Ordinance on the Working Hours of Employees of the Canton of Basel-Stadt (Arbeitszeitverordnung, AZV) (AZV)

**1. Scope of Application**

This ordinance applies to all employees of the Cantonal Administration of Basel-Stadt. Excluded are employees for whom special regulations approved by the Government Council exist for their professional group.

**2. Regulations on Work Time Model**

The organizational unit, after consultation with the employees and with the approval of the department or business or directorate, establishes the regulations required for the implementation of the work time model. Responsibilities are governed by the departments or businesses or directorates.

**3. Content and Extent of Consultation**

The content and extent of consultation as per paragraph 2 are determined according to Article 48 of the Federal Act on Work in Industry, Trade, and Commerce (Labor Act) of March 13, 1964, as amended on March 20, 1998.

1. The required working hours for a full-time position are calculated based on 42 hours per week. For part-time positions, the required working hours are reduced in accordance with the employment level.

1. The working hours to be performed must not exceed 12 hours per working day.

1. The daily working hours to be performed by the employees shall be between 6:00 a.m. and 8:00 p.m., unless the operation requires different working hours.

1. As a general rule, employees are subject to a five-day workweek.

2. The weekly working hours are usually fulfilled from Monday to Friday.

3. Employees engaged in flexitime or annual work models may also fulfill their required working hours on Saturdays, provided that operational circumstances allow it. Saturday work within the variable working hours does not warrant any additional compensation.

4. Employees may only be required to work for more than seven consecutive days in justified exceptional cases.

1. The standard working hours are rendered according to the operational requirements

a) under the fixed-time model

b) under the flexitime model

c) under an annual working time model

d) * under the trust-based working time model

2. The organizational unit determines the working time models applicable to them with the involvement of the employees and with the approval of the department or the company or the directorate. The responsibilities are regulated by the departments or the companies or directorates.

3. If a new working time model is introduced, the organizational unit must inform the responsible decentralized personnel service.

1. In shift operations or in areas where work deployment must be determined for organizational reasons, work is conducted according to fixed working hours. Working hours are determined by means of deployment plans.

1. Flexible Working Hours

Flexible working hours allow employees to arrange their working time flexibly, taking into account the operational conditions, customer-oriented services, and the following provisions.

2. The start and end of the working hours required can be freely chosen by employees within the following flexible timeframes, subject to opening hours

a) Start of work: between 6:00 AM and 9:00 AM

b) Lunch break: between 11:00 AM and 2:00 PM

c) End of work: between 4:00 PM and 8:00 PM

3. ...

4. If the operation permits, other core times can be introduced by the organizational unit with the approval of the department, the operation, or the management.

1. The flextime balance can be either positive or negative up to eighty hours.

2. Any portion of a positive flextime balance exceeding eighty hours expires at the end of the month without compensation.

3. Considering the operational circumstances and with the approval of the line managers, a maximum of twenty days can be compensated per year.

4. If the negative flextime balance exceeds eighty hours, the excess time must be offset by corresponding working hours in the following month. Otherwise, there will be a deduction from the salary in the second month.

5. Before the employment relationship is terminated, the flextime balance must be settled. Any remaining positive flextime balance expires. In the case of a negative balance, the final salary will be reduced accordingly or any overpaid salary will be reclaimed.

1. Employees who complete their required working hours under the flexitime model must record their daily working hours.

2. The following must be documented in the time recording

- every start of work in the morning and afternoon,

- every end of work at midday and in the evening,

- any non-work-related absence.

1. The annual working hours are established to enable, in particular, flexible working time arrangements, to promote part-time work, and to account for seasonal fluctuations in workload, timely completion of tasks, and weather conditions.

2. A prerequisite for the introduction of annual working hours is a reliable time recording system, which, in particular, displays the current balance as well as holidays, absences, and overtime.

3. Company-related work schedules are generally announced two weeks in advance.

1. The organizational unit determines both the individual operating times and the corresponding internal planning deadlines. Additionally, an individual annual workload for each employee is calculated for the respective calendar year.

1. Under the annual working hours arrangement, the annual salary is paid in twelve equal installments, plus a 13th month's salary, regardless of the actual amount of work performed in the individual months.

1. The working time balance, which can generally be carried over to the end of the year, may amount to 80 hours, both positively and negatively.

2. When applying the annual working time model, the cut-off date for settling the transferred working time balance is determined by the employment authority at the time when the working time balance is, based on experience, most balanced. The determined cut-off date must be communicated to the affected employees.

3. The portion of a positive working time balance exceeding 80 hours expires on the cut-off date without compensation. The portion of a negative working time balance exceeding 80 hours is offset on the cut-off date.

1. Telework enables employees to perform part of their working hours at a telework workplace, considering the operational conditions (alternating telework).

2. The basis of telework is either the flexible working time model, the annual working time model, or the trust-based working time model.

3. HR Basel-Stadt regulates the details as well as any deviations from the provisions of the flexible working time model or the annual working time model in a directive.

1. Trust-based working hours apply to employees in pay grade 21 and above.

2. The employing authority can individually agree on trust-based working hours with employees from pay grade 18 and above. The agreement can be revoked by either party at the end of any month.

1. Employees with trust-based working hours are exempt from recording their working time.

2. To be recorded are particularly the taking of vacations, compensatory days, and leave, as well as absences due to training, illness, and accidents.

3. Employees with trust-based working hours are credited with five compensatory days annually.

4. The heads of departments are authorized to grant employees with trust-based working hours additionally a maximum of five compensatory days, provided the concerned employees regularly perform actual on-call duty assignments pursuant to § 32 of this ordinance.

5. The compensatory days must be taken in the current calendar year, taking into account operational needs, and will expire without compensation if not taken.

6. The provisions of this ordinance concerning overtime as well as monetary and time allowances for night, Sunday, and holiday work are not applicable.

1. If the daily working hours exceed seven hours, an unpaid meal break of at least 30 minutes must be observed.

2. If the workplace or the place of deployment cannot be left at the direction of the supervisor, the meal break will be considered as working time.

1. In cases of absence due to illness or accident, employees are required to provide a medical certificate at their own expense starting from the fourth working day.

2. In exceptional cases, a supervisor may request a medical certificate beginning from the first working day.

1. Absences due to illness or accident are counted as working hours.

2. For part-time employees, absences are counted as working hours according to the work schedule or, if none is available, according to the contractually agreed employment level. Individually fixed working hours are equated with work schedules.

3. For employees paid by the hour, absences are counted based on the average annual working hours.

1. Scheduled medical and dental consultations, as well as doctor-prescribed therapies, should be arranged by staff members, whenever possible, outside of duty rosters and block times. Such consultations are not counted towards working hours.

2. For employees who work according to fixed duty rosters, absences for scheduled medical and dental consultations, as well as doctor-prescribed therapies, are exceptionally counted towards working hours if the appointment cannot be scheduled outside of working hours.

3. Emergency medical and dental consultations are counted towards working hours up to the maximum of the agreed target working hours for the respective full or half day.

4. Individually fixed, set working hours are equivalent to duty rosters.

1. In cases of absence from the workplace due to operational reasons, the actual time spent can be credited to the target working time for up to a maximum of twelve hours per day.

2. The crediting of absences due to further training is governed by the provisions of the Directive on Further Training dated May 28, 2002.

1. Days or Half-Days Off that fall within the vacation period shall be compensated with additional vacation days or vacation half-days. This does not apply to days or half-days off that coincide with non-working Saturdays or Sundays.

1. Non-working days or half-days, which cannot be taken due to illness, accident, or fulfillment of a legal obligation or due to force majeure, shall not be compensated.

2. Likewise, non-working days that fall within an unpaid leave shall not be compensated.

1. Work performed on weekdays, Sundays, and public holidays between 8:00 P.M. and 6:00 A.M. is considered night work.

2. During night readiness, employees remain at the workplace on weekdays, Sundays, and public holidays between 8:00 P.M. and 6:00 A.M. prepared for any potential work assignments.

1. Employees who perform night work shall receive a night work allowance of CHF 7.35 per hour.

2. Employees who are on night standby shall receive a night standby allowance of CHF 5.30 per hour, while professional firefighters shall receive an allowance of CHF 6.40 per hour.

1. The rates specified in § 24 shall be reduced by half if the night work or night standby is performed on a Sunday or public holiday and compensation is provided according to §§ 27 and 28 of this regulation.

1. For actual work performed on a public rest day, between 00:00 and 24:00, a Sunday or public holiday allowance shall be granted.

1. The Compensation Amounts Are

- On Sundays CHF 7.35 per hour

- On Public Holidays CHF 14.70 per hour

1. "On-call duty" is defined as the designated and limited readiness for deployment at short notice, which is performed outside of the regular workplace and beyond the agreed-upon standard working hours.

1. Duty outside regular working hours may be ordered by the management designated by the departmental leadership or directorate to cover extraordinary situations.

2. An individual employee may be on duty or perform duty services on a maximum of seven days within a four-week period. After the end of the last duty service, the employee may not be called upon for duty during the following two weeks.

3. Exceptionally, an employee may be on duty for a maximum of 14 days within a four-week period, provided that

a) due to the size and structure of the operation, there are not sufficient personnel resources available for duty according to paragraph 2, and

b) the number of actual duty services does not, on average, exceed five assignments per month in a calendar year.

4. For part-time employees, the ordering of duty is limited to a proportion corresponding to the contractually agreed employment rate.

5. If it is necessary to ensure public safety and order in extraordinary events, deviations from paragraphs 2 to 4 are permitted.

6. Duty services beyond the aforementioned provisions are possible by mutual agreement.

1. If on-call duty is performed, the compensations are as follows

- for on-call duty on weekdays: CHF 3.05 per hour

- for on-call duty on planned rest days as well as on Sundays and public holidays: CHF 4.55 per hour.

2. Employees in salary grades 18-28 are not entitled to an on-call duty allowance.

1. Services actually rendered during on-call duty are compensated in the form of corresponding time off.

2. In the event of an on-call duty assignment, the effective working time is credited. Additionally, the travel time to work, however, a maximum of 30 minutes, is credited.

1. The monetary allowances established in this regulation shall be periodically adjusted by the Government Council, taking into account the development of inflation.

1. Employees who perform night work shall receive a time bonus of 20% for the hours worked between 8:00 PM and 6:00 AM, irrespective of their employment level, provided that the shift is carried out for at least 5 hours within the specified time interval.

2. This regulation does not apply to physicians.

1. Employees who perform night duty shall be granted a shift bonus of 50% of the bonus established in § 34.

1. The allocation of the bonus is generally in the form of time off within one year. If compensation is not possible within this period due to operational reasons, cash payments may be exceptionally allowed with the agreement of the department management.

2. In exceptional cases, particularly in instances of understaffing, the department management may grant certain personnel categories the choice between receiving the bonus in the form of time off or as an uninsured allowance. Such approval must be time-limited.

1. The shift bonus is not covered by the pension fund.

1. For the performance of additional work or work that significantly deviates from the usual working conditions, the Executive Council may grant allowances on the condition that these do not contradict the findings and results of the work evaluation. The Executive Council regulates these allowances on a case-by-case basis.

1. The night, Sunday, holiday, and on-call duty allowances regulated in this ordinance, which are received on a regular basis, will continue to be paid from the 15th day in the case of illness and from the 4th day in the case of occupational and non-occupational accidents.

1. The monetary allowances granted during holidays under Section 21a of the Wage Act are calculated as a percentage surcharge on the effectively granted allowance payments based on the individual holiday entitlement.

2. These allowance payments are also granted during paid maternity and parental leave, as well as during paid leave for mandatory services pursuant to Section 15 of the Holiday and Leave Ordinance.

3. Payment is made monthly.

1. Overtime Work for Employees

a) In the Fixed Schedule Model: The working hours ordered in addition to the scheduled working hours according to the duty roster.

b) In the Flexible Working Hours and Annual Working Hours Model: The working hours ordered beyond the transferable time balance, as well as those ordered on planned rest days, statutory holidays, and on other days between 8:00 PM and 6:00 AM.

2. Deviations from the weekly normal working hours within the scope of long-term assigned duty rosters (e.g., shift schedules), which ensure adherence to the normal working hours on an annual average, are not considered overtime work within the meaning of paragraph 1. The same applies to voluntarily undertaken exchanges of work shifts.

1. The annual, mandated overtime work may exceed 170 hours only with the approval of the department or the company or the management.

1. Overtime is ordered by the person in charge of management. Ordered overtime for the completion of unforeseen and urgent work may be approved retroactively, provided that it exceeds the maximum flexitime balance.

1. Overtime should preferably be performed during daytime hours on weekdays. Daytime work refers to professional activity between 6:00 AM and 8:00 PM.

1. Overtime is generally to be compensated with time off in lieu. Financial compensation is the exception.

2. If, for operational reasons, overtime cannot be compensated with time off within 12 months, it must either be compensated within the next 12 months or, upon a written request by the responsible manager, be exceptionally paid out. The decision on payment is made by the department head or directorate.

3. If overtime cannot be compensated within 24 months, it must be paid out.

1. Temporary overtime work of a maximum duration of four months can be arranged with the consent of the employee without altering the employment level.

2. In total, the overtime work must not exceed the scope of full-time employment.

3. For overtime work exceeding a duration of four months, the employment level must be adjusted accordingly.

4. The department management or directorate may, upon request from the employee's supervisor, authorize financial compensation for the overtime work.

1. Short-term reduced work of a maximum duration of four months may be arranged upon the request of an employee and taking into account the operational circumstances, with a corresponding reduction in salary, but without changing the employment level.

2. If an employee requests reduced work for a period exceeding four months, the employment level must be adjusted accordingly.

1. Compensation through time off and cash remuneration is provided for employees working in organizational units where work is typically conducted on weekdays (Monday to Saturday) with the following surcharges

- 25%, if the overtime was ordered less than 48 hours in advance;

- 50% for work on a scheduled rest day as well as on Sundays and public holidays, if the overtime work was ordered less than 48 hours in advance.

2. If time surcharges are granted for ordered overtime, night, Sunday, or public holiday duty allowances cannot simultaneously be claimed.

1. For the performance of certain functions, the provision of overtime allowances may be disregarded, or they may be replaced by a flat-rate compensation per unit of time. The latter must not exceed the rates mentioned in § 46 per assignment.

**1. Employees in salary grades 16-28 compensate for overtime work by taking equivalent compensatory leave without an additional payment, to the extent possible. A cash payout is not permitted.**

**2. In cases where overtime work must be regularly or for extended periods performed without the possibility of compensatory leave, the department management, directorate, or operations management may, for positions in salary grades 16-19, authorize the payment of up to 50% of the non-compensable overtime according to the principles of § 44 of this regulation. The remainder will expire without compensation.**

1. Enterprises or specific sectors of the cantonal administration that employ staff with working hours significantly deviating from the norm may, after consultation with the employees and in coordination with the personnel associations, enact regulations that deviate from or supplement this ordinance. These regulations are subject to approval by the governing council.

1. Employees who as of January 1, 2017, are mandatorily subject to trust-based working hours, will be granted additional compensation days for the year 2017 for any overtime that has not been compensated up to that point. These must be taken by December 31, 2017, and will expire without compensation if not utilized.

2. Flexitime credits must be fully reduced by January 1, 2017, and will otherwise expire without compensation.

1. Upon the coming into effect of this ordinance, the following decrees shall be repealed

- Ordinance on the Payment of Allowances to the Employees of the Canton of Basel-Stadt (Allowance Ordinance) of July 4, 1995,

- Ordinance concerning the Ordering and Compensation of Overtime Work of July 4, 1995,

- Regulation on Flexitime for the Employees of the Canton of Basel-Stadt of February 3, 1998, as well as all resolutions concerning working time regulation issued by the Government Council prior to the effectiveness of this ordinance.

1. This regulation shall be published; it becomes effective on January 1, 2005.