Staff Ordinance (PeV) - Scope (PEV)

1. This ordinance regulates the rights and obligations of the employees of the canton, insofar as the legislation does not contain other provisions.

2. This ordinance and the implementing decrees based on it shall apply mutatis mutandis to the districts, the fire inspection municipality, the parish communities, and the school communities, insofar as they do not have divergent regulations of their own or other cantonal regulations do not exist for them.

1. Insofar as this regulation and the implementing decrees based on it do not provide otherwise, the provisions of the Swiss Code of Obligations shall apply.

2. The employment relationships are of a public law nature.

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1. Insofar as this regulation and the executive orders based on it do not stipulate otherwise, the tasks, competencies, and responsibilities in the personnel area lie with the Standing Commission.

2. The Standing Commission may delegate these tasks and competencies to individual departments, commissions, or other administrative units.

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4. The term "department" as per this regulation and the executive orders based on it also includes the Chancellery led by the Council Clerk.

5. The court presidents exercise the personnel-related duties and rights assigned to department heads in the personnel decrees of the canton within their respective areas.

1. The Personnel Office is the specialist unit for personnel matters of the cantonal administration.

2. It assists the Council of State in matters of personnel policy and personnel development.

3. It supports the departments, supervising personnel, and employees in their personnel concerns.

4. The Council of State determines the tasks and responsibilities of the Personnel Office.

1. Job descriptions shall be prepared for all positions, outlining the tasks, responsibilities, and authorities.

2. The positions shall be evaluated. The job evaluation forms the basis for salary classification.

1. Employee discussions are to be conducted with employees at least once a year.

2. The employee discussion serves for motivation and promotion as well as performance evaluation of the employees and provides them with the opportunity to present their concerns.

1. Employees have the right and obligation to pursue further education.

2. The employer promotes the training and further education of employees. Certain measures may be declared mandatory.

1. The competent authority may only disclose personal data to third parties if there is a legal basis for doing so or if the individual concerned has given written consent to the data disclosure.

1. Employees may be required by the authority responsible for employment, in justified cases, to undergo a medical examination.

1. Positions to be Filled Must be Advertised Publicly. In justified exceptional cases, particularly in the event of internal reassignments, the authority responsible for employment may refrain from doing so.

1. The appointing authority may, if the nature of the employment requires, oblige employees to take up residence in the canton.

2. It can contractually stipulate the residence requirement.

1. The authority responsible for employment may, if the nature of the work requires it, demand a medical examination by a trusted physician prior to appointment.

1. The employment is established through a written contract.

1. The first three months of employment are considered a probationary period.

1. Employees are entitled to 25 paid vacation days each calendar year, and starting the year in which they turn 50, 30 vacation days.

2. For an incomplete calendar year, vacation is to be granted corresponding to the duration of the employment relationship in the respective year.

3. Vacation is generally to be taken during the respective calendar year, with at least two weeks taken consecutively.

4. The employer determines the timing of the vacation. They take into account the wishes of the employees, insofar as this is compatible with the interests of the business and those of other employees.

1. The entitlement to leave is not reduced for services, illnesses, and other absences from work not caused by one's own fault, lasting up to two months per year. If the absence exceeds this duration, the entitlement to leave is reduced by one twelfth for each additional month of absence.

1. Paid leave is granted for important personal or family-related absences.

2. The Board of Trustees shall regulate the details and may establish additional reasons for leave.

3. The afternoons of December 24 and 31 are considered paid half-days, provided they fall on a weekday.

1. The authority responsible for the regulation of unpaid leave is the Professional Commission.

2. There is no entitlement to unpaid leave.

1. Employees may request a work certificate at any time.

2. Upon the employee's request, the certificate may only address the scope of employment and the duration of the employment relationship or additionally also assess performance and conduct.

3. A certificate that evaluates performance and conduct is generally based on the periodic employee evaluations.

1. The Executive Council may delegate the regulation of expense compensation to a department.

1. **Employees' Obligation for Personal Service**

The employees are obliged to provide personal service. They are required to dedicate their full effort to their duties and fulfill their obligations faithfully, diligently, and conscientiously. Both within and outside of their duties, they must uphold the interests of the employer.

1. Employees are obligated to maintain confidentiality regarding official matters. The duty of confidentiality continues to apply even after the termination of the employment relationship.

2. Employees may not solicit or accept money, monetary benefits, gifts, or other advantages for themselves or others, either for an official activity or in their official capacity.

3. The regulatory commission shall further regulate the specifics, particularly the handling of courtesy gifts.

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1. The regular working hours amount to 42.5 hours per week.

2. The commission may establish different working hours for specific groups of persons and functions, within work models, or in special situations.

3. Employees are required to work overtime as necessary.

4. The commission determines the prerequisites and legal consequences of overtime work.

1. In case of need, the organ responsible for employment may assign employees to other duties appropriate to their education and qualifications, which do not fall under the scope of the position for which they were originally employed.

1. The exercise of secondary employment or the acceptance of public offices is permissible if it does not impair the performance of official duties, is compatible with the employment relationship, and does not result in any conflicts of interest.

2. Secondary employment or the exercise of a public office may be restricted or prohibited by the authority responsible for the employment if the employment with the canton is thereby impaired.

3. Before assuming a public office or commencing secondary employment, the head of the department must be informed.

4. Offices subject to compulsory service are reserved.

1. If working hours are required for a secondary occupation or a public office, authorization from the body responsible for employment is necessary. The authorization may be subject to conditions and stipulations.

2. Offices with mandatory office obligations are not subject to the requirement for authorization. However, if the exercise of the office impairs employment with the canton, the latter may also be subject to conditions, associated with stipulations, adjusted, or revoked.

1. The employer is liable for damages arising from unlawful acts or omissions committed in the performance of official duties.

2. Employees who intentionally or through gross negligence cause damage to the employer are liable to the employer in accordance with the provisions of the Code of Obligations. The Standing Commission is responsible for initiating such actions.

3. Anyone who commits a misdemeanor, offense, or crime in their official capacity will be prosecuted in accordance with the provisions of criminal law. On behalf of the canton, the Standing Commission is responsible for filing requests for criminal investigations against suspected employees.

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1. Employees who are legally challenged in connection with the performance of an official duty are offered an initial consultation by the Personnel Office.

2. If necessary, the Office of Cantonal President provides legal protection, usually by involving a legal expert from the administration.

1. The salary is determined according to a functional grade and is particularly based on qualifications, experience, and market conditions.

2. For salary development, performance and behavior are of particular significance.

3. In cases of inadequate performance or behavior, salary reductions are possible. The head of the department determines the necessary measures.

1. The Professional Commission establishes the salary framework.

1. If employees are prevented from performing their work duties for reasons inherent to their person, such as illness, accident, or the fulfillment of legal obligations, without fault on their part, the employer must pay the corresponding net salary for six months, along with appropriate compensation for lost benefits in kind, provided the employment relationship has lasted for more than three months or was contracted for more than three months.

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3. If the illness or accident is attributable to gross personal negligence, the professional commission may reduce or revoke the continued salary payment at its discretion.

4. The continued salary payment terminates at the latest with the end of the employment relationship.

1. Regarding wages during mandatory military service, Red Cross service, civil protection, and civilian service, the following applies

1. * During recruitment and for services of up to 16 weeks per year, the wage is paid in full.

2. * For services exceeding 16 weeks per year, 70% of the wage is paid. Employees with dependent support obligations receive 90%.

2. The compensation from the income compensation scheme accrues to the employer, insofar as it does not exceed the wage payment during the service period. This also applies to services during vacations, days off, or paid leave.

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1. Voluntary military service, Red Cross service, civil protection, and civil service are generally to be performed during free time.

2. If working time is required, an authorization is necessary. There is no entitlement to paid or unpaid leave.

3. For services rendered during vacation, non-working time, or unpaid leave, the compensation from the Earnings Compensation Scheme goes to the employee; otherwise, it goes to the employer.

1. Female employees are entitled to a paid maternity leave of 16 weeks from the day of childbirth.

2. In the event of a hospitalization of the newborn, the maternity leave is extended by the period during which the maternity insurance provides additional compensation.

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1. Employees shall be granted two weeks of paid leave upon paternity.

1. Employees are entitled to paid leave for the time necessary to care for a family member or life partner with a health impairment, but no more than three days per incident and ten days per year.

2. Employees whose child is severely health-impaired due to illness or accident, and therefore entitled to a care allowance according to the Federal Compensation for Loss of Earnings Act, are entitled to paid caregiving leave of up to 14 weeks.

**1. In the event of the death of an employee, there is an entitlement to full salary for the month of death and the subsequent two months.**

**2. If there are minor children or other dependents in need of support, the pension fund benefit is supplemented to match the previous salary for an additional three months.**

**3. Pensions and benefits provided by social insurance in the event of death are offset against the continuation of salary payments, ensuring that the beneficiaries of the employee receive a maximum of 100% of the last salary.**

1. Employees receive a loyalty bonus after at least ten years of employment. The details are regulated by the Professional Commission.

1. The employer shall conclude a daily sickness allowance insurance for the employees amounting to 80% of the salary for 730 days.

2. The employees are required to contribute towards the premiums of the daily sickness allowance insurance. The professional commission determines the premium share.

3. If there is a temporal gap between the continuation of salary payments and the provision of the daily sickness allowance insurance, the employer shall pay the salary at 80% during this period.

1. The employer insures the employees against the consequences of accidents in accordance with the Accident Insurance Act.

2. The employees are responsible for the premiums of non-occupational accident insurance.

1. Occupational pensions are governed by the provisions concerning the Cantonal Insurance Fund.

1. The employment relationship is terminated by

1. Termination

2. Mutual agreement

3. Expiry of the contractually agreed term

4. Early retirement

5. Reaching retirement age

6. Death

2. The professional commission is responsible for termination by the employer and the conclusion of termination agreements. It may designate a different responsibility in the case of temporary staff, interns, and similar functions.

1. The employment relationship shall be deemed terminated at the end of the month in which the AHV retirement age is reached.

2. Female employees may, by submitting a written declaration to the Personnel Office no later than one year before reaching retirement age, effect an extension of their employment until the end of the month in which they reach the age of 65, at the latest.

3. The Council of State may, upon request, grant employees an extension of the employment relationship beyond the age of 65.

4. Pension benefits upon retirement are regulated by the Cantonal Insurance Fund.

1. In compliance with the notice period and the formalities for termination, early retirement may be effected from the age of 60; the notification functions as a notice of termination.

2. In the event of early retirement, the professional commission may make a contribution to the insurance fund.

3. From the age of 60, it may approve a partial retirement with a gradually decreasing employment scope.

1. The Notice Period is

a) During the probationary period: 7 days;

b) * After the probationary period: three months.

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2. The Professional Commission may establish different notice periods for certain functions or individuals.

3. After the conclusion of the probationary period, termination must be declared at the end of a month.

1. The Board of Commissioners may enact supplementary law and, in justified individual cases, conclude agreements that deviate from this regulation.

2. For specific categories of employees, it may provide for law that deviates from the regulation.

3. It may transfer these powers, either partially or entirely, to public-law institutions or departments.

4. It may regulate the transition in the event of revisions to the personnel regulation.

3. Employees who will be 64 years old as of April 1, 2022, may submit a request to the Commission for an extension of their employment relationship until the end of the month in which they turn 65. This request will be granted if the extension can be operationally accommodated.

1. This regulation shall enter into force on January 1, 1999, following adoption by the Grand Council.