Personnel Act (PG) - Purpose (PG)

1. This law governs the principles of the employment relationship between the canton as employer and its employees.

1. This law applies to the employees of the cantonal administration, including dependent institutions and enterprises, as well as the courts.

1bis. Unless there is a specific regulation, the law and the implementing provisions also apply to the employees of autonomous institutions and enterprises of the canton.

2. Not considered employees under this law are

a) * the members of the Cantonal Council;

b) * the members of the Government Council;

c) * the members of the courts;

cbis) * the members of conciliation authorities;

d) * the members of boards of directors;

e) * the members of commissions.

3. Municipalities may declare this law fully or partially applicable to their employees.

1. Employment relationships are governed by public law. They are subject to this law, its implementation provisions, any applicable collective labor agreements, and the overarching federal law.

2. Unless this law and its implementation provisions stipulate otherwise, the relevant provisions of the Code of Obligations apply mutatis mutandis.

3. The government council regulates the employment relationships of apprentices.

1. The canton may enter into or join a collective labor agreement for specific professional groups or certain areas.

2. The cantonal council may authorize the government council to conduct negotiations with the representation of the affected employees.

3. The collective labor agreement requires the consent of the representation of the affected employees and the approval of the cantonal council.

1. The canton is committed to a modern, socially responsible, and economically sustainable personnel policy. In particular, it promotes the employees, ensures their equal treatment, and guarantees equal opportunities for women and men.

2. It respects and protects the personality of the employees and duly considers their health.

3. The government council issues a policy statement on its personnel policy, reviews it at regular intervals, and establishes the necessary conditions for its implementation. It presents the policy statement to the cantonal council for acknowledgment.

1. A representation of the government council and a representation of the employees constitute the social partner conference. The goal is to maintain the social partnership through regular discussions and, whenever possible, to prepare consensual decision-making foundations.

2. Within the framework of the social partner conference, the representation of the employees is informed early and comprehensively about intended decisions that may affect the employees, and they are heard on these matters. Additionally, they have the right to express their views; this right is also granted to employee associations.

3. The government council may grant its representation a negotiation mandate. The outcome of a potential consultation process remains reserved.

4. Employee or operational commissions may be established to represent the employees vis-à-vis the employer.

5. The regulation governs the equal composition of the social partner conference. A jointly developed and issued regulation by the social partners determines further details, particularly concerning collaboration.

1. In the absence of a specific provision, all rights and obligations of the employer are exercised by the appointing authority.

2. The appointing authority may delegate personnel-related activities to subordinate organizational units.

1. The Government Council is responsible for hiring and termination

a) of the heads of the department secretariats;

b) * of the heads of organizational units directly subordinate to the department heads;

bbis) * of the heads of organizational units directly subordinate to the chancellor;

c) * of the heads of non-autonomous institutions and enterprises;

d) * ...

2. The court presidents are responsible for hiring and termination of all court personnel.

3. The chancellor is responsible for hiring and termination of the employees of the cantonal chancellery, unless the Government Council is responsible.

4. Otherwise, the responsibilities for hiring and termination are governed by the Government Council's regulation or the organizational rules of the autonomous institutions or enterprises.

5. ...

1. The superior of an employee is determined by the employment contract or job description.

1. The Personnel Office serves as the specialist authority for all personnel matters concerning cantonal administration, including dependent institutions and enterprises as well as the courts.

2. The Personnel Office supports the Executive Council and organizational units in the implementation and further development of personnel policy and in the uniform application of personnel law.

3. The Personnel Office periodically reviews whether the principles and goals of personnel policy are being implemented and reports to the Executive Council.

4. Within its scope of responsibilities and tasks, the Personnel Office has full rights to access and information in all matters related to personnel law.

5. The regulation governs the specifics. It may provide for personnel services for dependent institutions and enterprises that are subject to the professional authority of the Personnel Office.

6. The Personnel Office may, based on a performance agreement, fulfill personnel tasks for independent institutions and enterprises.

1. Open positions are generally advertised publicly.

1. The selection of employees is based on the requirements according to the job description as well as professional and personal suitability. Qualifications acquired outside of work, particularly family and caregiving work or voluntary work, must also be taken into account. The regulation governs the selection process.

2. The employment conditions must be reviewed in advance by the personnel office.

1. The Employment Relationship Arises Through the Conclusion of a Written Employment Contract.

1. The probation period is 3 months. In justified cases, it can be contractually waived or extended to a maximum of 6 months.

2. In the event of an inability to work due to illness, accident, maternity, or military and other services, the probation period is extended accordingly.

1. The employment relationship may be temporary or permanent.

2. In temporary employment relationships, the probationary period may be waived or ordinary termination before its expiry may be excluded in the employment contract.

1. The employment relationship ends

a) upon reaching the statutory retirement age (Art. 19);

b) * ...

c) by mutual agreement (Art. 21);

d) in the event of total disability of the employee (Art. 22);

e) upon expiration of the agreed duration (Art. 23);

f) by ordinary or immediate termination (Art. 24 ff.);

g) upon the death of the employee.

1. The employment relationship ends without notice at the end of the month in which the statutory retirement age according to the Federal Act on Old Age and Survivors' Insurance is reached.

2. For teaching staff, the employment relationship ends without notice at the end of the semester in which they are ordinarily retired.

3. In justified cases, the employment relationship can be contractually extended by mutual agreement until the completion of the 70th year of age.

1. The employment relationship can be terminated at any time by mutual agreement through a written contract.

2. An agreement for compensation is possible up to a maximum extent of six months' salary.

3. If the employment authority intends to mutually terminate the employment relationship, the personnel office must be consulted in advance.

1. The employment relationship ends upon the complete invalidity of the employee without termination upon the finality of the IV decision.

1. A fixed-term employment relationship ends without termination upon the expiration of the agreed duration.

1. The employment relationship may be terminated by either party, either with notice or without notice.

2. The employer's termination with notice requires a valid reason.

3. Termination without notice requires an important reason. An important reason is any circumstance that renders the continuation of the employment relationship unreasonable for the terminating party.

1. In justified cases, the appointing authority may order a leave of absence.

2. During the leave of absence, the employee must offset any earnings from other employment against their salary.

1. During the probationary period, the employment relationship may be terminated at any time with a notice period of 7 calendar days to any desired date.

2. After the expiration of the probationary period, the employment relationship may be ordinarily terminated with the following notice periods to the end of each month

a) two months in the first year of service;

b) three months from the second year of service.

3. In justified cases, the parties may agree in the employment contract on a longer notice period of up to 6 months.

4. The regulation may restrict the termination dates pursuant to paragraph 2.

1. If the appointing authority intends to terminate the employment relationship, the personnel department must be consulted.

2. The employee must be granted the right to be heard. If an immediate decision is necessary in the public interest, the hearing must be conducted as soon as possible afterward.

3. Every termination must be in writing. Termination by the employer takes the form of an order.

1. Termination of Employment by the Employer is Considered Abusive if it is Pronounced

a) Due to a characteristic inherent to the employee by virtue of their personality, unless this characteristic is related to the employment relationship or significantly impairs cooperation;

b) Because the employee exercises a constitutional right, unless the exercise of that right violates a duty arising from the employment relationship or significantly impairs cooperation;

c) Solely to prevent the accrual of entitlements by the employee from the employment relationship;

d) Because the employee asserts claims arising from the employment relationship in good faith;

e) Because the employee performs obligatory Swiss military or protective service, Swiss civil service, or fulfills a legal obligation not assumed voluntarily;

f) Because the employee belongs to, or does not belong to, an employee association, or because they lawfully engage in trade union activity;

g) And is discriminatory according to the provisions of the second section of the Equality Act.

2. The Legal Consequences of an Abusive Termination are Governed by Article 30.

**1. After the probation period, the employer may not terminate the employment relationship:**

a) during the time when the employee is performing Swiss compulsory military or civil defense service, or Swiss civil service, as well as during the 4 weeks before and after, provided the service lasts more than 11 calendar days;

b) during 180 calendar days, in which the employee is, without their own fault, wholly or partially unable to perform work due to illness or accident;

c) during pregnancy and in the 112 calendar days following the birth of a child; the protection period is extended in the case of Art. 42 para. 2bis by the duration of the hospitalization, but at most by 56 calendar days;

d) during the time when the employee, with the employer's consent, participates in a service ordered by the competent federal authority for a relief action abroad.

**2. The notice period begins to run upon receipt of the notice by the employee.**

**3. If the notice of termination is given before a protection period and the notice period has not yet expired by then, its expiration will be interrupted and will only continue after the end of the protection period. If the notice is given during a protection period, the notice period will begin to run only after the protection period has ended.**

**4. If there is a termination date for the end of the employment relationship, such as the end of a month, and this date does not coincide with the end of the continued notice period, the notice period is extended until the end of the current month.**

1. An ordinary or summary dismissal may be contested pursuant to Art. 70 et seq.

2. A declared dismissal is valid in any case. There is no entitlement to continuation of the previous employment relationship or to the commencement of a new employment relationship.

3. If the dismissal is contested, the appointing authority may offer the dismissed employee continued employment or other reasonable work.

4. If the dismissal is subsequently found to be unlawful, or if a fundamental procedural principle has been grossly violated, the employee is entitled to compensation of up to six months' salary, provided no continued or reinstated employment occurred.

5. In the event of an unjustified summary dismissal, the employee is also entitled to compensation for what he or she would have earned if the employment relationship had been terminated with due notice or upon expiration of the specified contractual period. The employee must account for savings as a result of the termination or any earnings from alternative employment, or intentionally avoided earnings.

1. In the event of a substantial number of dismissals due to job reductions, the Executive Council, in consultation with representatives of the affected employees, shall establish a social plan. This plan shall govern the financial benefits provided by the canton to the dismissed employees. It may also include provisions for other types of benefits.

1. If the employee begins the employment without a valid reason or leaves it without due notice, the employer may claim compensation equivalent to one-quarter of one month's salary. Furthermore, the canton is entitled to compensation for any additional damages.

1. By mutual agreement, the employment relationship may be modified at any time in consultation with the Personnel Office. The modification must be made in writing.

2. If no agreement is reached, either party may request a unilateral change to the employment relationship (amending termination). The amending termination is governed by Art. 24 et seq.

3. ...

1. Employees are entitled to reasonable compensation. The amount of compensation is determined by the position and the individual attributes of the employees, namely qualifications, education, performance, and experience.

2. Employees with comparable qualifications, education, performance, and experience are entitled to equal pay for equal or equivalent work.

3. Each position is assigned to a specific salary grade based on its functional value. For certain designated functions, the salary grade may be determined without a functional assessment. The salary grade determines the minimum and maximum salary. The level of compensation within a specific salary grade is particularly determined by the employee's performance.

4. ...

5. In justified exceptional cases, compensation that deviates from paragraph 3 may be established, notably when specialists cannot be found on the labor market according to the rules for determining the salary.

6. The salary ordinance regulates further details.

1. Employee wages are reviewed annually and adjusted if necessary.

2. The government council decides on general wage adjustments.

3. The employment authority decides on individual wage adjustments.

4. General and individual wage increases are subject to the approval of the budget.

5. The salary ordinance regulates the details.

1. The Salary Ordinance may provide allowances for inconveniences, such as irregular working hours, additional duties or work hardships, as well as for external childcare.

2. The child allowances are determined according to the Introductory Law to the Federal Act on Family Allowances.

1. Employees are entitled to reimbursement for work-related expenses (expense compensation). The salary ordinance provides further details.

2. Employees subject to compulsory occupational pension provision are insured with the AR Pension Fund. Exceptions are decided by the Government Council.

1. In the event of incapacity to work due to illness, employees receive continued payment of wages for a period of 730 calendar days per case. During the first 6 months, the wage continuation amounts to 100% of the salary, thereafter 80%.

2. The employer takes out a daily sickness allowance insurance. The premiums are borne equally by the employer and the employees.

1. Employees are insured against the consequences of occupational and non-occupational accidents according to the provisions of the Federal Law on Accident Insurance.

2. In the event of incapacity to work due to an accident, employees receive continued salary payment for 730 calendar days per case. During the first 6 months, the continued salary payment amounts to 100% of the salary, thereafter 80%.

3. The premiums for occupational accident insurance are borne by the employer. The premiums for non-occupational accident insurance are borne by the employees.

1. Continuation of Salary Payment During Maternity Leave is governed, subject to paragraphs 2 and 2bis, by the Income Compensation Act.

2. The continuation of salary payment amounts to 100% of the salary and lasts for 112 calendar days. Maternity leave begins at the earliest 14 calendar days before the expected date of childbirth and must be taken consecutively.

2bis. If the child has spent at least 14 calendar days in the hospital, the continuation of salary payment according to paragraph 2 is extended by the duration of the hospitalization, but by no more than 56 calendar days.

3. The employer shall conclude insurance for the portion of the salary continuation that exceeds the benefits according to the Income Compensation Act (EOG). The premium shall be borne equally by the employer and the employees.

1. In the case of military and similar services (particularly civil service, protective service, Red Cross service), employees receive a wage continuation of 100% of their salary for a period of 3 months per year. After the expiration of this period, they receive benefits according to the Income Compensation Act.

1. Child and education allowances shall be granted for the entire duration of the period during which salary continuation is compulsory. Allowances for non-family childcare are granted during the first 6 months of work incapacity. Other compensations are excluded from salary continuation, provided they do not accrue during the work incapacity.

1bis. Compensation for regular inconveniences such as on-call duty, extraordinary working hours, and additional services is also granted during vacation and in the case of salary continuation.

2. Salary continuation may be reduced or withdrawn if the employee

a) intentionally or with gross negligence caused the illness or accident;

b) knowingly exposed themselves to an extraordinary danger or risk.

3. Any wage replacement payments made by third parties, such as in particular compensation for loss of earnings, daily allowances, and pensions from accident, health, or disability insurance, shall transfer to the employer to the extent of the salary continuation provided by him. Salary continuation may not exceed the wage paid during active employment and shall in any case terminate upon the end of the employment relationship.

4. Claims of the employees against liable third parties shall transfer to the employer to the extent of the salary continuation provided by him.

1. The Canton and the employees may agree on the conclusion of additional collective insurance policies, such as supplementary health or accident insurance. The premiums incurred for these shall be fully borne by the employee.

1. Special recognition bonuses may be awarded for exceptional performance.

2-3

...

4. There is no legal entitlement to the awarding of a recognition bonus.

5. The remuneration ordinance governs the details.

1. Employees receive a long service award upon the completion of the 10th, 20th, 30th, and 40th year of service as a recognition.

2. It consists of

a) * for teaching staff, either 1/12 of the annual salary or 20 working days of paid leave during the teaching period;

b) * for all other employees, either 10 working days of paid leave and 1/24 of the annual salary or 20 working days of paid leave.

2bis. Vacation days that cannot be taken before the end of the employment relationship will be paid out.

3. The individual amount of the long service award is determined by the average employment level over the last 10 years.

4. ...

5. The Salary Ordinance regulates further details.

1. In the event of the death of the employee, the salary shall continue to be paid for 3 months to

a) the surviving spouse;

abis) the surviving partner of a registered partnership;

b) the surviving children who are entitled to child or educational allowances under the Federal Law on Family Allowances, provided that no payment is made pursuant to item a or abis.

c) the surviving cohabiting partner, if it can be proven that an unregistered cohabitation equivalent to marriage existed with the deceased for at least five years immediately prior to their death, and provided that no payment is made pursuant to item a, abis, or b.

2. If the death results in financial hardship for the eligible dependents, the employing authority may, upon request, extend the duration of payments up to 6 months.

1. The entitlement to vacation per calendar year is as follows

a) 25 working days for employees up to the age of 50;

b) 30 working days for employees from the age of 50.

2. The vacation entitlement according to section 1 letter b arises from the beginning of the calendar year in which the employee turns 50 years old.

1. The timing of taking leave shall be determined by the supervisory authority, taking into account operational circumstances and after consultation with the employee.

2. Annual leave should be taken in the year in which it is accrued. If the leave has not been taken, it shall be mandated to be taken in the following year.

1. In the event of inability to work due to illness, accident, military, or similar services, the employee's vacation entitlement is reduced by 1/10 for each additional 30 calendar days of inability to work starting from the 90th calendar day.

2. The calendar days for each reason for inability to work are added together.

3. Taking maternity, paternity, adoption, or caregiver leave does not result in a reduction of the vacation entitlement.

1. Recognized paid holidays include New Year’s Day, January 2nd, Good Friday, Easter Monday, Ascension Day, Whit Monday, August 1st, Christmas Day, and Boxing Day.

2. If these holidays fall on a Saturday, Sunday, or a leave day in accordance with Art. 53 f., no alternative day off is granted. If they fall during vacation, they can be taken at another time. The regulations determine the exceptions.

3. Employees are granted individual paid days off for family-related, caregiving, and other events. The regulations specify the events and the number of days granted.

4. The employer may designate one day off per year in connection with the holiday regulations. In special circumstances, an additional day off may be granted.

1. Leave is defined as any work absence granted upon request. The application for paid or unpaid leave must be submitted to the employing authority in advance. The granting of leave may be subject to conditions by the employing authority.

2. The employing authority, in consultation with the personnel office, may grant unpaid leave for up to a maximum of 6 months, provided that it is possible without disrupting operations.

3. Paid or partially paid leave is approved by the employing authority in consultation with the personnel office. Employees must offset any potential wage replacement payments against their salary.

4. Generally, there is no insurance coverage during unpaid leave. The duration of unpaid leave does not entitle the employee to vacation nor is it credited in the calculation of service years.

1. For off-duty military, sports, and training courses, such as sports days, army championships, mountain courses, leadership courses, or young marksmen courses, the employee may be granted unpaid leave. If the Compensation for Loss of Earnings Act provides compensation for such courses, it will be forwarded to the employees.

2. For longer international assignments, employees may be granted paid leave.

3. For training and further education activities in the context of extracurricular youth work, as well as for voluntary assignments in this area, employees are entitled to up to 5 working days of paid leave per calendar year until they reach the age of 30.

4. The procedure follows Art. 53.

1. Employees are entitled to a paid leave of 10 working days for paternity or parenthood pursuant to Art. 255a of the Civil Code. This leave must be taken within one year following the birth of the child.

1. Employees who adopt a child under the age of four are entitled to ten working days of paid leave. This leave must be taken within one year of the adoption of the child.

2. No entitlement arises in the case of a stepchild adoption according to Article 264c of the Swiss Civil Code.

1. Employees whose child is severely health-impaired within the meaning of Art. 16o EOG are entitled to a paid care leave of up to 70 working days. Only one entitlement arises per illness or accident.

2. Care leave can be taken either all at once or on a daily basis within a framework period of 18 months.

1. The superior conducts at least one employee appraisal with their employees annually.

2. The employees have the opportunity for a superior assessment.

1. The employer supports and promotes the role-related skills, long-term flexibility in deployment readiness, as well as the leadership, professional, self, and social competencies of the employees.

2. The employer also supports and promotes

a) Education. It serves the acquisition of the knowledge and skills necessary for a specific profession. An education is generally concluded with a recognized certificate.

b) Professional development. It ensures the maintenance of professional qualifications by imparting knowledge and skills for contemporary professional practice. Professional development measures are mandatory for the employees of the canton. The canton covers the costs.

c) Further education. It leads to the acquisition of new knowledge and skills and enables employees to assume new roles and tasks. Further education measures are voluntary.

3. Measures for education, professional development, and further education are discussed and determined in the employee review.

4. The employment authority decides, in consultation with the personnel office, on the partial or complete assumption of education and further education costs in the form of

a) Continued payment of salary in the event of inability to perform work;

b) Coverage of the additional costs, specifically course fees, examination fees, or expenses.

5. If the employer participates in the costs of education or further education, the employee is obliged to remain in the service of the employer for a specified period. The costs assumed by the employer must be refunded in full or in part if

a) The employee does not commence or fails to complete the education or further education without a valid reason;

b) The employee resigns from the employment relationship without justified reason before the agreed period expires;

c) The employer terminates the employment relationship for justified reason before the agreed period expires.

1. Employees may request a work certificate at any time, as well as upon termination of the employment relationship, which details the nature and duration of the employment relationship, as well as the performance and conduct of the employee.

2. Upon request, the certificate must be limited to information about the nature and duration of the employment relationship.

1. The duties, powers, and responsibilities of the employees are determined by the statutory provisions, the job description, the written employment contract, as well as the instructions of the employing authority or the supervising body, and the mutual performance agreements.

2. If circumstances require and to the extent reasonable, the employee may be assigned a different work, a different task, or a different workplace.

1. Employees are required to perform the tasks assigned to them personally, carefully, conscientiously, and economically. They must uphold the interests of the canton and respect the rights of the population.

1. Working Hours for Full-Time Employment

a) * 42 hours per week; for certain professional groups, a higher working time of up to 50 hours may be stipulated;

b) for teachers at cantonal schools 1940 hours (net total working time) per year.

2. The implementing provisions regulate the specifics. They may provide for various working time models. For management employees, trust-based working hours may be introduced.

3. ...

**1. If circumstances require, the supervisory authority may require employees:**

a) to perform on-call duty. On-call duty may be carried out as presence or standby duty;

b) to work outside of regular working hours, particularly during the night or on Sundays and public holidays.

**2. Scheduling of on-call duty and assignment of work outside regular working hours should be done as early as possible.**

**3. The salary ordinance regulates the details.**

1. Employees are obligated to perform overtime work, provided that it is necessary and reasonable.

2. Overtime work is to be performed only upon instruction from the superior authority. Overtime that is exceptionally performed without explicit instruction must be immediately reported to the superior authority, which will decide on its compensability.

3. Compensable overtime is to be offset with time off of equal duration. In exceptional cases, the employing authority may order compensation at the regular hourly wage.

4. ...

1. Any form of impediment to work and changes in personal circumstances, insofar as they are relevant to the employment relationship, must be reported immediately to the supervisory authority.

2. In the case of incapacity for work due to illness or accident, a medical certificate may be requested at any time. The implementing regulations govern the details.

1. The appointing authority is authorized, with the consent of the personnel office, to have absences due to illness or accident verified and to order a medical examination by a designated doctor.

2. Further legal provisions remain reserved.

3. Employees are obliged to comply with the order for a medical examination by a designated doctor.

4. The designated doctor is relieved from the duty of medical confidentiality to the extent necessary with respect to the competent authority.

1. The employer ensures an occupational health management system.

2. Through case management, the employer provides a procedure to offer assistance to employees with health impairments.

3. The employee may be required to participate in the employer's reintegration measures.

1. The acceptance or exercise of a public office or secondary employment must be reported to the employing authority in every case.

2. If a public office or secondary employment leads to an impairment of contractual employment duties, approval from the employing authority is necessary.

3. An impairment of contractual employment duties exists particularly when there is a risk of a conflict of interest, or a portion of the regular working hours is claimed.

4. The approval may be linked with conditions, such as notably the compensation for the claimed working hours, the surrender of additional income, or the reduction of the employment level.

1. If there is a prevailing public interest, special obligations may be stipulated in the employment contract, namely

a) residing in a specific location;

b) reaching the workplace within a specified time;

c) using certain equipment, work clothing, or safety devices;

d) measures for prevention.

1. The government council may wholly or partially suspend the right to strike for certain categories of employees if it is necessary to ensure public safety, the supply of essential goods, or the provision of important public services.

1. The employer processes personal data insofar as is necessary for the establishment, performance, and termination of the employment relationship. The Data Protection Act is applicable.

2. A personnel file is maintained for each employee, which contains all essential information related to the employment relationship.

3. The employment authority and designated organizational units are authorized to process personal data for personnel, salary, and insurance management within information systems.

4. The implementing regulations provide further details.

1. If the performance or conduct of the employee does not meet the requirements or if duties arising from the employment relationship are violated, the employment authority, in consultation with the personnel office, shall take the necessary measures to ensure the orderly execution of tasks.

2. In particular, it may

a) issue a written warning;

b) decide on the reassignment of other tasks or the transfer of the employee;

c) enforce a salary reduction;

d) threaten termination;

e) order a definitive or temporary suspension;

f) pronounce an ordinary or immediate termination in accordance with Article 24.

3. Multiple measures may be combined.

4. The regulation governs the procedure.

1. In disputes arising from the employment relationship, the possibility of reaching an agreement must generally be considered in a dispute resolution procedure. The ordinance provides further details.

1bis. If no agreement is reached, the employment authority shall issue a decision.

2. The following can be appealed to the High Court

a) Decisions of the Cantonal Council according to Art. 10;

b) Decisions of the court presidents;

c) * Decisions and appeal rulings of the Council of State;

d) * Decisions of the Cantonal Council and its bodies.

3. Decisions of other employment authorities can be appealed with a recourse to the Council of State.

4. Appeals and recourse do not have a suspensive effect; the law on administrative legal proceedings remains reserved[18].

5. Appeals and recourse procedures are free of charge. In cases of abusive behavior, the costs of the procedure can be wholly or partially imposed on the employee.

1. The Cantonal Council enacts the Salary Ordinance and the Government Council enacts the remaining implementing regulations.

1. Upon the entry into force of this law, all decrees and provisions that contradict it are repealed or amended.

2. Specifically repealed are

a) the Ordinance on Employees of November 16, 1992;

b) the Ordinance of December 11, 2001, on the Employment of Teachers in Cantonal Schools;

c) the Ordinance of December 16, 1997, on Employment Relationships in Cantonal Hospitals;

d) the Ordinance of January 8, 1991, on the Service Relationships of the Operational Staff of the Cantonal Civil Engineering Office.

3. Amended are

a) the Law of September 24, 2000, on Schools and Education;

b) the Law of March 12, 2000, on Public Health Care;

c) the Police Law of May 13, 2002;

d) the Ordinance of December 10, 2002, on the Police Law;

e) the Ordinance of November 15, 1999, on the Salaries and Occupational Pensions of Members of the Government Council;

f) the Ordinance of March 26, 2001, on the Employment of Teachers in Public Schools;

g) the Ordinance of June 8, 2000, on the Operation of the AR Hospital Association;

h) the Ordinance of October 23, 1995, on Building and Land Insurance (Insurance Ordinance);

i) the Ordinance of February 8, 1997, on the Organization of the Compensation Fund;

j) the Ordinance of November 16, 1992, on the Federal Law on Disability Insurance.

1. For public-law employment relationships existing at the time this law comes into force, the new law applies unless they have already been terminated under the old law.

2. Facts that occurred before this law comes into force do not entitle any claim for retroactive application of this law.

3. All existing public-law employment relationships shall be adapted to the new law by means of a written employment contract no later than one month after this law comes into force.

4. If a new employment relationship cannot be agreed upon according to paragraph 3, the old law employment relationship shall be deemed terminated. It ends in any case upon the expiration of the notice period under the respective old law.

1. The most recently received wages will be incorporated into the new employment contracts. Wage adjustments due to the balancing of wage-related changes as a result of the effects of the global balance remain reserved. Allowances and expenses will be administered according to the new provisions in the Salary Ordinance [35] and its implementing regulations.

1. Employees of the canton who reach the age of 63 by December 31, 2010, may choose between ordinary retirement pursuant to Art. 19 and the following regulation

a) Teachers retire at the end of the semester, and other employees retire at the end of the month in which they have reached the age of 63.

b) Provided the employment relationship has lasted at least 5 years at the time of retirement, the canton will pay a bridging pension until the regular AHV pension begins. The individually calculated bridging pension is determined by the estimated single AHV old-age pension in relation to the average employment rate of the last 5 years.

2. Early retirement is only possible under the new law (Art. 20) with the enactment of this law.

3. For ordinary and early retirements that occurred before the enactment of this law, previous law applies regarding transitional benefits until the retirement age under the Federal Act on Old-Age and Survivors' Insurance [36].

1. The entitlement to paternity leave for births that occurred before the effective date of this amendment is governed by the previous law.

1. This law is subject to the optional referendum.

2. The government council determines the commencement.