Decree on the Salaries of Cantonal Staff (Lohndekret) - Scope

1. This decree applies to all employees of the canton, insofar as specific provisions are not provided for them in another decree.

1. Outside of this decree, the government council regulates the following areas

a) the salary and any potential allowances for individuals in training, particularly in an apprenticeship and internship relationship, taking into account the purpose of the training;

b) the salary for individuals in a special employment relationship with a social purpose (protected workplaces, etc.);

c) * the compensation for extraordinary inconveniences, insofar as they are not already included in the position portion or salary allowances;

d) * the salary of young people up to the completed age of 18, in a temporary employment relationship without a training purpose;

e) * the provision of one-time supplementary salary benefits to the staff.

2. The criteria for general salary development (§ 10) also apply to these areas.

3. The highest body of an independent public institution may establish regulations deviating from the salary decree in a set of rules subject to approval by the government council. In doing so, the principles of legal equality must be observed and legality ensured.

1. The salary is paid to all employees as a monthly wage.

2. The monthly wage is determined based on the relevant annual salary and the agreed employment level.

3. In cases of hourly employment without a predetermined employment level, the monthly wage may be calculated based on the actual hours worked, according to a corresponding agreement. In these cases, the holiday entitlement is proportionately paid in monetary form. Any wage payments under special circumstances according to §§ 17 ff. are calculated based on the average number of hours worked over the last maximum 12 previous months.

1. The salary consists of

a) a position component (§ 5),

b) a performance component (§ 6), and

c) any applicable salary allowances (§§ 12 ff.).

1. The Executive Council determines the position component for all roles based on an evaluation of jobs conducted according to uniform criteria.

2. It considers the intellectual, psychosocial, and physical demands and stresses, as well as the responsibility for the work outcomes of other individuals.

a) * ...

b) * ...

c) * ...

d) * ...

3. The basis for determining the position component for all roles by the Executive Council is the report of an evaluation commission appointed by it, in which the personnel and both genders are adequately represented. This report must present the evaluation of the jobs as an overall structure.

4. Based on the report and taking into account the labor market situation, the Grand Council establishes the salary scale plan in Annex I and the Executive Council establishes the classification plan.

5. Individual reviews or the creation of new positions are guided by the same criteria and responsibilities within the overall structure.

6. The Executive Council periodically orders a review of the overall structure. If this results in changes to the salary scale plan, a corresponding proposal must be submitted to the Grand Council.

1. Reductions in salary scales and salary cuts due to operational reasons can be mitigated by the departments, the State Chancellery, and the judicial authorities by granting a vested right for a maximum of three years, or at most until the end of an ongoing term of office.

2. The determining factors for the duration of the granted vested right are the service and age, performance, behavior, and employability of the affected individuals.

3. Before making their decision, the authorities obtain an opinion from the department responsible for personnel.

1. The government council, the judicial administration, or the designated bodies shall annually determine the performance-related component of up to 40% of the position-related component based on the evaluation and the previous salary development of the employees.

2. The criteria for evaluation specifically include

a) Execution of work (professional competence);

b) Personal aspects that are significant for the work (self-competence);

c) Interaction and cooperation with other people during work (social competence);

d) * Application of experience;

e) * Degree of goal achievement.

3. The evaluation discussion forms the basis for the personal and professional development of the employees.

4. ...

1. Employees shall be informed annually about their personal salary. They may request a written notification, as well as a justification and an appealable decision.

1. In determining the initial salary, relevant professional and life experiences for the intended work are considered in the performance-related component.

2. For employees who do not fully meet the requirements of the job profile at the time of hiring, the initial salary may, as an exception, be set up to 15% below the position salary for a limited transitional period.

1. The government council issues the necessary procedural regulations as well as the substantive guidelines for the determination and adjustment of salaries.

2. It regulates the use of titles and degrees, particularly within the cantonal police.

3. The government council or the judiciary determines the responsible authorities for setting individual salaries.

1. The wage development in the canton keeps pace with the general wage development in the economy in the long term. When deciding on the average wage development, the following considerations must in particular be taken into account

a) the financial situation of the canton;

b) the general economic framework conditions;

c) the personnel policy objectives;

d) the wage development in the educational sector and in the economy;

e) the development of the consumer price index.

1. The average percentage change in salaries (including the share for system maintenance), determined by the Grand Council pursuant to § 13 of the Act on Results-Oriented Management of Tasks and Finances (GAF) dated January 11, 2005, is divided by the Government Council into a general and an individual portion. It is calculated based on the sum of position and basic salaries, as well as performance and experience shares. Salaries according to §§ 5 ff., and those according to § 22, must be treated equally in the average salary progression over time. The distribution of individual portions is carried out in accordance with § 6 or § 22 paragraph 2.

2. The sum of the adjusted salaries (including additional funds for salary system maintenance), the funds for newly created positions, as well as any changes in employer contributions or allowances, constitute the total salary sum.

3. Reductions to the minimums of salary grades according to Appendix I must be published 4 months before they take effect.

4. Increases to the minimums of the salary grades must be updated and included with periodic revisions in Appendix I.

1. Employees are granted child and education allowances in accordance with the cantonal implementing provisions of the Federal Act on Family Allowances.

1. Employees are granted a long-service award upon satisfactory performance after 15 years and every subsequent 5 years of service. This award consists of 4 weeks' paid leave after 15 and 30 years of service, and 2 weeks' paid leave in other cases.

2. ...

2bis For employees whose salary is calculated based on hours worked pursuant to § 3 paragraph 3, the long-service award is paid out. In this context, 4 weeks of paid leave corresponds to one twelfth of the salary of the last 12 months (excluding child and education allowances).

1. If employment contracts with members of certain professional groups can only be newly concluded or continued due to the labor market situation by correspondingly increasing the salary, a temporary allowance to the positional salary component may be enabled for these professional groups or for individual employees. A periodic reassessment must be conducted.

2. The government council determines the maximum amount and duration and issues the implementing provisions.

1. An allowance may be granted for a temporary additional functional burden lasting several months. If it lasts more than one year, a reassessment of the function must be undertaken.

2. In the case of the permanent assignment of a deputy function for management positions, an allowance of up to 5% of the individual's own salary is granted.

1. Extraordinary performances or special tasks may be rewarded with one-time recognition bonuses to individual employees or work teams.

2. The bonuses can be granted in the form of monetary payments, time off, in-kind contributions, or special personnel development measures.

3. The government council establishes the conditions and criteria for the issuance of the one-time bonuses.

1. In cases of proven incapacity to work due to illness and accident, the salary shall be paid in full for a period of 6 months.

2. Claims for compensation against third parties, with the exception of purely private daily allowance insurance, are to be assigned to the canton.

3. If the incapacity to work is caused intentionally or through gross negligence, the claim may be reduced.

1. The employer ensures wage replacement benefits in case of illness and accident for an additional 18 months at the amount of the average net wage of the last 12 months of full employment.

2. The wage replacement benefit is provided through mandatory daily allowance insurance.

3. The employees pay half of the required premiums.

1. During military service, civil defense, fire service, and civilian alternative service, to which employees are obligated based on their assignment and rank, the salary is paid.

2. Employees who have completed recruit school or comparable service and subsequently cannot perform service for professional reasons, for which the canton is responsible, are entitled to reimbursement of the military service compensation they paid.

3. Compensation for loss of earnings for services during which the salary was paid by the canton accrues to the canton.

1. Employees are paid their previous salary during pregnancy and maternity leave for a period of 16 weeks.

2. If childbirth occurs within the first 6 months after commencing employment, the employee receives the benefits under the Federal Act on Compensation for Income for Service Providers and Maternity (Income Compensation Act, EOG) of September 25, 1952, but at least half of the salary.

3. Compensation for loss of income from a state maternity insurance scheme for the period during which the salary was paid by the canton shall be transferred to the canton.

1. The Government Council regulates the granting of paid and unpaid leave, particularly in connection with personnel development measures, external education and training, parenthood, extracurricular youth work, or voluntary services in the public sector.

2. It regulates short leaves due to childcare, family celebrations, bereavements, relocations, care of sick family members, or other important personal reasons.

3. Leave can be subject to conditions and requirements.

1. Upon the death of an employee, the salary shall be paid to the dependents whom the deceased regularly supported, for an additional month, and after five years of service, for two additional months, calculated from the date of death.

2. The right to continued salary payment primarily belongs to the surviving spouse or registered partner. Secondly, the eligibility of other regularly supported dependents is determined according to the relevant provisions of the personnel pension scheme with which the deceased was insured before their death.

1. For the following groups of personnel, a base salary and an experience component are established in place of the position and performance portion

a) judges elected by the people or the Grand Council;

b) * ...

c) * ...

d) * ...

e) other groups of personnel listed in Appendix II, for which performance assessment is not meaningful due to the special nature of the employment relationships or areas of activity.

2. The base salary is determined by the Grand Council in Appendix II. In the case of a positive overall assessment, an experience component determined by either the Executive Council or the judicial leadership is added, which can amount to a maximum of 20% of the base salary.

3. Parallel to the periodic reviews of the overall structure pursuant to § 5 Para. 6, the structure of the base salaries for the special groups of personnel is also to be reviewed.

1. For special tasks or when specific qualifications are necessary, the Executive Council may, by exception, determine the salary amount through a public-law contract in deviation from this decree.

2. These deviations must be reported to the competent committee of the Great Council. If the deviation exceeds more than 10% of the maximum salary possible under the decree, their opinion must be obtained beforehand.

1. Insofar as other enactments establish wages inclusive of cost-of-living allowances, the amount of the cost-of-living allowance is determined annually by the Council of Ministers.

2. It is neither higher than the development of the consumer price index nor higher than the development of the wage sum according to § 11.

3. Insofar as other enactments refer to the previous decree on the employment relationship and remuneration of state officials (Remuneration Decree), the provisions of this decree shall apply mutatis mutandis.

1. The salary is paid at the end of each month.

2. The 13th part of the annual salary is paid at the end of the year as the 13th monthly salary. In the event of joining or leaving during the year, or during unpaid leave, the payment is made proportionally.

1. Employee contributions to the legally mandated social security and pension schemes, as well as those to the compulsory health and accident daily allowance insurance, are deducted from the salary.

2. To settle a recognized claim or as security for a disputed claim arising from the employment relationship, no more than one-tenth of the monthly salary, and in total not more than the salary for one workweek, can be withheld.

1. ...

2. The canton insures the employees against accident consequences.

3. The premiums for non-occupational accident insurance are borne by the employees. Insofar as the insurance premiums for employees who are insured elsewhere exceed the premium rates of the canton's UVG insurer, the canton covers the difference.

4. ...

1. The Decree on the Employment Relationship and Remuneration of Teachers at Public Schools (Teacher Remuneration Decree I) of November 24, 1971, is amended as follows

*Text inserted in the relevant decree.*

1. This Decree is to be published in the Official Gazette. It shall enter into force on January 1, 2000.

1. As of January 1, 2000, §§ 20 and 40 of the Decree on the Employment Relationship and Remuneration of State Officials (Remuneration Decree) dated November 24, 1971, are repealed.

2. As of May 1, 2000, § 30 of the Decree on the Employment Relationship and Remuneration of State Officials (Remuneration Decree) dated November 24, 1971, as well as all provisions in cantonal remuneration orders that provide for the granting of a regular service allowance, are repealed, subject to § 32.

3. As of April 1, 2001, the following are repealed

a) §§ 18, 19, 21-26, 28, 29, 31-33, 35-39, 41 and 42, as well as Appendices 1-3 of the Decree on the Employment Relationship and Remuneration of State Officials (Remuneration Decree) dated November 24, 1971;

b) the Decree on Child Allowances for State Personnel and Teachers dated January 17, 1989;

c) the Decree on the Remuneration of the Police Corps dated November 24, 1971.

4. As of January 1, 2002, § 43 of the Decree on the Employment Relationship and Remuneration of State Officials (Remuneration Decree) dated November 24, 1971, is repealed.

5. As of January 1, 2009, § 44 and Appendix 4 of the Decree on the Employment Relationship and Remuneration of State Officials (Remuneration Decree) dated November 24, 1971, are repealed.

1. The government council issues the implementing regulations.