorization of employees of the Pension Fund of the Canton of Solothurn is the responsibility of the competent body according to § 2bis.

5. Special legislation remains reserved.

1. Public servants are prohibited from accepting gifts or other advantages for official acts or from allowing advantages to be promised to them.

2. Excluded are offerings of minor value as recognition for services rendered.

1. Public officials shall recuse themselves from dealing with matters that directly affect their personal rights and obligations, their material interests, or those of individuals to whom they are connected within the meaning of § 23.

2. Special legislation is reserved.

1. Secondary employment and public offices must be approved before acceptance.

2. The exercise of secondary employment or a public ancillary office may be prohibited if it adversely affects the fulfillment of duties. The exercise can be approved by the hiring authority with or without conditions for compensating claimed working time or for the surrender of additional income.

1. Members of the Government Council and state employees who represent the canton in enterprises of public or private law are required to remit all compensations to the state treasury, with the exception of reimbursement of expenses.

1. Members of the Government Council must disclose their affiliations with enterprises and interest organizations, insofar as they are compatible with their position as a member of the Government Council pursuant to § 22, in a register maintained by the State Chancellery. This includes, in particular

a) Economically controlling interests in a private law company;

b) Memberships in communal, cantonal, Swiss, and foreign interest groups;

c) Memberships in the administration of organizations with charitable or idealistic purposes;

d) Representations of the Canton in organizations of public and private law.

1. Civil servants are entitled to a salary that corresponds to their duties, the associated requirements and responsibilities, as well as their performance.

2. The Government Council or the competent body pursuant to § 2bis regulates

a) the salaries;

b) the granting of seniority, social, and inflation allowances;

c) all other compensations; and

d) the salary entitlement during military, civil defense, and substitute service periods.

3. Chief physicians or chief surgeons, as well as senior physicians or senior surgeons of hospitals (§ 2 para. 3), who are granted the right to treat private patients in the hospital, must remit a portion of the resulting income to the hospital. The contribution can be set on a linear or progressive basis and shall not exceed 85 percent of this income. The Government Council decides on the details.

4. The Cantonal Council regulates the salaries and compensations for the members of the Government Council upon the proposal of the Finance Commission.

5. ...

1. The government council or the competent body pursuant to § 2bis may conclude a collective employment agreement (CEA) with the staff associations for state personnel. The staff associations can request the initiation of negotiations. The minimum basic salaries applicable at the time of the conclusion of the CEA, according to the cantonal salary regulations, may not be undercut in the CEA.

2. The CEA generally applies to all personnel. The government council may exempt functions or individuals from the collective employment agreement.

3. The CEA provides for an arbitration tribunal agreed upon by the parties. This tribunal makes final decisions regarding the resolution of enforcement disputes in case of disagreement between the contracting parties. Exempted from this are wage changes, particularly as a result of adjustments to inflation and real wage development.

4. The contracting parties provide for the collection of contributions for the implementation and further development of the CEA in the agreement. Until the conclusion of a CEA, the contributions for its preparation are to be established in a special agreement. The monthly contributions for the preparation of the CEA may not exceed 5 Swiss francs per employee and may be collected only until December 2004.

5. If, after the initiation of contract negotiations or after the termination of the contract between the social partners, no CEA is reached, they shall call upon a conciliation commission agreed upon by the parties for the disputed issues. This commission submits solution proposals to them.

6. If the CEA is terminated by one party and the contracting parties cannot agree on a new contract by the end of the contractual notice period, it shall continue to apply for one year after the expiration of the contractual notice period. The cantonal council may extend the contract for a maximum of two years. If it refuses an extension, it may authorize the government council to regulate the employment law by ordinance within the framework of the statutory powers. If it also refuses this authorization, it may reclaim the powers delegated to the government council.

7. Decisions made by the employment authorities in individual cases based on the CEA can be contested according to § 53 paragraph 1 of this law.

1. The Limitation of Claims from Employment Relationships is Governed by Articles 127 and 128 of the Swiss Code of Obligations.

1. The canton is entitled to reclaim unjustified or mistakenly rendered services to state employees from the employment relationship, even if the person affected by the reclaim is no longer enriched. The canton may offset its claim with benefits from the employment relationship.

2. The statute of limitations is governed by Article 67, paragraph 1 of the Swiss Code of Obligations.

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

2. ...

1. Employees in permanent employment relationships are entitled to full salary in the event of illness or accident, subject to paragraph 2

a) for a duration of six months during the probationary period;

b) for a duration of twelve months after the probationary period.

2. During absences due to illness or accident, there is a right to receive allowances for on-call services, night shifts, irregular working hours, or special assignments. The right to continued payment of wages can be reduced if the employee has deliberately or grossly negligently caused the illness or accident.

3. The governing council or the competent authority pursuant to § 2bis regulates the entitlement to continued payment of wages for employees in fixed-term employment relationships.

4. ...

5. ...

6. ...

1. Upon the expiration of continued salary payments according to § 47 paragraph 1 letter b, employees in indefinite employment contracts are entitled to daily allowance benefits amounting to 80 percent of the average gross monthly salary paid in the last year of employment, including the proportionate 13th month's salary, excluding performance bonuses. § 47 paragraph 2 is applicable. Benefits from Disability Insurance, the Cantonal Pension Fund Solothurn, and other pension funds are to be credited.

The entitlement to daily allowance exists

a) in the case of illness-related work incapacity of at least 25 percent over 12 months;

b) in the case of accident-related work incapacity up to the commencement of a pension.

2. The Government Council or the competent authority pursuant to § 2bis regulates the entitlement to daily allowance benefits for employees in fixed-term employment contracts.

1. The employer may delegate the implementation of Case Management to the accident or health insurance provider or an external professional agency.

1. The person entrusted with the case management processes personal data of the affected employee, insofar as it is necessary for the execution of the case management.

2. The person entrusted with the case management does not disclose personal data from the case management to the employer's side or third parties, unless the affected employee has expressly consented.

1. The government council or the competent authority pursuant to § 2bis may conclude a health insurance policy providing daily sickness benefits, which in the event of illness, shall at least provide the benefits specified in § 47bis.

2. The insurance premiums are to be financed equally by the employers and the insured employees. The employers' share is to be distributed between the canton and the local municipalities in proportion to the total salaries of the insured employees.

1. Employees are obligated to cooperate with the employer or with the accident or daily sickness benefit insurer. In particular, they are required to submit to an examination by a trusted doctor or, in specific cases, authorize their doctor to provide information to the trusted doctor of the accident or daily sickness benefit insurer, which is necessary for determining benefit claims.

2. In the event of a culpable violation of the duty to cooperate as referenced in paragraph 1, which adversely affects the extent or determination of work incapacity, the right to continued salary payment or daily benefit payments may be reduced.

1. Case Management will be particularly considered for employees who

a) are anticipated to be fully or partially unable to work for an extended period; or

b) may be less capable of performing their duties over an extended period due to illness or accident.

1. The employer may offer case management (case support) to employees who are health-impaired.

2. The objectives of case management are the swift return to the previous or a new workplace and the prevention of full or partial disability.

1. To the extent of wage continuation under § 47 paragraphs 1 and 3 as well as to the extent of daily allowance benefits under § 47bis, the claims of employees against a state social insurance, an employer co-financed health or accident insurance, as well as against liable third parties, are transferred to the employer.

1. Female state personnel are entitled to paid maternity leave of 16 weeks. The Government Council or the competent authority pursuant to § 2bis shall regulate the duration of maternity leave for personnel employed on a fixed-term basis.

2. The Government Council or the competent authority pursuant to § 2bis may extend the entitlement to maternity leave if a longer entitlement than 16 weeks is customary in the private or public sector employment relationship.

1. Upon the death of a civil servant or an employee, the heirs shall be paid the salary for the current and the following month.

2. In cases of hardship, the governmental council or the competent body pursuant to § 2bis may grant family members of a deceased person, who were financially dependent on them, an additional salary payment for a maximum of three more months.

1. The government council or the competent authority according to Section 2bis regulates the vacation entitlements of state personnel.

1. Public servants, who are accused by third parties of breaching their official duties, have the right to have the allegations investigated if these could lead to termination of the employment relationship or dissolution for important reasons.

2. The procedure is analogous to the provisions of the Liability Act regarding disciplinary proceedings.

3. The Court Administration Commission is responsible for administrative investigations involving court personnel.

4. The responsible body pursuant to § 2bis is in charge of administrative investigations involving the personnel of the Pension Fund of the Canton of Solothurn (PKSO).

1. The government council may support the supplementary care of children.

2. The cantonal council approves the necessary funds for this purpose.

3. Paragraphs 1 and 2 do not apply to the pension fund of the Canton of Solothurn.

1. The government council issues a social plan after consulting with the personnel associations when significant reductions in staff are necessary due to economic or operational measures.

2. It may provide for additional measures and benefits for the social security of state personnel, particularly support for professional reorientation or bridging benefits for early retirement.

3. The cantonal council approves the necessary credits.

4. Paragraphs 1 to 3 do not apply to the Solothurn Cantonal Pension Fund.

1. Civil servants have a right to be consulted on all matters concerning them. They exercise this right through the staff associations or personally.

2. The staff associations serve as the link between the civil servants and the government council. They have the right to provide input on all drafts of personnel-related decrees and to submit proposals to the government council regarding the enactment or execution of such provisions.

1. The Executive Council appoints a commission, upon the proposal of the staff associations, for the preliminary deliberation of salary and personnel matters of a fundamental nature. The head of the Department of Finance presides over the commission. The head of the Personnel Office is a member with an advisory vote.

2. The Executive Council establishes the commission's terms of reference.

1. The Government Council appoints a Personnel Commission to assist in the implementation of the law, upon recommendation by the staff associations. The head of the cantonal personnel office shall be a member with an advisory role. When appointing the commission, the various personnel groups must be appropriately considered.

2. The Government Council establishes the commission's list of duties.

1. On matters arising from the employment contract that are not of a pecuniary nature, the appointing authority shall issue a decision. This decision may be appealed to the Government Council, provided it is not itself the appointing authority. The decision of the Government Council may be appealed to the Administrative Court.

1a. Decisions of the Personnel Office pursuant to § 19 paragraph 4 (second sentence) may be appealed to the Court Administration Commission, and decisions of the Court Administration Commission may be appealed to the Administrative Court.

2. A decision regarding the termination of the employment relationship pursuant to § 28 paragraph 4 letter a may be appealed to the Administrative Court.

3. The first-instance procedure and the appeals procedure before the Government Council are free of charge.

4. Legal protection for employment relationships governed by civil law is subject to civil law.

1. The Executive Council is entrusted with the execution of the law, insofar as other authorities are not responsible.

1. The competent department may admit interns to public positions for a limited time for training or preparation for state examinations. The government council regulates the prerequisites and the compensation.

1. The amendments were incorporated into the relevant decree.

1. The amendments were incorporated into the relevant decree.

1. The amendments were incorporated into the relevant decree.

1. § 53 and the amendment of § 24 letter a) sentence 1 of the Liability Act (§ 58) require approval by the Federal Assembly.

1. This law repeals all previous decrees that are in conflict with it.

2. Specifically repealed are

a) The Law on Civil Service of November 23, 1941;

b) Section 27 of the Law on the Solothurn Cantonal School of August 29, 1909.

1. The law shall enter into force at the time determined by the government council following approval by the people.

1. All public service relationships of officials that existed on July 31, 2001, with the exception of those elected by the public or the Cantonal Council, will be converted into employment relationships under this law on August 1, 2001. From this point onwards, the public servants affected will be subject to the regulations applicable to employees.

2. The service relationship of officials who were provisionally re-elected for the 2001-2005 term based on the legal provisions in effect before August 1, 2001, will be converted into an employment relationship with a probationary period on August 1, 2001. The probationary period begins on August 1, 2001, and lasts at least three months. The appointing authority may extend this by three months in accordance with § 18bis. Termination of the employment relationship is governed by § 18bis, paragraph 4 of this law. § 28 of this law remains reserved.

1. The duration of the term of current fixed-term employment relationships shall be credited against the duration of fixed-term employment relationships pursuant to § 18 paragraph 4 of this Act.

1. The provisions of this law regarding the establishment of service relationships through election or employment take precedence over those in special laws.

1. The amendments have been incorporated into the respective decrees.

1. The amendments have been incorporated into the respective decrees.

1. The exclusion relationship of a de facto domestic partnership must be considered only upon the complete or partial reappointment of authorities.