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142.211 BVO CH-AR

Salary Ordinance (BVO) - Scope (BVO)

23 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden
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Table of Provisions (23)

Statutory Text (23 Articles)

Section 1: General Provisions - I. Scope

1. The regulation specifies the details pertaining to the following provisions of the Personnel Act

a) Salary as per Art. 34 (Salary determination) and 35 (Salary adjustment);

b) Compensation as per Art. 36 (Allowances) and 37 (Expenses);

c) Additional benefits as per Art. 46 (Recognition reward) and 47 (Long service award);

d) On-call duty and extraordinary working hours as per Art. 61.

2. The Government Council stipulates the compensation for allowances, expenses, on-call duty, and extraordinary working hours in addition to this regulation.

Section 1: General Provisions - I. Scope

1. This regulation applies to the employees of the canton, including its dependent institutions and enterprises, as well as the courts.

2. Unless a specific regulation exists, this regulation also applies to the employees of autonomous institutions and enterprises of the canton.

1. Section: General Provisions - II. Wage

1. The salary table in Appendix 1, including the minimum and maximum values of a salary grade and the associated functional values, is an integral part of the regulation. The salary grades include annual salaries. The salary table is adjusted accordingly during general salary revisions.

2. Each position is assigned to a salary grade through a functional evaluation (functional salary determination). The salary within the specified salary grade is set based on the individual salary determination.

3. ...

4. The regular hourly wage is calculated by dividing the annual salary by 2184 annual working hours.

5. For the exceptional payment of overtime according to Art. 62 para. 3 PG, the hourly divisor according to para. 4 is applied. For educators, the number of lessons is decisive: 40 weeks times the number of lessons per week. The amount is determined by dividing the annual salary by the number of lessons per year and calculating 80% of it.

6. If employees receive salary payments, fees, honoraria, or similar from third parties or the federal government as part of their official duties or activities on behalf of the employer, these amounts belong to the employer. Expense reimbursements are excluded.

1. Section: General Provisions - II. Wage

1. A job evaluation committee conducts an assessment for each position based on the job description. As part of the job evaluation, job-specific requirements, particularly professional qualifications, process requirements, professional conditions, and the responsibility for results, are assessed according to a uniform system (Appendix 2).

2. The evaluation of a position results in a job value that determines the classification of the position into a salary class (functional salary determination). The appointing authority and the employee may request a review from the job evaluation committee.

3. If there is a change in the job description due to significantly altered requirements, the job evaluation must be reviewed and adjusted if necessary.

4. The executive council appoints the members of the job evaluation committee. It consists of

a) 2 employer representatives

b) 2 employee representatives

c) a representative from the personnel office and an external expert, both with advisory capacity.

5. The external expert chairs the committee.

1. Section: General Provisions - II. Wage

1. The appointing authority, after consultation with the personnel office, determines the specific salary within a functionally designated salary grade as part of the employment conditions.

2. The amount of the salary is based on individual characteristics (Art. 34 PG) such as the qualification and performance of the employee (individual salary determination). The basis is the average value within a salary grade according to the salary table.

3. Annual salaries are paid in 13 parts, with two parts being paid in November. Hourly wages are paid monthly and include portions for vacation, public holidays, and the 13th month's salary. Employee contributions to legally mandated pension plans as well as social and other deductions are withheld from the salary.

4. Upon the termination of the employment relationship, the 13th month's salary is paid on a pro rata temporis basis.

1. Section: General Provisions - II. Wage

1. In justified cases, the appointing authority may establish an initial salary up to 5% below the minimum of a salary scale for the period of orientation or the development of individual characteristics.

2. The appointing authority, with the consent of the personnel office, may grant a salary up to 10% above the maximum of a salary scale in justified exceptional cases for the recruitment or retention of particularly qualified employees.

3. ...

1. Section: General Provisions - II. Wage

1. Individual salary increases require good performance. The basis is the assessment of the employee by the supervisory authority. The assessment must be documented in writing.

2. The supervisory authority informs the employment authority via the proper channels about the assessment and can apply for an individual salary increase for the employee.

3. The employment authority decides on individual salary increases for employees within the framework of the available salary budget.

1. Section: General Provisions - III. Compensations

1. The entitlement to compensations shall be recorded in the employment contract and arises from this regulation and the implementing provisions. It begins with the month in which the relevant circumstances are fulfilled and ends with the month in which the conditions no longer exist.

2. Compensations are calculated individually based on actual circumstances on a monthly basis. The implementing provisions may establish monthly flat rates.

3. In the case of work incapacity or inability to work, Article 44 of the Public Employees Act applies.

1. Section: General Provisions - III. Compensations

1. On-call duty is performed as either presence duty or stand-by duty

a) * Presence duty occurs when employees must be immediately available at the workplace upon call and therefore remain in close proximity to the workplace.

b) * Stand-by duty occurs when employees must be prepared to respond to a call and appear at the workplace within a specified period to commence work.

c) * Upon the call for work performance during on-call duty, no on-call duty compensation or time credit for on-call duty is granted for the work period that begins.

2. Assigned work outside regular working hours (overtime), i.e., at night from 7:00 PM to 7:00 AM, as well as on Saturdays, Sundays, and public holidays, is compensated in accordance with industry standards. The implementation rules may additionally provide for a time credit of up to 20% of the work performed.

3. Employees who, in accordance with the employment contract, work at varying times, in shifts, or on Saturdays, Sundays, and public holidays, do not receive compensation if it has already been accounted for in their salary.

4-5

...

1. Section: General Provisions - III. Allowances

1. Upon taking on a temporary additional role, the employing authority may grant an employee an allowance of up to 15% of their salary, for the duration of the additional role.

2. The implementing regulations may establish monthly flat-rate allowances.

1. Section: General Provisions - III. Compensations

1. Employees with one or more children, for whom they have parental responsibility according to Art. 296 et seq. of the Swiss Civil Code (ZGB) or for whom there is an approved foster relationship in anticipation of adoption, are entitled to an allowance of CHF 200 per month and per child up to the age of 12 for out-of-family childcare under the following conditions

a) The employment level is at least half of a full-time position;

b) childcare during working hours cannot be provided in any other way than through out-of-family childcare;

c) the care is provided by a specialized institution or person;

d) the canton does not offer its own or a correspondingly discounted childcare provision;

e) no other contributions are provided elsewhere.

2. Only one allowance is granted per child. It is paid biannually upon proof of childcare costs. Eligibility must be demonstrated by the employee.

1. Section: General Provisions - III. Allowances

1. Expenses are disbursements incurred in the fulfillment of official duties, such as for travel, meals, and accommodation. They are reimbursed based on the actual disbursements, provided they are reasonable. In special cases, the employing authority may establish a flat-rate expense allowance in the employment contract or on a case-by-case basis.

2. For business trips, the costs for using public transport are generally compensated. If approved by the competent authority, the costs for using private motor vehicles may be reimbursed.

3. Meal expenses are compensated when meals must be consumed away from home due to an official obligation. For overnight stays away from home, the actual costs of a mid-range hotel are reimbursed if returning to the place of residence is either unreasonable or more expensive.

4. Expense claims must be approved by the supervising authority.

Section 1: General Provisions - IV. Additional Benefits

1. The total amount for recognition bonuses must not exceed 0.5% of the total payroll.

2. The government council annually determines the amount that is made available to the cantonal office, the departments, and the courts for the allocation of recognition bonuses. Independent institutions and enterprises regulate the authority for the allocation of recognition bonuses.

3. The authority to decide on the allocation of the recognition bonus to individual employees lies with the employing authority. The bonus amounts to a maximum of CHF 3,000 per year and per person.

Section 1: General Provisions - IV. Additional Benefits

1. ...

2. For the calculation of years of service, all years of service with the canton are taken into account.

3. In cases of absence from work due to illness, accident, military, and similar services of less than 24 months, as well as paid leave of less than six months, this time is counted for the calculation of years of service. There is no time restriction in the case of maternity.

4. Upon termination of employment according to Art. 18 PG, no pro rata temporis benefits are granted.

5. ...

Section 1: General Provisions - IV. Additional Benefits

1. The canton promotes the use of public transportation through discounted subscriptions for its employees.

2. Employees who have subscriptions subsidized by the employer are obliged to use them for business travel.

3. The government council shall regulate the details.

Section 2: Special Provisions - I. Special Functions

1. Without a functional evaluation, the following salary classes apply

a) Clerk: Class 20

b) * ...

c) * Deputy Clerk: Class 18

d) * Head of Public Prosecution Office: Class 19

2. Section: Special Provisions - III. Cantonal Teaching and Professional Staff

1. The teachers are assigned to the following categories without functional evaluation

a) Category A: Teachers with academic and pedagogical training, certified teachers at vocational schools, and teachers of visual arts, music, and sports who teach classroom lessons and can provide recognized pedagogical training for the upper secondary level.

b) Category B: Teachers with academic training but without corresponding pedagogical training.

c) Category C: Teachers with teaching qualifications for lower secondary level, teachers with university of applied sciences and pedagogical training, teachers with a master craftsman or higher professional examination and pedagogical training, and teachers who provide individual instruction.

d) Category D: all other teachers

2. They are classified into salary classes as follows (functional salary determination)

Category | 1st - 10th year of service: Salary class 11

--- | ---

A | 100%

B | 97.5%

C | 95%

D | 90%

3. The individual salary determination is in accordance with Article 5. The salary for graduates of a category corresponds to the respective minimum of salary class 11. When transitioning to salary class 15, the respective minimum salary or an existing higher salary is guaranteed.

4. The salary entitlement for the 1st semester of a school year extends from August 1 to January 31, and for the 2nd semester from February 1 to July 31.

5. The government council issues instructions on further criteria for individual salary determination as well as compensation for substitutes and special tasks.

6. The remuneration of teachers at elementary school departments of cantonal schools is governed by the remuneration ordinance for elementary school teachers.

2. Section: Special Provisions - III. Cantonal Teaching and Professional Staff

1. Professionals with a diploma recognized by the Conference of Cantonal Ministers of Education (EDK) or deemed equivalent by the EDK are classified into salary classes without function evaluation as follows (functional salary determination)

a) 1st - 10th year of service at 90% of salary class 11

b) 11th - 20th year of service at 90% of salary class 14

2. Furthermore, Article 18 is applicable.

Section 2: Special Provisions - IV. Cantonal Police

1. Police personnel are classified into the following salary grades

a) Cadet: Grade 4

abis) * Trainee Police Officer: Grade 5

b) Police Officer: Grade 6

c) Lance Corporal: Grade 7

d) Corporal: Grade 8

e) * Sergeant: Grade 9

f) Staff Sergeant: Grade 10

g) Sergeant Major: Grade 12

h) Police Officer (according to functional value): Grade 13-17

i) Police Commander: Grade 19

2. In the event of a change to a position that corresponds to a lower rank, the salary is to be newly determined according to the corresponding salary grade. Generally, this does not involve a change in rank.

**Section 4: Final Provisions**

1. Upon the entry into force of this regulation, all decrees, provisions, regulations, agreements, and arrangements that contradict it shall be repealed.

2. In particular, the Regulation on Daily Allowances and Expenses shall be repealed.

3. In particular, the following shall be amended

a) Regulation pursuant to the Police Act

b) Regulation on the Employment Conditions of Chief and Senior Physicians at Cantonal Hospitals

Section 4: Final Provisions

1. For the transfer, the existing salary is divided into the wage and any possible compensations according to Art. 8 et seq.

2. In principle, upon transfer to the new salary system, there is no entitlement to a salary adjustment based on the functional value into the corresponding salary class.

3. A portion of the service anniversary gift of 1 week after 5 years of service, already taken within the hospital network, will be credited.

**Section 4: Final Provisions**

1. The determination of salaries for teachers pursuant to Article 18 Paragraphs 2 and 3 shall be applied for the first time to the salaries that are effective from August 1, 2010. In the meantime, the salaries shall be determined in accordance with Annex 3 as an integral part of this regulation. The salary table shall be adjusted accordingly in the event of general salary adjustments.

2. The salaries of 2009 shall be guaranteed upon the transition to the new salary system according to Annex 1 as of August 1, 2010.

**Section 4: Final Provisions**

1. The regulation comes into force simultaneously with the Personnel Act.

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