Personnel Ordinance (PGV) - Scope and Application (PGV)

1. This ordinance regulates the details relating to the PG, insofar as the Cantonal Council is not competent.

2. It applies to the employees of the canton, unless a special regulation exists.

1. The Executive Council requests the Cantonal Council to initiate negotiations for a collective labor agreement, if applicable. Simultaneously, after consulting with the employees' representatives, it announces the composition of the negotiation delegation.

1. The Guidelines for Personnel Policy adhere to the following principles

a) Alignment with the fulfillment of the canton’s duties, the needs of the employees and the population, the capabilities of the financial budget, and the partnership-based relationship between the canton and the employees;

b) Recruitment and retention of suitable and motivated employees who act responsibly and are performance-oriented;

c) Development and utilization of the employees' potential by employing and promoting them according to their suitability and skills;

d) Regular promotion of leadership abilities of supervisors;

e) Particular care in the appointment of supervisory positions;

f) Support and promotion of the provision of training placements;

g) Consideration and support for the assumption of responsibilities in family and society;

h) Equal treatment of men and women;

i) Protection of the health of employees, as well as promotion of workplace safety and health prevention;

j) Implementation of measures to protect against discrimination and sexual harassment in the workplace.

1. The representations of the Government Council and the employees are represented in the Social Partner Conference by a maximum of 5 persons each.

2. The Government Council shall in all cases be represented by at least 2 members from among its ranks and the head of the Personnel Office.

3. The staff associations shall determine the representation of the employees. If the staff associations convene a conference of associations, this conference shall determine the representation in the Social Partner Conference.

4. The social partners shall inform each other in advance about the topics and participants of the discussions.

5. The Social Partner Conference may form committees for individual areas or specific personnel and factual issues.

1. The representation of employees pursuant to Art. 7 para. 1 of the Personnel Act receives a total lump sum compensation of CHF 3,000 per year.

1. The hiring and dismissal of employees of the following institutions and enterprises is carried out by their management

a) * ...

b) Cantonal School;

c) Vocational Training Center;

d)-e) * ...

f) Gmünden Correctional Facility;

g) Unemployment Fund;

h) Regional Employment Center (RAV).

2. Unless there is a differing regulation, the hiring and dismissal of employees of the departments is carried out by the head of the department.

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

2. Non-delegable activities include the establishment, modification, and termination of employment relationships as well as the issuance of orders within the meaning of Article 70, paragraph 1bis of the Personnel Statute (PG).

1. The superior authority is responsible within their area for

a) conducting employee interviews/supervisor evaluations;

b) conducting the evaluation discussion according to Art. 7 of the Remuneration Ordinance[2];

c) overseeing the recording of working hours;

d) monitoring vacation and absences; and

e) controlling overtime.

1. The Personnel Office ensures the uniform application of personnel law.

2. The Personnel Office periodically reports to the Government Council, according to the instructions of the Department of Finance, on the development of the personnel sector and the implementation of personnel law.

1. The appointing authority issues a job description for each position. This provides information on duties, responsibilities, competencies, qualification requirements, and special working conditions and serves as the basis for job evaluation.

2. The job description is regularly reviewed and, if necessary, adjusted during each change of position and in the event of significant organizational changes. Both appointing authorities and employees sign it with a date notation.

3. The personnel office provides binding sample forms.

1. The Personnel Office, in collaboration with the Appointing Authority, is responsible for the job advertisement.

2. The job advertisement is based on the requirements profile of the job description.

3. It is considered public if it appears in the official gazette, online, and in a medium accessible to an indefinite number of potential interested parties and commonly consulted by them.

4. A public advertisement may be waived if a significant number of potential interested parties are already known or if the position is filled internally.

1. The Personnel Office is responsible for the administrative processing of personnel recruitment.

2. The Employment Authority conducts selection interviews in conjunction with the Personnel Office.

3. The Personnel Office may, for the purpose of decision-making, obtain expert opinions or have assessments conducted in consultation with the Employment Authority and with the consent of the applicant. The expert opinion or assessment report must be disclosed to the applicant.

1. The employment contract must at least include

a) the contracting parties;

b) the job title;

c) the organizational unit;

d) the place of work;

e) the commencement of the employment relationship;

f) the duration of the employment relationship;

g) the employment level;

h) the salary;

i) the compensations;

j) * the additional agreements;

k) * the duration of the probationary period or the waiver thereof;

l) * the notice period.

2. ...

1. The following employment relationships are permissible for teachers at cantonal schools

a) Indefinite with a fixed employment level;

b) Indefinite with a variable employment level within a range. The employer determines the employment level within the contractually agreed range for each school year. The decision, along with the adjusted salary, is communicated in writing to the teacher no later than one month before the start of the school year. The range amounts, regardless of the employment level, to a maximum of

1. Four lessons for teachers who teach 23 or 25 weekly lessons with a full-time position according to Appendix 3;

2. Six lessons for teachers who teach 29 weekly lessons with a full-time position according to Appendix 3;

c) Fixed-term with a fixed employment level.

2. If required by lesson planning, the following can be adjusted in indefinite employment relationships with the consent of the teacher

a) The fixed employment level can be increased, or the range exceeded. The positive balance may amount to a maximum of 4 weekly lessons. It must be reduced through compensation as soon as possible in consultation with the teacher.

b) The fixed employment level can be reduced, or the range fallen short of. The negative balance may amount to a maximum of 2 weekly lessons and must be compensated for in the following school year.

1. The scheduling of vacation leave shall be determined as early as possible, generally 3 months in advance. In exceptional cases, particularly upon termination of employment, a short-term scheduling is permissible provided it does not frustrate the purpose of the vacation.

2. In exceptional cases, the employing authority may impose a temporary vacation freeze if the operational circumstances require such a measure. It shall arrange for the compensation of expenses incurred by employees that have become useless due to the vacation freeze.

3. Vacation days that have not been taken by the end of the following year, despite timely scheduling, shall expire without compensation.

4. The reduction of vacation entitlement due to inability to work because of illness, accident, military, or similar service shall be calculated per calendar year.

1. Holidays that fall on a Saturday or Sunday during the employee's leave cannot be taken at a later date.

2. For teachers at cantonal schools, the subsequent taking of holidays is excluded.

3. The following days off are granted

a) Own wedding: 2 days

b) Wedding of children, stepchildren or foster children, siblings, parents: 1 day

c) Birth of one's own child or adoption of a child: 2 days

d) Illness or accident of a family member insofar as care is necessary and not otherwise arranged. A medical certificate may be required: max. 2 days per case

e) Deaths

1. Spouse: 3 days

2. Life partner: 3 days

3. In the family or own household: 3 days

4. Close relative outside one's own household: 1 to 3 days

5. Other relative or close acquaintance: maximum ½ day

f) Moving of own household, except during the notice period of the employment relationship: 1 day

4. ...

1. Maternity leave commences with the birth of the child, unless the employee expressly requests an earlier start. The expected due date must be reported to the supervising authority at least 3 months in advance.

1bis. If an extension of the maternity leave is foreseeable because the child has spent at least 14 calendar days in the hospital, the supervising authority must be informed immediately. For the duration of the extension, a medical certificate must be provided no later than upon the expiration of the extended maternity leave.

2. After the conclusion of the maternity leave, the mother is entitled to unpaid leave of up to three months. This must be communicated to the supervising authority 3 months in advance.

1. Parental and Adoption Leave can be taken either as a whole or on a day-by-day basis following the birth or adoption of the child, in agreement with the supervising authority. In cases of multiple births or adoptions, there is no entitlement to an extended leave period.

1. The superior authority reports the type of service anniversary gift to the payroll office two months prior to the service anniversary.

2. The leave days from the service anniversary gift must be claimed within 5 years.

1. The request for unpaid leave must be submitted in writing at least 4 months in advance. The employing authority decides after consultation with the supervising office. The decision must be communicated to the employee in writing and, upon request, in the form of an order.

1. The employee interview serves to promote and motivate employees. It provides them with an opportunity to raise concerns about their employment relationship and to express their views on collaboration and the leadership behavior of their supervisors.

2. In the employee interview, the achievement of goals, the quality of work, conduct, and performance of the employees are assessed based on the job description. Goals and any potential development measures are agreed upon.

3. The assessment of employees forms the basis for individual salary measures. The assessment must be based on objective criteria and characteristics pertinent to the employment relationship. The evaluations must be comprehensible.

4. In the event of disagreement regarding the assessment, employees can request a discussion with the hiring authority.

5. The Human Resources Office provides an assessment form with guidelines, which must be completed by the supervising entity. The assessment form and guidelines require approval by the government council.

**1. Individual Training is necessary for the performance of a specific function. It is agreed jointly with the employee, the appointing authority, and in consultation with the personnel office, and is documented in writing. The agreement includes the assumption of costs by the canton and the reimbursement obligation of the employee.**

**2. Continuing Education is mandatory, and the canton covers the costs. There is no reimbursement obligation for the employee.**

**3. Individual Further Training is agreed jointly and documented in writing upon request by the employee or the appointing authority in consultation with the personnel office. The agreement includes a possible cost contribution by the canton as well as the reimbursement obligation of the employee. The cost contribution depends on the benefit to the employer and generally amounts to a maximum of 2/3 of the total costs; no expenses are covered.**

**4. The total costs of training or further education consist of the lost working time, course costs, examination fees, and any expenses incurred in connection with the training.**

**5. If the canton has covered at least one-third of the costs of the training or further education, these are to be reimbursed in the event of resignation by the employee as follows:**

a) in the first year after completion of the training or further education at 3/3;

b) in the second year after completion of the training or further education at 2/3;

c) in the third year after completion of the training or further education at 1/3.

**6. The Personnel Office periodically informs the government council about training, continuing education, and further education.**

1. After years of employment at a public school in the canton, with the last five years at the same school at an average employment rate of at least 50%, teachers are entitled to an "Intensive Further Education."

This can be claimed as follows

a) 4 months at 75% paid after at least fifteen years of employment, and/or

b) 3 months at 90% paid after at least fifteen years of employment.

2. The "Intensive Further Education" must be commenced before reaching the age of 55. The school administration may grant exceptions.

3. Conditions for undertaking the "Intensive Further Education" include ensuring substitute coverage and selecting a timing that does not disadvantage the school.

4. The program of the "Intensive Further Education" is related to the professional assignment. The school administration approves the "Intensive Further Education." The Department of Education and Culture, in collaboration with school administrations, issues guidelines for program design.

5. The salary and the costs of substitution are borne by the canton. Teachers must personally bear part of the expenses (travel, meals, accommodation).

6. The obligation to repay the salary received is governed by Art. 22 Para. 5.

1. Upon the termination of the employment relationship or a change of supervisor, the employing authority shall issue a work certificate or a work confirmation after consulting with the employee.

2. The work certificate or work confirmation must be signed by the employing authority. The personnel office provides the formal criteria and the essential content guidelines.

1. Working time is considered the period during which employees are available to perform their duties.

1. Employees record their working hours. The supervising entity monitors the recording of working hours (Art. 8).

1. Permissible Work Time Models or Details of Work Time are Regulated in

a) Appendix 1 for the Cantonal Administration;

b)-c) * ...

d) Appendix 4 for the Specialists in Speech Therapy and Psychomotor Skills.

1. Employees with trust-based working hours are exempt from recording their working time. They independently determine the scope and arrangement of their working hours based on the tasks assigned to them.

2. Managerial employees with trust-based working hours are

a) * Secretary to the council and their deputies;

b) * Department secretaries;

c) * Heads of departments;

d) * Heads of dependent institutions and enterprises.

3. Trust-based working hours may be agreed upon in the employment contract for division heads, deputy department secretaries, as well as vice-rectors.

1. Employees may fulfill their work duties with the approval of the employment authority in a home office, provided that

a) they have the necessary personal qualifications,

b) the tasks in question are suitable for home office work,

c) the operational conditions permit work from a home office, and

d) the workplace in the home office meets the operational requirements.

2. There is no legal entitlement to the facilitation of home office work. The employment authority can revoke the approval at any time.

3. The use of private infrastructure for home office work is not compensated. Exceptions apply if no permanent workplace is available.

4. The Personnel Office shall issue guidelines for home office work in the cantonal administration. The relevant employment authorities must be consulted in advance.

1. The Reporting Duty of Employees includes in particular

a) Change of marital status;

b) Birth or adoption of a child;

c) Deaths;

d) Disability;

e) * Change of residence;

f) * Any type of inability to work, especially in the case of illness and accident.

1. If an inability to work due to illness or accident lasts longer than three working days, a medical certificate is generally required; in any case, if the inability to work lasts longer than five working days.

1. The trusted physician is released from the duty of medical confidentiality towards the personnel office to the necessary extent.

1. Health Management serves the health and well-being of employees in the workplace. It promotes their personal competencies and performance.

2. The Department of Finance submits a concept with measures to the government council for this purpose. It designates a specialist office for health management, which coordinates the measures and supports the organizational units in the implementation.

1. The Department of Finance ensures that case management is available for employees with health impairments. For this purpose, it may enter into service agreements with third parties.

2. Case management provides support and advice in the areas of social, health, and insurance matters. It adheres to professional standards and is subject to confidentiality obligations.

3. The Personnel Office coordinates case management. It is authorized to obtain information about the status of case management.

4. Employees may be required to participate in integration measures as part of case management.

1. Employees are required to report the acceptance or execution of all public offices and, in particular, the following secondary activities

a) leadership or board activities in parties, associations, and clubs, excluding leisure clubs;

b) secondary activities in enterprises;

c) all secondary activities from which additional income is derived.

2. For holding a public office, paid leave is generally granted up to a maximum of 10 working days per calendar year. The determination of the duration of the leave as well as the corresponding entitlement to remuneration must take into account the actual time demands and the amount of compensation paid to the officeholder. Additional leave days for public offices are unpaid.

3. For secondary activities, the unworked hours must be fully compensated.

4. If secondary income exceeds more than 10% of the annual salary, the employment level may be reduced if there is proven impairment of work performance.

5. Before imposing any conditions, the employee must be given the right to be heard.

6. ...

1. If the employment contract stipulates the specific obligation to use certain equipment, work clothes, or safety devices, the employer is responsible for providing and maintaining them.

1. The following employees are expressly prohibited from striking

a) ...

b) Employees of the police, insofar as a strike could impair the assurance of public safety.

1. The Department of Finance operates a personnel information system. The technical operation is carried out by AR Informatik AG.

2. The personnel information system serves the central administration of employee data of the Canton for the purpose of personnel, salary, and insurance management by the competent administrative offices. It may contain employee data from other organizations, insofar as their management has been transferred to the Canton by law or agreement.

3. Employment authorities, the Personnel Office, the Office of Finance, and the offices responsible for technical support have access to the personnel information system, as far as necessary for the fulfillment of their tasks. They are responsible for the protection of the data.

1. The personnel file contains all information that is essential in connection with the employment relationship. It may include particularly sensitive personal data, namely application documents, performance evaluations, personality profiles, public offices, and secondary employment, medical certificates, notifications and decisions related to social insurance law, wage garnishments, employment references.

2. Access to the personnel file is restricted to the hiring authorities and the personnel office. Other administrative bodies have access to documents within the personnel file only to the extent necessary for the fulfillment of their duties. The provisions of the Archive Law are reserved.

3. The personnel file can be processed in the personnel information system for the purposes of personnel, salary, and insurance management. It must be protected against unauthorized access.

1. If the employing authority considers a measure under Art. 69 para. 2 of the PG, it must consult the personnel office before initiating the procedure.

2. Before the issuance of the measure, the employee must be granted the right to be heard.

1. For the resolution of disputes arising from the employment relationship, the parties may request the implementation of a conflict resolution procedure at any time. The Personnel Office must inform the parties of this possibility ex officio. It may propose suitable persons as neutral mediators.

2. Once the parties have agreed on the implementation and the person, the Personnel Office organizes the further procedure. The result of the procedure shall be documented in writing.

1. The written notice of termination by the employee must be addressed to the Personnel Office. The Personnel Office confirms receipt of the notice and informs the employment authority.

2. The employment authority determines the further procedure pursuant to Art. 43 para. 1 lit. a-e and communicates it to the employee in writing.

1. The written termination notice shall specifically include

a) the notification of the termination of the employment relationship and the effective date of such termination;

b) if necessary, the arrangement for release from duty;

c) if necessary, the order for compensation of overtime or utilization of outstanding vacation days;

d) if necessary, the modalities concerning the handover of the workplace to the successor;

e) if necessary, the notice on the obligation to repay costs incurred for education or training (Art. 56 para. 5 PG);

f) a justification;

g) legal remedies instruction.

2-3

...

1. For cantonal teaching and specialist staff, the end of the semester is considered the termination date.

1. A significant number of dismissals is present when, within 60 calendar days, 10 employees are terminated for the same reason. Excluded are dismissals made for reasons related to the individual employee.

2. The government council shall issue a model social plan in collaboration with the employee representatives.

1. Unexcused Absence or Abandonment of the Workplace by the Employee must be reported by the supervising authority to the Employment Authority and the Personnel Office within a reasonable period of time in all cases.

**1. Employees of the Canton who wish to retire by December 31, 2010, upon reaching the age of 63, must inform their employer six months in advance; subject to Paragraph 2.**

2. Employees of the Canton who wish to retire by July 31, 2008, must inform their employer by January 31, 2008.

3. If no notification is made by the specified date, retirement will be governed by Articles 19 and 20 of the Pension Act (PG).

1. For employees under Art. 31 para. 2, who have not yet engaged in trust-based working hours, employment contracts must be adjusted by September 30, 2017, in compliance with the notice period. Overtime balances must be compensated in advance. Compensation is not possible.

1. This regulation shall enter into force together with the PG.