Act fixing the salary of the employees of the State of Valais - Scope of Application

1. This law, subject to special provisions, establishes the remuneration of all employees who hold a position listed in the directory of offices of the cantonal administration, state institutions, or court registries.

1. Annual Salary Index 118.4 Points (As of 01.01.1990)

Grades | Minimum | Maximum

1a | CHF 94,379 | CHF 132,131

1b | CHF 92,528 | CHF 129,539

1c | CHF 90,715 | CHF 127,001

1d | CHF 88,936 | CHF 124,510

1 | CHF 87,192 | CHF 122,069

2 | CHF 84,324 | CHF 118,054

3 | CHF 81,551 | CHF 114,171

4 | CHF 78,871 | CHF 110,419

5 | CHF 76,277 | CHF 106,788

6 | CHF 73,769 | CHF 103,277

7 | CHF 71,343 | CHF 99,880

8 | CHF 68,998 | CHF 96,597

9 | CHF 66,729 | CHF 93,421

10 | CHF 63,611 | CHF 89,055

10.5 | CHF 62,125 | CHF 86,975

11 | CHF 60,640 | CHF 84,896

12 | CHF 57,808 | CHF 80,931

12.5 | CHF 56,457 | CHF 79,040

13 | CHF 55,107 | CHF 77,150

13.5 | CHF 53,820 | CHF 75,348

14 | CHF 52,533 | CHF 73,546

15 | CHF 50,079 | CHF 70,111

16 | CHF 47,739 | CHF 66,835

17 | CHF 45,510 | CHF 63,714

18 | CHF 43,384 | CHF 60,738

19 | CHF 41,357 | CHF 57,900

20 | CHF 39,425 | CHF 55,195

21 | CHF 37,584 | CHF 52,618

22 | CHF 35,828 | CHF 50,159

23 | CHF 34,154 | CHF 47,816

24 | CHF 32,559 | CHF 45,583

25 | CHF 31,039 | CHF 43,455

26 | CHF 29,589 | CHF 41,425

1. The employee is entitled to remuneration. This is paid at the end of the month, with the exception of the thirteenth month's salary, and is composed of

a) Basic salary;

b) * Individual increase based on performance;

c) * Thirteenth month's salary;

d) * Performance bonus;

e) * Social allowances;

f) Expense reimbursement and other allowances.

2. A part-time employee receives remuneration corresponding to their degree of employment.

3. Salary accumulation is prohibited. An employee who, for any reason, must work in several administrative departments shall not receive additional remuneration. However, the State Council may grant compensation if the activity in question is provisional.

1. The basic salary is established in the salary table, which forms an integral part of the present law (Appendix 1).

2. The State Council may introduce half-classes within the framework of this salary table, provided that this measure meets evident structural needs.

3. If the labor market requires and the financial and economic situation of the canton permits, the State Council may, by regulation, appropriately increase the basic salary by a maximum of 5 percent.

1. Each function shall be classified into a function chain. The modalities of this classification shall be determined by a special regulation of the Council of State.

2. The classification shall be determined by the required education and experience, the intellectual demands, the responsibility associated with the function, the psychological and physical demands and stress, as well as the environmental influences to which the employee is exposed.

3. A reassessment of an existing function may be conducted if the elements determining the classification have changed significantly.

1. The State Council classifies the new and reevaluated positions into the appropriate salary grades upon request from the Classification Commission.

1. The Classification Commission is appointed at the beginning of each term of office by the Council of State, after consulting the interested parties. The Council of State designates the President. It consists of seven members and is composed as follows

a) Head of the Personnel Office;

b) two staff members designated by the Council of State;

c) two representatives of the staff associations, including one from the Central Association of Magistrates, Teachers, and Staff of the State of Valais;

d) a member of the Finance Commission of the Grand Council;

e) a member of the Business Audit Commission of the Grand Council.

2. A balanced representation of the various functional categories must be ensured.

3. The Secretariat of the Commission is managed by the Personnel Office.

1. The State Council may establish initial salary grades through legislative regulations for the initial years of service, which may result in a reduction of the salary, as per the ordinary provisions, by no more than 6 percent.

2. In the formation of these initial salary grades, consideration may be given to the employee's performance and conduct.

1. The difference between the minimum and maximum salary amounts to 40 percent.

2. The Council of State grants the employee an annual increase, which may amount to up to 3 percent, insofar as his performance and conduct justify it.

3. The Council of State may provide by way of regulation that this increase shall not commence until after the completion of the initial stages.

4. For the newly appointed employee with professional or other experience, the Council of State sets the initial increase, taking into account the nature and duration of prior activities.

5. Upon each reassignment of a function, the employee generally retains his acquired increases.

6. Depending on the state's financial situation, the Council of State may apply a coefficient ranging from 0.6 to 1.4 to the scale mentioned in paragraph 2. Absent a contrary decision, the coefficient is 1.

1. An employee who has reached the maximum salary level may be eligible for a performance bonus based on their performance and conduct (qualifications).

2. The performance and conduct of the employee are evaluated based on the following criteria

a) quality of work results;

b) quantity of work results;

c) economic conduct;

d) social conduct;

e) compliance with regulations, orders, and agreements.

3. The State Council may, by regulation, establish other criteria that supplement or replace the aforementioned criteria.

4. The performance bonus amounts to up to 7 percent, calculated on the basic salary and individual increments.

5. Depending on the state’s financial situation, the State Council may apply a coefficient ranging from 0.6 to 1.4 to this scale. Absent any contrary decision, the coefficient is 1.

6. The granting of the annually reallocated performance bonus does not constitute an acquired right.

1. The employee may receive the performance bonus in accordance with their qualifications upon reaching ten experience units.

2. The implementation modalities of the performance bonus are determined by regulations set by the Council of State.

1. In addition to the annual salary, the employee is entitled to a thirteenth month's wage.

2. This corresponds to one twelfth of the annual salary, consisting of the basic salary and the individual increment. It is paid in the month of December.

3. ...

4. The introduction and application modalities of the thirteenth month's wage are determined in a regulation by the State Council.

1. Deductions for benefits in kind are determined by the State Council. The basic principles of the AHV apply in this regard.

2. An employee who is provided with a service apartment must pay a market-based rent for it.

3. The principles for granting other types of company benefits are established by the State Council. No claim for compensation can be derived from a restriction of benefits.

1. Every illness-related absence of the employee must be justified by a sick note (from the third day onwards, by a medical certificate).

2. For the employee who has been in service for at least three years, there will be no reduction in salary if the illness, including Saturdays, Sundays, and public holidays, lasts no more than twelve months. After this period, the salary will be reduced by half and paid for an additional three months. After one year and three months, or a total of thirteen and a half months, any entitlement to salary ceases.

3. In all other cases, the following compensation applies

a) for the first year: full salary for six months;

b) for the second year: full salary for eight months;

c) for the third year: full salary for twelve months.

4. After the expiration of the salary benefits granted in sections 2 and 3, the relevant provisions of the pension fund shall apply.

1. In the case of a workplace accident without gross negligence on the part of the employee, the state shall pay the full salary to the employee during the period of incapacity to work, until he or she receives a disability insurance pension, but for a maximum of two years.

2. The same provisions as in paragraph 1 apply to occupational diseases.

3. In the event of a non-occupational accident, the employee receives the same salary as in the case of illness. If the employee is compulsorily insured, the insurance benefits are paid to the state as long as it pays the salary. For the period during which the employee receives 50 percent of the salary, the employee keeps the benefits from accident insurance up to the amount of the full salary. The recipient of benefits from military insurance or disability insurance is considered a compulsorily insured employee.

4. In the case of gross negligence, the injured employee, provided he or she is compulsorily insured, has no salary entitlement but may receive insurance benefits if applicable. If not compulsorily insured, the Council of State may reduce the benefits provided for in Article 12.

5. If an employee suffers an accident, the claims of the employee against the responsible third party or the insurance company covering the risk shall, up to the amount of direct claims (salary, various allowances, etc.) or indirect claims (employer contributions to the pension fund, savings account, old-age and survivors' insurance, disability insurance, and the income compensation scheme, etc.), and compensations provided to the employee during the incapacity to work, legally transfer to the state. These provisions also apply in cases of illness.

1. In the event of maternity, there is an entitlement to salary during the period of sixteen weeks of work interruption, provided that the employment relationship continues for at least six months after childbirth.

2. If the employment relationship ends at the time of childbirth, there is an entitlement to a maximum of eight weeks' salary.

3. If the employment relationship ends six months after childbirth, the salary entitlement will be reduced by the corresponding pro rata amount.

4. An employee who adopts a child not yet of school age is granted adoption leave; the State Council issues the implementing provisions.

1. In times of peace, the state is obligated to pay full salary during a mandatory or non-mandatory military or civil protection service, provided that the employee has been in state service for more than one year.

2. However, the compensation for loss of earnings paid by the cantonal compensation office shall accrue to the state.

3. In the case of military service exceeding one month per year, the employee with an intra-annual employment relationship shall receive a pro rata salary. However, they shall receive the compensation for loss of earnings from the cantonal compensation office up to the amount of their full salary.

4. The employee is required to submit their service report card to the cantonal financial administration within five days after the completion of each mandatory or non-mandatory military service.

5. The Council of State shall issue special regulations in the event of active service.

1. The Finance Department shall order the appropriate salary deductions after hearing the concerned employee, provided that the employee fails to comply with the regulations regarding the reporting of vacations, field service, sickness, or military service.

1. The entitlement to salary commences on the day of commencement of duty and ends on the day of termination of the employment relationship.

1. The State Council may, by regulation, provide for the payment of a severance compensation to employees upon early retirement.

2. The amount of this compensation must not exceed the insured annual salary.

1. Upon the death of a civil servant, their family, provided that they were their breadwinner, receives a salary continuation for three months, with a deduction for any benefits from the pension fund.

1. The wage components, with the exception of social allowances and compensations, are adjusted for inflation once a year on January 1st based on the national consumer price index of the previous December.

2. If the state's financial situation demands it, the State Council may decide, as an exception, not to pay the inflation allowance in whole or in part.

3. The postponed adjustment for inflation may be fully or partially compensated retrospectively, depending on the state's financial situation.

1. Family allowances are regulated by the special legislation of the federal government and the canton.

1. The employee receives a social allowance for children starting from the completion of the 20th year of age, who are entitled to the deduction for individuals requiring support as per Article 213 paragraph 1 letter b of the Federal Act of December 14, 1990, on Direct Federal Taxation.

2. The amount of this allowance corresponds to that of the child allowance according to the cantonal legislation on family allowances.

1. The employee is entitled to compensation for expenses incurred from their work in the field. The application of this principle is regulated in a governmental ordinance, after consulting with the employee unions.

1. The State Council issues regulations concerning the allocation of allowances, particularly for overtime, night, Sunday, and on-call duties of employees who, due to their activities, may be required to perform such duties.

2. Allowances are granted only under the condition that special circumstances, such as difficulties and burdens of a temporary nature, are not already taken into account in the basic salary.

1. The personnel subject to the present law is insured against the economic consequences of old age, disability, and death through the PKWAL.

2. Reserved are special statutory provisions as well as the transitional provisions provided for in the PKWAL law.

1. The applicable annual salary for employees paid on a monthly basis consists of the base salary, any experience-based components, individual increases due to performance, and a performance bonus of up to a maximum of 5 percent. The 13th month's salary and any gratuities are not insured.

2. The applicable annual salary for employees not paid on a monthly basis consists of the gross salary paid out. The 13th month's salary and any gratuities are not insured.

1. The insured salary corresponds to the relevant salary minus a coordination amount.

2. The coordination amount is equal to 15 percent of the relevant salary.

3. The insured salary serves as a basis for determining contributions and benefits. For employees not paid on a monthly basis, the contributions are calculated based on the gross salary paid out, minus a coordination amount of 15 percent. For the latter, the insured annual salary corresponds to the accumulation of the gross salaries paid out over the last 12 months, minus the coordination factor. This provision applies analogously to the variable components of the salary, with the exception of performance bonuses.

4. The insured salary is adjusted for any change in the relevant salary.

5. The Council of State issues the necessary implementing provisions by way of ordinance.

1. The reference retirement age for all employees corresponds to the statutory AHV retirement age.

2. For the personnel of penal institutions and the cantonal police, the reference age corresponds to the statutory AHV retirement age with an advance withdrawal of two years.

1. The State of Valais offers its employees the possibility of a flexible retirement age between 58 and 70 years.

2. The State Council may, through regulations, establish the implementing provisions for the introduction of the flexible retirement age.

1. The Federal Council shall determine by ordinance the earliest point in time at which personnel can be insured with their occupational pension scheme.

**1. Employer Contributions for Pension Schemes, Risk Insurance, and Administrative Costs of the PKWAL**

The employer contributions for pension schemes, risk insurance, and the coverage of administrative costs of the PKWAL amount to a total of at least 13 percent and at most 15.5 percent of the insurable salary sum. Their amount is determined based on 57 percent of the financing of contributions at the expense of the State of Valais, the risk structure, and the age structure of employees, long-term yield prospects, changes in the technical interest rate and the conversion rate, as well as the economic situation of the State of Valais.

**1bis.** Insured persons of the OPK are given the option to choose from at least three different savings models. By contributing higher savings, they can improve their retirement credits. The additional savings contributions are borne exclusively by the employee.

**2.** For the personnel of penal institutions and the cantonal police, the percentage mentioned in paragraph 1 is at least 14 percent and at most 16.5 percent.

1. In the event that retirement is taken before the reference retirement age, a bridging pension under the AHV is provided.

2. The maximum global limit amount of the AHV bridging pension, which is decisive for the employer's share of financing as per paragraph 3, corresponds to three annual maximum AHV pensions for a membership duration of at least 20 years with the PKWAL. This applies to all employees except for prison staff and the cantonal police, for whom the limit is five annual maximum AHV pensions.

3. Within this limitation, the financing of the AHV bridging pension is ensured on an equal basis, with 50 percent covered by the employer and 50 percent by the employee.

1. The State Council provides by regulation for the possibility and conditions, in particular the maximum duration, to reduce an employee's level of employment by up to 20 percent upon request, once they have reached the flexible retirement age. The personnel of correctional facilities and the cantonal police can advance this possibility by 2 years.

2. This reduction results in a corresponding decrease in salary.

3. The state assumes responsibility for paying at least the employer's contributions to occupational pension plans for the reduced portion of the employment level in order to maintain the insured salary at the previous level.

1. In addition to the cantonal holidays, the following are considered non-working days

Good Friday, Easter Monday, May 1st (1/2 day), Whit Monday, August 1st, December 24th (1/2 day), December 26th or the next working day after Christmas, as well as December 31st (1/2 day).

2. The State Council shall issue regulations concerning special leave.

3. The State Council may grant employees up to four additional non-working days. This measure may be associated with impacts on remuneration.

1. Upon the entry into force of this law, all conflicting cantonal provisions shall be repealed, in particular those of the Regulation concerning the employment relationship of officials, employees, and workers of the State of Valais dated April 19, 1968, with all its amendments and implementing provisions, as well as the Regulation concerning the remuneration of officials dated May 19, 1976.

2. ...

1. The disbursement of the final one-sixth of the thirteenth month's salary is suspended.

2. The Grand Council can revoke this measure with a resolution if the financial situation of the canton permits it.

1. The State Council determines the entry into force of the present law.