Legislator Case Law & Legislation
142.211.3 CH-AR

Directives on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Subject Matter and Scope

16 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden
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Table of Provisions (16)

Art. 1 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 2 Instructions on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 3 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Jurisdiction Art. 4 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 5 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Career Qualification Art. 6 Directives on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Relevance to Salary; Individual Salary Measures Art. 7 Directives on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 8 Instructions on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Instruments of Career Qualification Art. 9 Instructions on Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 10 Instructions on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 11 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 12 Instructions on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Objection and Ruling Art. 13 Instructions on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools Art. 14 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Career Levels and Salary Levels Art. 15 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools - Salary Classification at the Start of Employment Art. 16 Guidelines on the Criteria for Individual Salary Determination for Teachers at Cantonal Schools

Statutory Text (16 Articles)

I. General Provisions

1. These directives regulate the career decisions relevant for salary, as well as the other criteria for determining the individual salary of teachers at cantonal schools.

2. These directives apply mutatis mutandis to teachers in public school departments of cantonal schools.

3. They do not apply to school management members or employees of the Center for Educational Therapeutic Services.

I. General Provisions

1. These directives are intended for the assessment, maintenance, and improvement of school quality.

II. Employee Dialogue and Career Qualification

1. The school management is responsible for conducting staff appraisals and career qualifications.

2. The principal conducts these personally or delegates the task to an experienced and suitable person, typically a member of the school management.

II. Employee Dialogue and Career Qualification

1. Subject to Article 5, faculty members shall conduct at least one employee appraisal interview each calendar year.

II. Employee Performance Review and Career Qualification

1. As part of the career qualification procedure, the quality of the fulfillment of the professional duties of the teaching staff is evaluated.

2. In place of the employee appraisal, a career qualification is initiated in the following cases

a) generally in the first year after the commencement of employment;

b) in the second semester of the 5th, 10th, 15th, and 20th career levels;

b1) at least once between the 21st and 40th career levels by mutual agreement between the teaching staff and the school administration;

c) if during the employee appraisal the performance is not assessed as good;

d) at any time upon order of the school administration or upon request by the teaching staff.

3. Subject to paragraph 2, letters c) and d), there shall be a minimum interval of three years between two career qualification procedures. The timing of career qualifications according to paragraph 2, letter b) will be adjusted accordingly if necessary.

II. Employee Dialogue and Career Qualification

**1. A teacher is salaried at the next higher career level according to Art. 14 at the beginning of a calendar year if:**

a) the performance has been evaluated as good within the scope of the employee review;

b) a promotion has taken place based on the result of the career qualification process.

**2. The government council may suspend salary measures for all teachers at cantonal schools if corresponding measures are taken for the entire personnel of the cantonal administration.**

**3. ...**

II. Employee Dialogue and Career Qualification

1. The career qualification procedure is generally initiated in February and completed by the end of September.

II. Employee Dialogue and Career Qualification

1. The Career Qualification Procedure includes

a) at least two announced school visits (observations),

b) an anonymous assessment by students, and

c) a portfolio from the teacher related to the professional assignment, including a report on specific topics and criteria set by the school administration.

2. The visiting individual conducts a discussion with the teacher after each school visit and provides a written summary report within two weeks. The teacher may submit a written response to the school administration within the same timeframe.

3. In special cases, the assessment tools may be specifically adapted upon request by the teacher or by order of the school administration (modifying or omitting tools as per paragraph 1 or adding additional tools).

II. Employee Appraisal and Career Qualification

1. At the end of the career qualification procedure, a structured evaluation interview is conducted.

2. The basis consists of the instruments of career qualification according to Art. 8; the subject matter includes the results of the procedure (in particular the assessment of performance and conduct) as well as any necessary measures.

3. The evaluation interview is attended by the assessing member of the school administration and the teacher. Upon the request of one of the aforementioned persons, any other participants involved in the qualification procedure may be included in the discussion.

II. Employee Performance Review and Career Qualification

1. If the performance has been assessed as good, the school administration shall notify the teacher in writing.

2. If the performance has not been assessed as good, the school administration shall inform the teacher in writing, stating the reasons.

II. Employee Dialogue and Career Qualification

1. Following the evaluation discussion, the evaluator verbally informs the teacher of the recommendation to the school administration regarding promotion or non-promotion, as well as any proposed measures. Promotion requires good performance.

2. The school administration decides on the promotion or non-promotion and informs the teacher of its decision in writing. In the case of non-promotion, the reasons are explained. Furthermore, the school administration announces any measures ordered.

II. Employee Performance Review and Career Qualification

1. Instructors who disagree with decisions made pursuant to Article 11 may file a written objection with the school administration within 14 days, stating their reasons.

2. If no agreement is reached, the school administration shall issue an appealable decision. The provisions regarding the suspensive effect, the costs, and further procedural regulations are governed by the Personnel Act and the Administrative Procedure Act.

II. Employee Performance Review and Career Qualification

1. If, during the employee review, the performance is not assessed as good, a career qualification procedure is immediately initiated and individual salary measures are suspended. If the teacher passes the career qualification procedure, individual salary measures are granted retroactively.

2. If a teacher does not pass the career qualification procedure, the school administration orders a repetition of the career qualification in the next calendar year. Individual salary measures will only be granted again once the career qualification procedure has been passed.

3. In the case of repeated non-promotion or significantly inadequate performance, the school administration examines the termination of the employment relationship. Other measures remain reserved.

III. Remuneration

1. The employer provides the cantonal teachers of categories A, B, C, and D with full-time employment annually with the salary according to Annex 3 of the Salary Ordinance.

2. ...

3. Teachers who join a cantonal school in the second half of the calendar year may be remunerated at the next higher level for the first time at the beginning of the next-but-one calendar year.

4. ...

5. If individual teachers perform exceptionally well, the school administration may approve an additional advancement in the career level for them. Salary increases occur within the framework of the total amount available for salary increases.

III. Remuneration

1. The initial classification is made at career level 1 or, by accounting for previous professional experience or child-rearing within the family, at a higher level. Additional qualifications, such as a doctorate or a second degree, may be appropriately considered.

2. Previous experience in a teaching or educational profession and other professional experience before training for a teaching profession are fully credited, whereas such experience in another profession or in child-rearing within the family after training for a teaching profession is credited at half. Part-time work performed will be appropriately considered.

IV. Entry into Force

1. Section III shall enter into force on August 1, 2010, for all educators commencing employment on or after that date; for educators with existing employment contracts, it shall enter into force on January 1, 2011. The existing salaries are guaranteed. The existing employment contracts shall be maintained.

2. The remaining provisions shall enter into force on January 1, 2011.

3. As of January 1, 2011, all educators shall be remunerated at the next higher career level, except

a) if the performance during the employee evaluation in 2010 was not deemed satisfactory;

b) if the educator commenced their position on or after August 1, 2010.

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