Ordinance on the Compensation of Inconveniences (Inkonvenienzverordnung) - Purpose

1. This regulation governs the compensations that the canton pays its employees, in addition to their salary, for performing night, weekend, and holiday work, on-call and standby duties, as well as for tasks with special, extraordinary burdens. Excluded from this are senior and assistant physicians.

2. Employees who are specifically employed for the purpose of night, weekend, or holiday work and whose compensation is included in their salary are not entitled to additional compensation.

1. Night work is defined as work performed between 8:00 PM and 6:00 AM.

2. Weekend work begins each Friday at 8:00 PM and continues until the following Monday at 6:00 AM.

3. Holiday work begins on the day before the holiday at 8:00 PM and lasts until 6:00 AM on the day following the holiday.

1. Employees are entitled to compensation of CHF 7.20 per hour for night, weekend, or public holiday work performed.

2. Furthermore, for night work, there is an entitlement to a time bonus of 10% or 15% from the age of 50, if the night shift lasts more than 4 hours.

3. Generally, the time bonus is to be compensated. If this is not possible within 12 months, the employment authority may grant a monetary bonus, which is calculated based on the individual's annual salary excluding allowances.

4. Partial hours in the monthly total count as full hours.

1. For night, weekend, or holiday work performed only occasionally, compensation is determined according to the overtime regulation pursuant to § 27 of the Personnel and Salary Ordinance (PLV) of September 25, 2000.

1. On-call duty is performed by employees who, upon official instruction, remain available outside of regular working hours in order to, if necessary, carry out work assignments at short notice. The on-call duty is not performed at the workplace.

1bis. The compensation for on-call duty amounts to CHF 4.- per hour worked.

1ter. Paragraph 1bis also applies to employees who are contractually obliged to interrupt unpaid work breaks in order to perform work-related tasks.

2. For specific professional groups or organizational units, the government council may issue divergent regulations in justified cases (notably due to the predictability of on-call duties or labor market conditions).

3. The service performed is compensated as follows

a) with time compensation of 150% of the service time, or

b) with time compensation of 100% and a financial supplement based on the individual annual salary, excluding allowances, of 50% of the service time.

4. The employing authority decides on the type of compensation. For any service performed, at least half an hour is compensated.

5. The commute is considered service time.

1. Employees who are called to duty during their free time due to an unforeseen event shall be compensated with a time compensation of 150% of the duration of the deployment and a monetary allowance of CHF 200 per deployment.

2. ...

1. On-call Duty means being ready for deployment at the workplace at any time during the night. The on-call duty is performed at the place of work.

1. Each standby duty performed is compensated with a cash allowance of CHF 100, as well as with a time credit of one-third of the standby duty time.

2. Interventions performed during standby duty are not additionally compensated.

1. Employees must be granted sufficient rest time after assignments during on-call duty or standby duty.

1. In place of compensations pursuant to § 6 para. 1bis, the following receive an annual flat-rate compensation for on-call duty

a) * Police officers: CHF 4,000.-

b) * Chief prosecutors, prosecutors, assistant prosecutors, and juvenile prosecutors: CHF 4,000.-

c) * ...

d) * ...

e) * Employees involved in the on-call organizations of the Office of Corrections, the Aarburg Youth Home, and the Lenzburg Correctional Facility up to a maximum of: CHF 4,000.-

f) * ...

g) * Members and specialized judges of courts who perform on-call duty, by decision of the judicial management up to a maximum of: CHF 4,000.-

2. The employing authority may grant time off in an equivalent amount instead of a cash payment.

3. The flat-rate compensation generally applies to full-time employment. The employing authority may adjust the flat-rate amount accordingly for part-time employment.

1. Members of the cantonal leadership staff receive an annual compensation of CHF 500 for on-call duty, provided they do not already receive another on-call duty allowance.

1. Roadmasters who, according to the summer deployment plan for road maintenance, ensure telephone standby, receive a monthly compensation of CHF 40.- from April to October.

a) * ...

b) * ...

c) * ...

d) * ...

e) * ...

1. For monitoring the road condition from the place of residence, employees who live more than 3 kilometers from the workplace are provided with an annual flat-rate compensation. The compensation is determined according to Appendix I of this regulation.

1. Employees who perform night work related to structural and operational maintenance shall be compensated with a time compensation of 150% of the working hours and a monetary allowance in accordance with § 3 para. 1.

1. For work involving binders, with handheld and beam sprayers, and in water, employees receive annual flat-rate compensation. This is determined according to Annex II or Annex III of this regulation.

1. Instructors of training and further education courses for youth as well as sports instructors receive the following compensations if the courses take place away from home on weekends or last for several days

a) Fr. 100.- per day;

b) Fr. 50.- per half day.

2. For course instructions according to paragraph 1, the standard target working hours or the target working hours of the agreed working time variant of the bandwidth model, or half thereof, shall be credited.

1. Employees of the State Chancellery who work on Saturdays and Sundays during elections and referendums are entitled to a compensation of CHF 30.- per hour, in addition to time credit.

1. The following are repealed

a) Regulation on the Compensation for Night, Saturday, and Sunday Service as well as On-call and Standby Service in State Institutions of October 26, 1981[3];

b) Regulation on the Employment Relationship and Remuneration of Craftsmen, Drivers, and Workers as well as Road Wardens of the Department of Construction (Personnel Regulation of Direct Operating Entities) of March 5, 1973[4];

c) Regulation on the Compensation for On-call Duty and Inconveniences for Road Supervisors, Drivers and Road Workers as well as Permanent Workers and Auxiliary Workers of the Civil Engineering Division of the Department of Construction of March 5, 1973[5].

1. This regulation shall be published in the legal code. It shall enter into force on April 1, 2002.