Ordinance on the Continuing Education of Staff (Weiterbildungsverordnung) - Subject Matter

1. This regulation governs the further training of employees of the canton.

1. Continuing education is defined as the acquisition of knowledge, skills, and abilities that serve to maintain or develop existing professional qualifications or are necessary for assuming new roles.

1. The following are considered continuing education

a) Part-time courses, seminars, workshops, conferences, congresses, practical consultations, supervision, coaching;

b) Internships or personnel exchanges;

c) Postgraduate studies;

d) Study trips.

1. Employees share responsibility for their professional and personal development with their supervisors. They discuss their goals with their supervising person.

2. Supervisors support the employees in their development efforts by providing regular and open feedback on performance and behavior. They plan and coordinate the employees' further training with them.

1. For operational reasons, departments, the state chancellery, as well as courts and judicial administration may mandate further training.

2. Operational reasons are present in the case of

a) Planned or current changes in task or leadership structures;

b) Changes in the mission of the organizational unit, necessitating an expansion of professional, personal, or social skills;

c) The necessity for acquiring new skills or maintaining acquired competencies.

3. If employees refuse the training, they must be informed by their supervisors of any possible consequences.

1. Continuing education is generally agreed upon between employees and their supervisors during an employee evaluation meeting.

2. Agreements regarding continuing education that entail a commitment period pursuant to § 17 must be concluded in writing.

1. Prior to the conclusion of agreements concerning external training programs, as well as internal ones that entail a period of commitment, the supervising person must obtain authorization from the relevant department, the State Chancellery, the courts, or the judicial administration.

1. Human Resources Aargau (HR Aargau) prepares an annual report for the Government Council on the further education of employees, based on information from the departments, the State Chancellery, as well as the courts and the judicial administration.

1. Continuing Education Costs Include

a) For internal training

1. Seminar costs according to the annual education program;

2. Salary costs incurred for the duration of absence from the workplace during the training, including the employer's social benefits;

3. Expenses arising in connection with the training.

b) For external training

1. Education costs (enrollment, seminar, and examination fees; costs for educational materials up to a maximum of CHF 200 per calendar year);

2. Salary costs incurred for the duration of absence from the workplace, including the employer's social benefits;

3. Expenses arising in connection with the training.

1. The reimbursement of expenses is governed by the Ordinance on Expenses, Attendance Fees, and Other Compensations dated January 31, 2001.

1. In the case of further training pursuant to § 5 as well as internal further training, the canton shall cover the full costs of the training.

1. For external training programs that are of significant interest to the canton, the canton shall cover at least 50% of the training costs.

2. Training programs are considered to be of significant interest to the canton if

a) the expansion of competencies is highly valuable for the fulfillment of duties and is largely required by the employer,

b) they have a significant impact on performance and/or behavior in the workplace, or

c) they are necessary for the anticipated areas of deployment or for career development of employees (additional qualifications for assuming new tasks).

1. For external training programs of mutual interest, the canton covers up to 50% of the training costs.

2. Training programs are considered to be of mutual interest

a) if the enhancement of skills is desirable for the fulfillment of tasks for both the canton and the employees,

b) if they have an impact on performance and/or behavior in the workplace, or

c) if they are desirable for the intended deployment opportunities or for the career development of the employees (additional qualifications for taking on new tasks).

1. For employees with a workload of less than 70%, the Canton covers the continuing education costs calculated according to § 12 or § 13 for external education as per the following table

Workload | Canton's Share

--- | ---

60% | 85%

50% | 70%

40% | 55%

30% | 40%

20% | 25%

10% | 10%

1. The payment method is determined within the framework of the agreement.

1. In-house Training Generally neither a commitment period nor a repayment obligation applies to in-house training. Exceptions can be stipulated in the agreement. In such cases, §§ 17 et seq. apply mutatis mutandis.

1. If the further education costs covered by the canton exceed CHF 7,000, a commitment period for the excess amount must be agreed upon. This period begins upon completion of the further education and is determined as follows

a) up to CHF 12,000: 1 year

b) over CHF 12,000 up to CHF 17,000: 2 years

c) over CHF 17,000: 3 years

2. For further education lasting more than 12 months, the commitment period begins once half of the duration of the education has been completed.

3. Further education consisting of several modules is considered as a single further education.

1. Terminations by Employees and the Dissolution of the Employment Relationship Pursuant to § 9 para. 1 and § 10 para. 1 lit. c and d of the Law on the Principles of Personnel Law (Personnel Act, PersG) of May 16, 2000 by the Employment Authority, the Termination of the Employment Relationship Pursuant to § 35 lit. b of the Personnel Act, as well as the Non-re-election of Civil Servants before the Expiration of the Obligation Period result in a Proportional Repayment Obligation.

1. In the event of non-compliance with the commitment period, the competent department, the state chancellery, the courts, or the judicial administration may, for important reasons, waive the repayment in whole or in part.

2. Important reasons include, in particular, the termination of employment relationships by mutual agreement or due to disability or maternity, dismissals according to § 10 paragraph 1 letters a and b of the Personnel Act, the involuntary non-re-election of civil servants without fault, as well as the termination of the employment relationship pursuant to § 35 letter a of the Personnel Act.

1. In the event of termination of further education or failure of the final or diploma examination, the responsible department, the state chancellery, the courts, or the judicial administration decides on the reimbursement.

2. In the case of a full or partial waiver of reimbursement, an obligation period arises for the employees in accordance with § 17 paragraph 1.

1. In the event of resignations by employees or summary dismissals by the canton prior to the completion of further training, all continuing education costs paid by the canton must be reimbursed.

1. Departments, the State Chancellery, as well as courts and the judicial administration may fully or partially cover the proven repayment costs of employees towards their former employer in the case of new hirings.

2. When assuming repayment obligations, Section 17 Paragraph 1 applies accordingly.

1. For the preparation of examinations, the competent department, the state chancellery, or the courts and the judicial administration may grant employees paid leave of up to ten days.

2. For further training that consists solely of examination preparation, paid leave of up to three months may be granted, provided there is a special interest of the employer.

1. Trainings pursuant to § 5, as well as internal trainings, are fully counted as working hours. For trainings pursuant to §§ 12 and 13, the crediting is determined according to the established level of interest or according to the table in § 14.

2. The crediting of full-day absences is limited to the extent of the regular daily working hours or the agreed bandwidth model.

1. The Regulation on the Professional Training and Continuing Education of Civil Servants and Employees of the State (Continuing Education Regulation) of August 13, 1973, is repealed.

**1. Agreements Regarding Training Courses Concluded Before the Entry into Force of This Regulation**

Agreements regarding training courses that were concluded before the entry into force of this regulation are subject to the law that was in effect until December 31, 2004.

1. This regulation is to be published in the legal gazette. It shall enter into force on January 1, 2005.