Ordinance on the Personnel Act (VPG) - Subject Matter and Scope (VPG)

1. This regulation governs the following areas in execution of the Personnel Act

a) Employment

b) Secondary Offices

bbis) * Rights and Obligations arising from the Employment Relationship

c) Measures

d) Probation Period

dbis) * Termination

e) Severance

f) Personnel Appeals Commission

1. Divergent Provisions for Specific Personnel Categories or Regarding Special Employment Requirements as well as for Ancillary Offices are Reserved.

1. The Executive Council is the appointing authority for all functions directly subordinate to a head of department and for the Deputy State Secretary.

a) * ...

b) * ...

1. For the following positions, Swiss citizenship is a prerequisite for employment

a) Caseworkers in the Citizenship Service

b) Positions within the Basel-Stadt Military that have disciplinary authority over members of the army

c) * Positions within Civil Protection Basel-Stadt that make referrals with applications to the Public Prosecutor's Office and/or are active in the training sector

d) * ...

1. In the event of a job change within the cantonal administration, a probation period may be stipulated in the employment contract

a) if employees voluntarily change their position;

b) if trainees are permanently employed after completing their training;

c) if interns are permanently employed after completing an internship.

2. For the probation period pursuant to paragraph 1, letter a, the notice periods according to § 28 of the Personnel Act shall apply.

1. Following the completion of an integration measure, if a public law employment occurs, a probationary period may be stipulated in the employment contract.

1. Holders of ancillary offices are elected for a term of office by the public, the Grand Council, the Executive Council, the Education Council, or by a department head.

2. Ancillary offices can be filled without a public recruitment process.

1. Holders of an ancillary office may resign from their position at any time by observing a three-month notice period. They shall vacate their office no later than the end of the calendar year in which they reach the age of 70.

1. The canton may dismiss the holder of a secondary office during the term of office if

a) the prescribed eligibility requirements are no longer met,

b) the office holder is prevented from performing the duties of the office for an extended period or permanently,

c) the office is abolished,

d) there is a breach of official duty,

e) or a criminal act as defined in § 30 paragraph 2 letter e of the Personnel Act is present.

1. Upon departure from the ancillary office, the entitlement to benefits from the canton ceases. In particular, there is no entitlement to severance pay.

1. Employees are entitled, upon request, to reduce their employment percentage by up to 20 percent upon the birth or adoption of a child. The employment percentage must not fall below 60 percent. Any reduction in accordance with § 5 of the Ordinance on Pregnancy and Maternity Leave will be taken into account. A further reduction may be agreed upon by mutual consent.

2. The right to a reduction in employment percentage must be exercised within nine months of the birth or adoption of a child.

3. Implementation shall occur no later than three months after the application is received, effective from the beginning of the following month.

1. Employees are provided with or compensated for the protective clothing and the prescribed uniforms required for fulfilling their professional duties, depending on their function and tasks.

2. Employees are entitled to reasonable compensation for wearing civilian clothing only if

a) the clothing is extraordinarily worn out or soiled due to the special nature of the work;

b) there is no freedom of choice in the selection of clothing based on the employer's specifications, and the clothing is unsuitable for personal use;

c) a uniform or protective clothing must be worn during work, but civilian clothing must be worn for temporary assignments due to the employer's specifications, and there is no freedom of choice in this regard.

3. The cleaning and maintenance of work clothing is generally carried out by the employees.

4. Departments may issue supplementary regulations for their areas. These are subject to approval by the Head of Department.

1. If dressing at the workplace is mandated by the employment authority, this dressing time is considered as working time. The mandate is issued for operational reasons or to protect the personal rights of the employees.

2. The employment authority may establish reasonable time allowances.

3. The head of the department approves the mandate and the time allowances.

1. The employing authority may, for legitimate reasons, pay a monetary allowance instead of crediting work time according to § 8bbis paragraph 1 for functions specified by it, which must be approved by the head of the department. The allowance amounts to CHF 80 and is paid out twelve times annually with the salary.

2. The monetary allowance may be adjusted in accordance with the employment level and reduced in cases of unpaid absences.

1. Employees who are subject to a preliminary investigation by the police or the public prosecutor in connection with their duties may request an advance payment from the employer to cover legal fees.

2. The authority responsible for granting an advance payment is the head of the department until the preliminary investigation is terminated, a penalty order is issued, or an indictment is filed. For the period thereafter, the governing council decides on the granting of legal protection in accordance with § 15 of the Personnel Act.

3. If employees are convicted, they must fully repay the advance payment for legal fees paid by the employer, provided they have intentionally or grossly negligently breached their duties.

4. Employees must repay the advance legal fees to the extent that such fees and any third-party benefits together exceed the total costs incurred.

1. These provisions regulate the ordering of measures pursuant to § 24 paragraph 2 of the Personnel Act, preliminary measures according to § 25 paragraph 1 of the Personnel Act, as well as terminations and immediate dissolutions of employment relationships, which are subject to specific qualified formal requirements.

1. Before measures are ordered, the affected employee must be given the opportunity to comment.

2. The employee has the right to inspect the procedural files.

3. The employee may bring in a confidant.

4. In the case of urgent provisional measures, the above rights must be granted no later than after the ordering of the provisional measure.

1. Measures according to § 24 paragraph 2 of the Personnel Act and precautionary measures according to § 25 paragraph 1 of the Personnel Act must be communicated in writing to the affected employee, designated as an order, justified, and provided with instructions on legal remedies.

1. If a change in the scope of duties leads to a reduction in salary entitlement, the notice period must be observed for the salary reduction to be effective. A three-month notice period must be observed for fixed-term employment contracts.

1. A provisional measure may in particular be ordered if

a) a crime or offense is in question,

b) there is a fear that the investigation would be hindered,

c) there is a fear that the interest of the service would be harmed,

d) a person affected by sexual harassment needs to be protected.

2. A provisional measure must either be replaced by a definitive measure in the sense of § 24 of the Personnel Act or rescinded.

3. A provisional measure is urgent in the sense of § 25 para. 2 of the Personnel Act if there is an immediate threat to life, limb, or property.

4. In cases of urgent provisional measures, it is not the provisional measure of the superior person that is contestable, but rather the approval decision of the employing authority.

5. An appeal against a provisional measure does not have a suspensive effect.

1. A transfer for operational reasons can in particular be ordered if employees cannot continue to be employed at their current position

a) due to a reorganization;

b) due to a complete or partial elimination of the tasks to be performed according to the job description;

c) due to a change in the job's requirements profile as a result of new regulations or new tasks;

d) due to a disrupted working environment that impairs the orderly execution of tasks.

1. The authority responsible for imposing a probationary period is the hiring authority or, if the hiring authority is the government council, the head of the department.

2. The imposition of a probationary period must be conducted in writing and must be justified.

1. The Imposition of the Probationary Period cannot be independently challenged by means of an appeal. Any objections against the imposition of a probationary period can be asserted within the framework of a subsequent appeal procedure against a termination or an appealable measure pursuant to § 24 para. 2 or § 25 of the Personnel Act.

1. An appeal against a summary dismissal pursuant to § 32 of the Personnel Act or against a dismissal due to a serious breach of duty pursuant to § 30 para. 2 lit. d of the Personnel Act does not have a suspensive effect.

1. The severance payment is determined by the appointing authority in accordance with the guidelines table set forth in the resolution by the Government Council dated January 13, 2004, and based on the circumstances of the individual case.

2. In total, the severance payment may not exceed twice the amount determined according to the guidelines table.

3. The circumstances must adequately take into account personal conditions, particularly any existing support obligations and prospects in the job market.

1. The Personnel Appeals Commission consists of a president, a vice president, and eight members.

2. The eight members are composed of two female representatives and two male representatives of the employees, as well as two female representatives and two male representatives of the employer.

1. Appeals must be submitted to the Personnel Appeals Commission.

1. The Personnel Appeals Commission meets in a panel of three, consisting of the chairperson and one representative each from the employer and employee sides. Both genders must be represented.

2. The Personnel Appeals Commission hears the parties. A record is kept of each proceeding.

1. If the parties waive the right to an oral hearing and to an oral announcement of the decision, the Personnel Appeal Commission may decide through a circular procedure.

1. The Chairperson of the Personnel Appeals Commission may, upon request by a party, revoke the suspensive effect of the appeal or restore the suspensive effect withdrawn by the appointing authority or pursuant to this regulation.

1. If a violation of the Federal Equality Act is claimed, particularly in cases of complaints regarding sexual harassment in the workplace, legal representation is unconditionally permissible.

1. The special provisions for the complaint procedure in the Regulation on Protection Against Sexual Harassment in the Workplace remain reserved.

1. Subject to § 40 paragraph 4 of the Personnel Act, the Act on Administrative Fees and the corresponding implementing regulations shall apply mutatis mutandis.

1. The Personnel Appeal Commission shall issue rules of procedure that require approval by the Government Council.

2. The rules of procedure of the Personnel Appeal Commission shall be structured in such a way that the procedures, in accordance with Section 40, paragraph 4 of the Personnel Act, are swift and straightforward.

1. All employment relationships that were not terminated as of June 30, 2000, shall continue to exist upon the enactment of the Personnel Act. The Personnel Act shall apply to these relationships.

2. Employment with definitive appointments, as well as provisional and indefinite temporary appointments according to the Civil Servants Act, shall be deemed as indefinite employment relationships upon the enactment of the Personnel Act. Fixed-term temporary appointments shall be considered as fixed-term employment relationships.

1. Employees who have not been elected by the Grand Council or by the public and whose term ends on June 30, 2000, shall receive public-law employment contracts by June 30, 2001, at the latest. For teachers, the start of the 2001/2002 school year is decisive.

2. Employees who are permanently employed according to § 9 of the Civil Servants Act, as well as provisional and temporary employees, shall receive an employment contract pursuant to the Personnel Act if there is a significant change in the employment relationship.

3. Employment contracts labeled as private-law employment contracts are to be replaced by public-law employment contracts by June 30, 2001, at the latest. If a more favorable regulation has been guaranteed in writing by the competent authority and this favorable regulation does not contradict legal provisions, it is to be incorporated into the public-law employment contract.