Ordinance on Personnel and Salaries (PLV) - Scope (PLV)

1. This regulation applies to all employees of the canton.

2. Deviating and supplementary provisions in other enactments remain reserved.

1. The hiring authorities have the following tasks and competencies

a) Establishment and termination of the employment relationship;

b) Determination of the starting salary and issuance of further salary decrees;

c) Arrangement of a probationary period in accordance with § 10 para. 1 lit. c and d of the Personnel Act;

d) Additional competencies as defined by this ordinance.

2. If the government council is the hiring authority, the supervisors of the employee shall exercise the competencies according to paragraph 1 lit. c and d. For the state secretary, the Landammann assumes the role of the supervisor.

1. Supervisors hold the leadership responsibility for the employees under their charge.

2. Supervisors have the right and duty to participate in decisions made by the employment authorities that affect the employees under their supervision.

3. Employees who disagree with a managerial decision made by their supervisor can request a decision from the employment authority. Employees whose supervisors are also the employment authority can request a decision from the department management, the state chancellery management, or the justice management.

1. The Executive Council appoints the State Secretary.

2. Upon the proposal of the State Secretary, the Executive Council appoints

a) the Deputy State Secretary and General Secretary of the State Chancellery;

b) the Heads of the Departments and Staff Offices of the State Chancellery.

3. Upon the proposal of the responsible Department Head, the Executive Council appoints

a) the General Secretaries;

b) the Heads of the directly subordinate Offices, Departments, and Staff Offices;

c) the following employees of the dependent institutions

aa) * ...

bb) Cantonal Institutions for the Execution of Sentences and Measures: Directors;

cc) * ...

1. The departments and the state chancellery are - subject to § 4 - the appointing authorities for their employees.

2. The departments and the state chancellery may designate additional appointing authorities. They determine their competencies.

3. The directorates of dependent institutions are appointing authorities for their employees. Divergent provisions remain reserved.

4. The departments, the state chancellery, and the courts, as well as the judicial administration, inform Human Resources Aargau (HR Aargau) of the regulations they have implemented.

1. The Office of the Grand Council assumes the functions of the appointing authority for the Secretary of the Council.

1. Vacant positions must be advertised by the appointing authorities.

2. In justified individual cases, the appointing authority may waive the requirement to advertise. A waiver of advertisement is particularly possible in the case of temporary employment contracts, internal job transfers, or for reasons of protecting the personal rights of an employee.

3. The advertisement is carried out on behalf of the appointing authority by HR Aargau, or according to the specifications of HR Aargau by the appointing authority.

1. The employment relationship is established by a public-law contract between the employing authority, as the representative of the canton, and the employee.

2. The employing authority issues the employment contract in accordance with the formal requirements of HR Aargau.

3. Amendments to the contract must be agreed upon in writing.

1. The first month of the employment relationship is considered a probationary period.

2. The employing authority and the employee may agree to extend the probationary period to a maximum of 3 months.

3. During the probationary period, the employment relationship may be terminated by either party at any time with a notice period of 7 days.

1. The employment relationship is generally unlimited.

2. The limitation of a contract and its extension are only possible in justified cases. In doing so, the maximum duration of 5 years must not be exceeded.

3. If a fixed-term employment relationship is converted into an unlimited one, a new employment contract must be concluded.

1. Upon assuming a new position or changing the employing authority, a new employment contract must be concluded.

2. The timing of the job change can be mutually agreed upon. Otherwise, the job change occurs through written notification and in compliance with the regular notice period.

1. Employment Relationship Terminates By

a) Mutual Agreement;

b) Termination;

c) Immediate Termination;

d) Expiration of a Fixed-Term Employment;

e) Reaching the Retirement Age;

f) Termination Due to Incapacity for Work Caused by Illness or Accident;

g) Death.

1. The employment relationship may be terminated at any time by written agreement between the employing authority and the employee.

1. The employment relationship may be terminated by either party in compliance with the statutory notice periods at the end of a month through written notice.

2. The employing authority must provide a written justification for the termination and include information on legal remedies.

1. The immediate termination shall be made in writing and must be justified.

2. The immediate termination by the employing authority must include instructions on legal remedies.

1. The Fixed-Term Employment Relationship Ends

a) Upon the expiry of the term;

b) Through immediate termination;

c) Through termination, where a termination reservation has been contractually agreed.

1. The employment relationship ends without notice on the last day of the month in which the employee reaches the age of 65.

2. Upon reaching the retirement age, the employment relationship can be continued as a fixed-term employment relationship.

1. The employment relationship terminates without notice at the time a full disability pension is granted according to the provisions of the Federal Act on Disability Insurance.

2. In the event of ongoing partial incapacity for work, but at the latest at the time a partial disability pension is awarded, the appointing authority shall examine the possibilities for restructuring the employment relationship or for an internal job transfer.

1. The canton shall take all necessary and appropriate measures to prevent sexual harassment and bullying, and shall inform employees of the ways to exercise their rights.

2. The departments, the state chancellery, the courts, the judicial administration, as well as the dependent institutions, shall each designate an internal contact point for employees affected by sexual harassment or bullying. They shall report this contact point to HR Aargau.

1. If an employee must pursue legal action against unjustified attacks or claims arising in connection with their fulfillment of duties, the departments, the State Chancellery, or the courts and judicial administration shall, upon request, assess the assumption of costs for legal protection.

2. Court and legal fees shall be covered if legal representation and/or pursuing legal action is necessary to protect the rights of the employee or to avert or remedy financial damage.

1. The departments, the state chancellery, the courts, and the judicial administration, as well as the directorates of dependent institutions, designate the responsible authorities for managing personnel files.

2. Personal data may only be processed to the extent that it contains information relevant to the employment relationship.

3. Upon request, the authority responsible for managing personnel files provides employees with information and access to their personal records and decides on any possible correction or deletion of the data contained therein.

1. The employee performance review is conducted by the supervisors. Additional persons may be involved based on an agreement with the employee.

1. The employing authority may order a medical examination by a trusted physician if there are legitimate doubts concerning the employee's ability or inability to work.

2. The government council may, upon request from the departments, the state chancellery, the courts and judicial administration, as well as the directorates of dependent institutions, declare a medical examination by a trusted physician mandatory for certain professional groups.

1. Employees may be released from official secrets if they are required to testify as a party, witness, or court-appointed expert before a judicial authority.

2. Authorization to testify is granted upon request by the head of the department, the state secretary, or the head of the judiciary.

3. Authorization may be refused if significant interests of the canton so require or if the authorization would substantially impair the administration in the performance of its duties.

1. If working hours are utilized for secondary employment, the time taken must be compensated or the work quota reduced.

2. In the exercise of a public office, an average of 2 working hours per week may be claimed for attending meetings during working hours without compensation. Any working hours beyond that must be compensated.

3. The income from secondary employment and public offices remains with the employees.

1. The employment certificate must be handed over to the employee no later than the last working day. Interim certificates are issued within 14 days.

1. In cases of misconduct or breach of duty by public prosecutors, juvenile prosecutors, or assistant public prosecutors, the government council may initiate disciplinary proceedings.

2. It may impose the following disciplinary measures

a) Reprimand,

b) Temporary suspension,

c) Dismissal from office.

3. An appropriate salary reduction may be associated with the disciplinary measures.

4. If disciplinary proceedings are initiated, provisional suspension from duties may be ordered in severe cases for the duration of the proceedings.

1. The government council may mandate home office for employees who can perform their work independently of their usual workplace within the cantonal administration in the event of a severe shortage due to electricity or gas quotas decided by the federal council or grid shutdowns in electricity.

2. If working from home is unreasonable for an employee, the employment authority shall assign an emergency workplace where possible.

1. Overtime is work time performed beyond the agreed-upon regular working hours, at the direction of the supervisor.

2. Overtime is to be compensated with time off on a 1:1 basis.

3. If compensation with time off is not possible for operational reasons within 12 months, the employment authority may exceptionally order the payment of overtime. This is calculated based on the individual annual salary excluding allowances, with a 25% surcharge.

4. For employees as well as civil servants from salary level 16 according to the classification plan, no overtime payment is made.

1. The annual leave entitlement amounts to

a) 25 days up to and including the calendar year in which the 20th birthday is celebrated,

b) 22 days from the beginning of the calendar year in which the 21st birthday is celebrated,

c) 25 days from the beginning of the calendar year in which the 40th birthday is celebrated,

d) 27 days from the beginning of the calendar year in which the 50th birthday is celebrated,

e) 30 days from the beginning of the calendar year in which the 60th birthday is celebrated.

2. Additional leave days based on the working time model selected by the employee are reserved.

1. The entitlement to vacation is calculated for the calendar year.

2. In the year of entry and exit, the entitlement is calculated based on the duration of the employment relationship, rounded up to the nearest half day.

1. Vacation is generally to be taken during the course of the calendar year; at least two vacation weeks should be consecutive.

2. The supervisor decides on the timing of the vacation and considers the employee's wishes as much as possible, insofar as this is compatible with the operational needs of the individual organizational units.

3. Untaken vacation is compensated only upon termination.

**1. Prior to any change in the employment degree, vacation must be taken on a pro-rata basis.**

2. The heads of departments, the state chancellery, and the courts, as well as the judicial administration, decide upon the request of the employing authority whether an exception to paragraph 1 can be made. If applicable, the procedure is as follows

a) If fewer vacation days have been taken, for the calculation of vacation days under the new employment degree, the total scheduled working hours of the untaken vacation days under the old employment degree and the vacation entitlement under the new employment degree are added together, and the result is divided by the daily scheduled working hours under the new employment degree.

b) If more vacation days have been taken, for the calculation of vacation days under the new employment degree, the total scheduled working hours of the excess vacation days taken under the old employment degree are subtracted from the vacation entitlement under the new employment degree, and the result is divided by the daily scheduled working hours under the new employment degree.

3. The calculations according to paragraph 2 are carried out in hours and minutes.

4. The change in employment degree may only be implemented once the vacation entitlement as calculated according to paragraphs 2 and 3 is ensured in accordance with § 28 paragraph 1.

1. In the case of unpaid leave, the vacation is reduced by one twelfth for every full month.

2. In the case of paid absence lasting longer than 4 months, the vacation is reduced in accordance with paragraph 1.

1. Public holidays are considered equivalent to weekends. The following days are recognized as public holidays: Good Friday, Easter Monday, Ascension Day, Whit Monday, as well as New Year's Day, Berchtold's Day, Christmas, St. Stephen's Day, the National Holiday, and the afternoon of May 1st.

2. The Maienzug in Aarau, the Rutenzug in Brugg, the Youth Festival in Lenzburg, the Children's Festival in Zofingen, and Verenatag in Zurzach are also considered public holidays for workplaces in the respective districts.

3. For workplaces that differ from paragraph 2, departments, the State Chancellery, and the courts shall uniformly determine per workplace which day shall be regarded as an additional day off for all employees working there.

1. Employees are granted paid short leave for

a) * Own marriage or registration of own partnership: 3 days

b) * Marriage or registration of partnership within own family: 1 day

c) * ...

d) * In the event of death of the spouse or life partner, as well as the registered partner, children, parents, parents-in-law, and siblings: 3 days

e) In the event of death of other family members as well as relatives and close acquaintances: 1 day

f) In all other cases: Participation in the funeral

g) * Military recruitment: according to VREK

h) Moving of own household: 1 day

i) Court summons as a witness or party: Participation

k) * Care for own children in case of illness: up to 2 days

2. Supervisors must be informed in a timely manner.

3. The employment authority may grant further paid leave for important personal reasons up to a maximum of 5 days per year.

4. Employees up to the age of 30 are entitled to unpaid leave for extracurricular, unpaid youth work up to a maximum of 5 days per year. The desired timing of the youth leave must be communicated to the employment authority at least three months in advance.

1. If the employees pursuant to § 33 Paragraph 4 are apprentices or persons engaged in an internship comparable to a vocational apprenticeship in terms of salary and lasting at least six months, they are entitled to paid leave to the same extent.

2. The timing of the leave according to paragraph 1 must be agreed upon with the employing authority at least three months in advance.

1. Departments, the State Chancellery, courts, and the judicial administration, as well as the directorates of dependent institutions, may grant their employees unpaid leave if operational circumstances allow. The maximum duration is one year.

2. Departments, the State Chancellery, courts, and the judicial administration, as well as the directorates of dependent institutions, may grant paid leave for unpaid work assignments that are in the public interest.

3. For judicial officials, the judicial administration decides on the granting of leave, while for other officials, the competent department decides, according to §§ 33 paragraphs 3 and 4 and 34 paragraphs 1 and 2.

1. At least 14 weeks of paid maternity leave must be taken starting from the birth.

2. If the employee postpones the claim for maternity compensation according to Art. 16c para. 2 EOG due to the prolonged hospital stay of the newborn, the paid leave is interrupted. During this time, overtime must be compensated, vacation must be taken, positive flexitime balances must be reduced, or unpaid leave must be taken.

1. The two-week paternity leave must be taken within 6 months from the birth of the child.

2. During this leave, the current salary will be paid.

1. The initial salary of employees is determined by decree.

2. For civil servants who are remunerated according to Appendix II of the Salary Decree, the responsible department establishes the initial salary. In the case of courts, this task is assigned to the judicial administration.

3. The determination of the performance component and the experience component takes into account previous job experiences, demonstrated skills, and special suitability for the new position. Life experiences as well as experiences in household, educational, and caregiving work are appropriately considered.

1. Determinants for salary development within the performance component are

a) the salary sum available for performance compensation,

b) the evaluation of the employee's performance based on the annual performance review,

c) the current salary position of the employee within the performance component,

d) the discretionary judgment of the employment authority.

2. In cases of persistently inadequate performance, the employment authority may reduce the performance component of the salary.

3. The individual salary development in the experience component corresponds to the average salary development in the performance component.

1. The salary shall be communicated to the employees in writing by the employing authority.

2. Salary reductions must be communicated in writing 4 months before they take effect.

3. After the notification of the new salary, the employee may request a reasoned decision.

1. If an employee assumes an additional function for longer than 3 months, the appointing authority may grant a functional allowance for the duration of the increased workload.

2. The amount of the functional allowance is between 30-50% of the difference between the position salary of the original function and the position salary of the temporarily assumed function.

3. The functional allowance can be divided among several persons if they jointly assume the additional function.

1. The calculation of years of service is carried out independently of the level of employment. In case of an interruption in employment, previous years of employment, including years of apprenticeship, are credited. Unpaid leave is deducted.

2. ...

3. Employees do not receive a long-service award if the employment relationship is terminated at the time it is due.

4. The appointing authority decides whether the long-service award is not granted due to insufficient performance.

5. Long-service awards that have been paid are treated analogously to § 30a in the event of a change in the level of employment.

1. The employing authority decides, upon request from the superiors and within the scope of the ordinary means available to it, on the awarding of one-time bonuses. Criteria include the quality and/or quantity of performance as well as work behavior.

2. Two types of bonuses are awarded

a) Spontaneous bonuses valued up to CHF 300 as gifts in kind,

b) Bonuses valued from CHF 300 to CHF 5,000 as gifts in kind, cash, or in the form of paid leave for a maximum of 5 days.

2bis. The government council may, in special cases, award bonuses to the top management valued up to CHF 10,000 in cash.

3. Bonuses provided for in special funds for certain groups of staff or individuals may be combined with bonuses according to paragraphs 1 and 2, provided they do not relate to the same extraordinary performance or specific work.

1. A new job evaluation is conducted in the event of a significant and lasting change in the function during the course of employment or in the event of a significant change in the function as part of the position being newly filled.

2. The job evaluation is carried out by the evaluation committee at the request of the departments, the state chancellery, the courts, the judicial administration, or the directorates of the dependent institutions.

3. If the departments, the state chancellery, the courts, and the judicial administration, or the directorates of the dependent institutions do not agree with a decision of the evaluation committee, the government council decides.

1. Upon application by the departments, the state chancellery, and the courts as well as the judicial administration, HR Aargau determines whether the conditions for granting a labor market allowance for certain functions are met.

2. The government council decides, upon application by the Department of Finance and Resources, on the granting of a labor market allowance for certain functions and determines the duration and amount of the labor market allowance.

1. The departments, the State Chancellery, the courts and the judicial administration, as well as the directorates of dependent institutions, decide whether deductions from salaries should be made for meals that must be consumed at the workplace and which are covered by the employer. The amount of the deductions is determined in accordance with the provisions of social security legislation.

2. The rent for official residences is determined by the Department of Finance and Resources, provided this authority has not been delegated to other bodies; any inconveniences arising from the obligation to use a specific residence can be considered, in agreement with the bodies responsible for employment, by a rental deduction according to the guidelines of the Government Council.

3. Salary deductions are specified in the employment contract.

1. Sickness and accident-related work absences within the same calendar year are aggregated when determining the entitlement to continued remuneration.

2. If work is resumed for at least 3 months after the termination of continued remuneration and substitute wage benefits, a new entitlement is established.

3. If the incapacity for work lasts longer than 3 days, supervisors may require a medical certificate. If there are legitimate doubts about the incapacity for work, a medical certificate may be required from the first day of absence.

1. The wage paid during the time of military, civil defense, fire service, and civilian replacement service can be reclaimed if the employee fails to submit the necessary documents for claiming the payment.

1. HR Aargau supports the government council in matters of personnel policy. It provides services for the departments, the state chancellery, the courts, and the judicial administration as well as for the dependent institutions. It formulates the principles of personnel development and organizes educational events. It ensures uniform implementation of personnel and salary law provisions and is responsible for corresponding controlling.

1. The departments, the state chancellery, the courts, and the judicial administration designate their human resources officials.

2. The human resources officials are responsible for personnel matters within the framework of personnel policies, personnel regulations, and departmental rules.

1. Implemented in the form of an order

a) Classification in the salary grade,

b) Determination of the salary and salary supplements,

c) Approval for the exercise of secondary employment and the acceptance of public offices,

d) Disciplinary measures,

e) Termination of the civil service relationship for important reasons,

f) Decision on the non-granting of long-service gifts.

2. All other personnel matters shall be regulated contractually.

1. The Government Council elects the Chairwoman or Chairman and the members of the Conciliation Commission for a term of 4 years.

1. The State Chancellery shall serve as the Secretariat of the Conciliation Commission.

1. The compensation for the chairperson of the Conciliation Commission is governed by Annex II to the Wage Decree.

2. The compensation for the other members of the Conciliation Commission is governed by the rates applicable to district courts according to the Decree on the Compensation of Part-Time Judges dated 21 September 2010.

1. The Arbitration Committee is composed of the President and 2 members designated by the President for the handling of disputes.

2. If the President is unable to attend, a member of the Arbitration Committee assumes the chairmanship.

1. The request for initiation of the conciliation procedure must be submitted in writing. The submission must set forth the facts of the case and include an application along with a justification.

1. The parties shall submit the documents necessary for the handling of the dispute.

2. The conciliation commission establishes the facts ex officio. It evaluates the submitted documents at its discretion and may informally question the parties and persons designated by them, obtain written information, and conduct an inspection. It provides the participants with the opportunity to submit written statements.

1. The Arbitration Commission shall communicate the result to the parties involved in the proceedings in writing no later than 3 months after receipt of the application. The recommendation shall include the following details

a) Date,

b) Composition of the Arbitration Commission,

c) Parties,

d) Requests and reasoning,

e) Deliberations of the Arbitration Commission,

f) Result,

g) Description of the legal remedies available to the parties,

h) Signature of the President.

1. The following are repealed

a) the Ordinance to the Decree on the Employment Relationship and Remuneration of State Officials (Remuneration Decree) dated June 19, 1972;

b) the Ordinance on the Employment Relationship and Remuneration of Employees in State Institutions (Employees Ordinance) dated January 12, 1972;

c) the Ordinance on the Employment Relationship and Remuneration of Temporary Staff dated March 7, 1969;

d) the Ordinance on the Employment Relationship and Remuneration of Craftsmen, Chauffeurs, and Workers as well as Road Supervisors of the Department of Construction (Personnel Ordinance of the Direct Labor Enterprises) dated March 5, 1973, except for § 11 introductory sentence and item 1 as well as § 13 paragraph 4;

e) the Ordinance on the Employment Relationship and Remuneration of Janitors in State Buildings dated December 18, 1969;

f) the Ordinance on the Employment Relationship of State Foresters, Forest Wardens, and Forest Workers of the State Forestry Administration (Forest Personnel Ordinance) dated January 13, 1975.

1. The Implementing Ordinance to the Federal Act on Gender Equality of July 3, 1996, is amended as follows

*Text inserted in the relevant decree.*

1. Changes that result in a deterioration of the status of employees must be published 4 months before they come into effect.

1. This regulation shall be published in the legal gazette. It shall come into force on April 1, 2001.

2. The provisions of Sections I, II, III, VII, and IX, as well as § 58, shall come into force on November 1, 2000, based on Number 1 Paragraph 2 of Annex III of the Decree on the Salaries of Cantonal Staff dated November 30, 1999.

3. § 27a shall come into force on August 1, 2022, and is limited until April 30, 2024.