State Personnel Act (LPers) - Subject of the Law (STPG)

1. This law establishes the principles of the state's personnel policy and personnel management, as well as the rights and obligations of employees who work in the unique environment of the public service.

1. This law applies to individuals who are employed in the service of the state and receive a salary for their work.

2. Individuals considered to be in the service of the state include employees of the cantonal administration, including state institutions with their own legal personality (the institutions), the secretariat of the Grand Council, and judicial authorities.

1. Members of the State Council and the Cantonal Court are not subject to this law. This law applies mutatis mutandis to the Prefects within the framework of the legislation applicable to them.

2. Individuals who hold a secondary office according to the law concerning the duration of public secondary offices or the Judicial Act are not subject to this law.

3. Trainees and interns are employed based on the Code of Obligations and supplementary provisions.

4. Individuals who are paid hourly based on their work or are employed for a short period may, if necessary, be subject to different regulations.

5. Individuals who have a contractual relationship with the state, either as a commission or under public law, are subject to the provisions of the Code of Obligations or the specific provisions of public law.

6. Special laws remain reserved otherwise.

1. The objective of personnel policy is to optimally utilize the state's human resources and ensure a high-quality public service. It is based on the following principles

a) Dynamic and proactive personnel management;

b) Preservation of integrity and professional development of employees;

c) Flexibility and mobility of staff both within and between departments and institutions;

d) Equal opportunities and treatment of women and men;

e) Involvement of employees in the decision-making process;

f) Regular information and consultation with staff;

g) Creation of positions for individuals undergoing vocational training or education;

h) Integration of individuals with permanent physical or mental health impairments or difficulties in socioprofessional integration;

i) Integration of unemployed individuals;

j) Promotion of bilingualism;

k) Compatibility of professional and private life;

l) Flexible work and working time arrangements;

m) Development of employees' know-how and potential, particularly through training, according to their skills and qualifications;

n) Promotion of safety and health protection in the workplace;

o) Attractiveness of the employer to recruit suitable personnel and ensure employee retention;

p) Promotion of environmentally friendly behavior and mobility within the framework of sustainable development.

1. The State Council develops a concept for personnel policy.

2. The concept takes into account the needs of the employer, the employees, as well as the recipients of the state services.

1. The departments and institutions develop supplementary guidelines for personnel policy within the framework of legislation when necessary. The guidelines are submitted to the Council of State for approval after being reviewed by the Office for Personnel and Organization.

2. These competencies may be delegated to the heads of services.

1. The Salary Policy Considers the Following Principles

a) Maintaining the competitiveness of the state against other employers;

b) Considering the labor market situation, the financial situation of the state, as well as economic and social conditions;

c) Determining the salary taking into account the function, experience, and performance of the employee.

1. The State Council has the following duties

a) It issues the implementing provisions for this law and approves those of the directorates and institutions.

a1) It defines and approves personnel policy.

b) It makes all fundamental decisions that affect all state personnel.

c) It appoints the directors of the institutions and the heads of the central services.

d) It approves the employment of other senior staff who are subordinate to the directorates.

e) It approves the delegation of competencies to heads of services and district presidents, as decided by the directorates and institutions pursuant to this law.

f) It represents the state as employer in dealings with recognized personnel associations pursuant to Article 128 for all general questions or questions within the scope of its responsibilities as defined by this provision.

g) It performs all other duties explicitly assigned to it by this law, its implementing provisions, or specific laws.

2. The State Council is authorized to temporarily suspend from duty, dismiss, or retire individuals it has appointed (Art. 33-48 and 52-54). Otherwise, the competent directorate exercises the powers of the appointing authority over them.

1. The departments and institutions shall perform all tasks arising from this law unless they are expressly assigned to other authorities by a specific provision.

2. The Secretariat of the Grand Council and the State Chancellery shall perform the same tasks for the personnel under their jurisdiction as the departments.

3. The heads of the departments and the directors of the institutions may delegate personnel management tasks, that fall within the competence of the department or institution, to staff units, heads of services, or district officers. Approval by the State Council pursuant to Article 8, paragraph 1, letter e, is reserved.

1. The heads of services have the following responsibilities

a) They issue the necessary instructions so that the staff of the service can plan and organize their work with regard to the objectives to be achieved.

b) They promote the personal responsibility of the staff members of the service in the organization, planning, and execution of their tasks.

c) They ensure the monitoring of the work results of the service's staff.

d) ...

e) They exercise the powers conferred upon them pursuant to Article 9, paragraph 3.

f) They provide advance opinions on all decisions made by another authority concerning the staff members of their service under this law.

g) They perform all other duties expressly assigned to them by this law, its implementing regulations, or special laws.

2. The heads of services also apply the management rules established in the law on the organization of the Council of State and Administration.

**1. The Office for Personnel and Organization is a central service. The State Council determines its allocation to a directorate.**

1. The Office for Personnel and Organization has the following duties

a) It formulates personnel policy, prepares personnel policy matters for the attention of the State Council, and ensures the implementation of the personnel policy using indicators.

b) It advises and supports the State Council, the directorates, and the institutions on all personnel and organizational questions.

c) It ensures the harmonized application of this law and the special laws regarding the personnel of the state and its institutions, issuing opinions or drafting guidelines for this purpose.

d) It develops and manages systems as well as centralized personnel management and information tools.

e) It develops an overall concept for the training and further education of staff and offers training and development measures tailored to the needs of the employees.

f) It ensures the implementation of measures in the areas of workplace safety, health protection, and health promotion at work.

g) It operates an organizational unit for personnel and social counseling.

h) It undertakes all other tasks expressly assigned to it by this law, its implementing provisions, or the special laws.

1. Each directorate or institution establishes and organizes its own specialized office for personnel management.

2. This specialized office serves as the professional contact for the Directorate or Institution with the Office for Personnel and Organization.

3. The Office for Personnel and Organization assists in the organization of this unit.

1. A computer-assisted plan of the positions existing at the state and its institutions shall be created. The staff plan contains information about the function, the budget position, the credit, the number of full-time equivalent positions, the employment level of the position holders, and the corresponding costs.

2. The Office for Personnel and Organization manages the software used for the staff plan. It also administers the staff plan, unless decentralization is required for rationalization purposes, particularly at the institutions.

1. Functions performed for the state or its institutions are described, evaluated, and classified into salary grades.

2. The evaluation criteria are derived from the requirements in the intellectual, psychosocial, and physical domains, and from the responsibility of the function.

3. The State Council issues directives concerning the description of functions and the function evaluation system. It classifies the functions into salary grades. The classification is published in a regulation.

1. The State Council shall have a parity commission for the assessment and classification of functions.

2. The commission shall submit proposals to the State Council regarding the description, assessment, and classification of functions. These proposals and the accompanying reports are not accessible to the public.

3. The State Council appoints the commission members and determines the working procedures of the commission. The Office for Personnel and Organization manages the commission's secretariat.

1. The State Council selects a personnel promotion system that allows for the identification of the competencies required by the function and demonstrated by the incumbents.

1. The State Council decides on a general framework for further education and for the training of management, particularly in the field of personnel management.

2. The departments and institutions shall prepare specific frameworks for the categories of personnel under their supervision, as needed. These frameworks are to be submitted to the State Council for approval, following a review by the Office for Personnel and Organization.

1. The State Council establishes a system for succession planning, particularly for management positions.

1. The State Council establishes a general system for periodic personnel assessment. The assessment includes an analysis of performance delivered, behavior, skills, and development potential of employees (hereinafter referred to as: Personnel Assessment).

2. A personal meeting must take place every year.

3. Directorates and institutions shall establish specific systems as needed for the categories of personnel under their authority. These systems are to be submitted to the State Council for approval, following consultation with the Office for Personnel and Organization.

1. The State Council Enacts a System for Promoting Personnel Inventions and Proposals.

1. The Employment Relationship of the Employees of the State and Its Institutions is Governed by Public Law.

1. Vacant positions are advertised internally or externally.

2. If the advertisement does not lead to the expected result, the appointing authority shall repeat the advertisement or fill the position through appointment.

3. ...

1. A prerequisite for employment is the professional and personal suitability required for the exercise of the function.

2. If it is necessary in the interest of the State, the hiring authority may conduct personality tests with the consent of the applicant.

3. Depending on the nature of the position to be filled, the hiring authority conducts the necessary security checks. The applicant must give written consent. They will be informed of the result of the check.

3bis An applicant for a position involving regular contact with minors must provide a special excerpt from the criminal record concerning them, in accordance with Article 371a of the Swiss Criminal Code, or an equivalent document if of foreign nationality. The State Council determines, in a guideline, for which positions this obligation applies.

3ter The recruitment authorities of the directorates and institutions may also extend the checks to employment in other positions that are considered to be high-risk.

3quater During a transition period until December 31, 2041, successful applicants must additionally provide a regular criminal record extract.

4. Constitutional and legal incompatibilities remain reserved.

1. There is no entitlement to employment.

2. If an applicant claims a discriminatory motive for non-employment based on specific evidence, particularly in connection with gender, marital status, or origin, they may request an explanation of the decision from the hiring authority.

1. Employees who are employed on a long-term basis must undergo a medical examination before commencing their duties.

2. The state’s designated medical officer shall determine if the health condition of the candidate permits the performance of the intended duties. If this is not the case, the employment offer becomes void.

3. The appointing authority may waive the medical examination if the employee is hired at a low employment level.

4. ...

1. The State Council determines which categories of personnel are required to take an oath or make a solemn affirmation. Special laws remain reserved.

2. The appointment becomes void if the employee refuses to take the required oath or make the solemn affirmation.

1. The employment of staff members is effected through a contract.

2. The contract is concluded for a fixed or indefinite period.

3. The contract requires the written form. However, if a contract is concluded for a period of less than three months and the circumstances justify it, the oral form is sufficient.

1. The probationary period is six months.

2. The employment relationship may be terminated by either party at any time during the probationary period. Article 46 remains reserved. The termination shall be communicated by registered letter.

3. During the first two months of the probationary period, either party may terminate the employment relationship with one week's notice effective at the end of a week. From the third month of the probationary period, the employment relationship may be terminated with one month's notice effective at the end of a month.

4. If there are doubts about the suitability of the employee for the position, the probationary period may be extended by a maximum of six months. After the expiry of this extension, no further extension is possible.

5. During hiring or during the probationary period, it may be waived in whole or in part, for fixed-term contracts if the employee has previously performed the respective function or if their performance, conduct, and skills are comparable to those of experienced employees. Articles 34 and 35 remain otherwise reserved.

1. If official reasons justify it, the appointing authority may, as a precautionary measure, order the immediate suspension from service. For the same reasons, it may also order the provisional transfer of employees to a position that matches their skills. Employees must be heard by the appointing authority beforehand.

2. If there are compelling reasons to assume that the employment relationship cannot continue after the suspension due to a misconduct by the employee, the suspension may be accompanied by a cessation of salary payments.

3. If the suspension or transfer proves to be unfounded, the employee is entitled to appropriate compensation. If the cessation of salary payments is found to be unfounded, the employee is also entitled to salary arrears.

1. Employees may be transferred or assigned other duties that match their abilities, if

a) Career or succession planning, requirements for a polyvalent education, or professional development justify it. In this case, the transfer is made by mutual agreement;

b) An administrative reorganization, the transformation of the position of the affected person, or the need for personnel exchange justifies it;

c) The employee requests it;

d) The employee no longer meets the requirements of the position due to lack of performance or skills, or due to behavior.

2. Article 33 remains reserved.

1. For the reasons listed in Article 34, the job description may be temporarily or slightly modified at any time without notice.

2. If the job description is permanently and significantly modified pursuant to Article 34 lit. b, the reassignment is equivalent to the abolition of the position according to Article 47, which is accordingly applicable. Reemployment occurs without a probationary period.

3. If the job description is permanently and significantly modified pursuant to Article 34 lit. d, the reassignment is equivalent to termination under Articles 38-40, which are accordingly applicable. Reemployment occurs.

4. If the job description is permanently and significantly modified pursuant to Article 34 lit. a and c, the reassignment is equivalent to termination by mutual agreement or resignation. Reemployment occurs.

5. In the cases under paragraphs 2, 3, and 4, the salary is adjusted to match the classification of the new position.

1. The fixed-term contract terminates by operation of law at the contractually agreed date.

2. The end of the contract can be stipulated as a specific date or upon the achievement of a goal. The renewal of the contract requires the express consent of both parties.

3. Subject to Articles 44 and 45, both parties may terminate the employment relationship before the expiration of the contract only during the probationary period. If no probationary period is agreed upon, or if it has expired, termination is only possible if the contract explicitly provides for it.

1. The indefinite contract may be terminated with a notice period of 3 months to the end of a month. Article 42 paragraph 2 remains reserved.

1. The employing authority shall issue a dismissal if the employee no longer meets the requirements of the position due to insufficient performance or skills or because of their conduct.

2. ...

1. A termination must be preceded by a justified and written warning letter from the service manager, which is delivered in a timely manner so that the employee has a reasonable period to meet the job requirements.

2. The warning letter serves as a caution to employees who do not meet the requirements of their function according to Article 38, allowing them to improve before a possible termination is issued.

3. The warning letter cannot be challenged by complaint. However, the employee can submit a justified written request for reconsideration of the warning letter to the appointing authority.

4. The appointing authority issues a final decision on the request for reconsideration. This constitutes an internal reconsideration. The decision on this reconsideration cannot be challenged by complaint.

5. The procedure is regulated in the implementing provisions of this law.

1. In the dismissal procedure, the employee's right to be heard must be guaranteed.

2. The appointing authority is responsible for conducting the procedure. It may delegate the management of the procedure to another person within or outside the administration.

3. The dismissal is communicated by registered letter.

4. The dismissal procedure is also subject to the Administrative Procedure Act and the implementing regulations of this Act.

1. If the reasons for termination prove to be unjustified, the employee shall be reinstated to their respective position. If the employment relationship is effectively terminated and reintegration of the employee is no longer possible, they are entitled to compensation amounting to a maximum of 18 months' salary.

1. Employees may terminate their employment with a notice period of 3 months, effective at the end of a month.

2. If required by the function, particularly in the case of teaching staff, the State Council may set a different notice period and termination date for resignation. In this case, the period and date also apply to the termination provided for in Article 37.

3. The resignation must be communicated to the employing authority by registered letter.

4. Provided that it does not contradict the interests of the department, the employing authority may also allow a shorter notice period.

5. In exceptional cases and due to compelling reasons of public interest, the employing authority may require the resigning individual to continue their duties until a qualified successor assumes the position, but for no longer than 6 months.

1. With the statement of the Office for Personnel and Organization, the employment relationship may be terminated by mutual agreement at an elected time according to contractually agreed provisions.

1. The appointing authority may declare dismissal for cause in cases of serious or repeated breaches of duty, or due to other circumstances under which the continuation of the employment relationship is no longer reasonable for them in good faith.

2. Dismissal for cause is effected with immediate effect.

1. The procedure is governed by Article 40. In serious cases, and when the employee admits the facts alleged, dismissal may be ordered through a simplified urgent procedure. The State Council regulates this procedure.

2. If circumstances permit, a warning letter pursuant to Article 39 paragraph 2 shall be issued before the dismissal is ordered.

3. The employee may be required to bear the procedural costs. If the procedure does not lead to dismissal and the employee has given rise to this procedure or has made it more difficult due to their own fault or negligence, they may also be required to bear the costs in whole or in part.

4. The consequences of unjustified dismissal are governed by Article 41.

1. Termination or dismissal is deemed wrongful if it is pronounced

a) for a reason that lies within the person of the employee, unless this reason is related to the employment relationship or seriously harms the interests of the state;

b) because the employee exercises a constitutional right, unless the exercise of the right violates a duty under this law, its implementing provisions or the employment contract, or seriously harms the interests of the state;

c) to prevent legal claims from arising under this law, its implementing provisions, or the employment contract, or from being asserted in good faith;

d) because the employee performs military, civil, or civil protection service;

e) because the employee fulfills a statutory obligation that was not voluntarily assumed;

f) due to pregnancy, motherhood, or incapacity for work as a result of illness, accident, pregnancy, or motherhood, subject to Article 48;

g) during pregnancy, except during the probationary period and subject to Article 44;

h) because the employee belongs to a workers' organization;

i) because the employee engages in union activities, unless the related conduct significantly affects the operational service.

2. The consequences of wrongful dismissal are governed by Article 41.

1. When a position is abolished, the employee shall be transferred to an available position that corresponds to their education and skills.

2. If no available position corresponds to the employee's education and skills, the employment relationship shall be terminated.

3. Termination can be effected with a notice period of 6 months to the end of a month.

4. Subject to Paragraph 5, the employee is entitled to compensation based on age and years of service if dismissed or transferred to a lower-ranked position according to Article 35 Paragraph 2.

5. There is no entitlement to this compensation if the employee rejects an offer for a position with equivalently ranked salary. There is also no entitlement to compensation if the state secures for the employee a position with comparable conditions at another public or private employer.

6. Articles 50-55 concerning retirement are reserved.

1. In the event of a transfer or the abolition of a position for reorganization reasons, employees who have reached the corresponding statutory age shall be granted compensation that guarantees them the same salary level until retirement. The State Council shall regulate the details for the provision of the acquired rights compensation.

1. Incapacity for work due to illness or accident results in the termination of the employment relationship by operation of law if it includes more than 365 days of absence within 547 consecutive days. The appointing authority may rehire the employee either immediately after the termination of the employment relationship or at a later date. The details are regulated by ordinance.

2. Article 110 regarding the right to salary in cases of incapacity for work due to illness or accident is reserved.

1. The employment relationship terminates by operation of law upon death.

2. If an employee is missing in life-threatening circumstances or absent without contact, the employment relationship terminates by operation of law three months after the day of disappearance.

1. Employees may retire at the beginning of the month in which they are entitled to an old-age pension or an annuity pursuant to the legislation governing the state personnel pension fund.

2. With the approval of the appointing authority, he or she may retire partially. The State Council determines the maximum percentage allowed for partial retirement.

3. Termination occurs at the end of a month with a notice period of three months. If the specific nature of the role demands it, especially in the case of teaching staff, the State Council may designate a different termination date.

4. In the event of retirement before reaching the AHV pension age, the state finances a portion of the reimbursement of the AHV advance granted by the state personnel pension fund, provided that the employee gave cause for satisfaction and has served the state for a sufficient number of years. The State Council sets the conditions for this financing and its extent.

1. If the employee has reached the maximum retirement age, the employment relationship automatically ends.

2. The maximum retirement age is determined in the implementing provisions. It may vary for certain personnel categories.

3. The State Council may, by regulation, stipulate that the employee, with the agreement of the employer, can continue the employment relationship beyond the maximum retirement age. Paragraph 5 remains reserved.

4. The employment relationship legally ends at the end of the month in which the employee reaches the maximum retirement age, or at the agreed-upon time if the employment relationship is extended beyond the maximum age. If the nature of the position requires it, particularly in the case of teaching staff, the implementing provisions may specify a different date.

5. In special cases, the State Council, in agreement with the employee, may postpone the termination of the employment relationship beyond the maximum age according to paragraph 2, but no later than up to the age of 70.

1. The appointing authority may retire an employee if the following conditions are cumulatively met

a) The employee no longer meets the requirements of the function due to inadequate performance, behavior, or lack of ability, especially in cases of physical problems.

b) The employee has reached an age at which, according to the legislation concerning the State Personnel Pension Fund, they are entitled to an old-age pension.

2. The regulations regarding ordinary dismissal are applicable. However, retirement can also be effectuated by mutual agreement (Art. 43).

1. The transfer to retirement can also be effected in place of dismissal due to the abolition of a position, provided that the conditions under Article 52 paragraph 1 letter b are met.

2. The order becomes effective 6 months later. Article 47 paragraphs 4 and 5 do not apply.

1. The State Council issues the necessary provisions for appropriate compensation by the employer for the disadvantages resulting from retirement before reaching the AHV retirement age. The compensation by the employer corresponds at least to the benefits granted to personnel who voluntarily retire before the AHV retirement age.

2. If the retirement is wholly or partially attributable to the misconduct of the employee, the state's benefits are reduced or withdrawn.

1. Employees shall perform their work diligently, with professional competence, and loyal to their employer. They commit to serving the interests of the state and public service through the quality of their performance.

2. They shall plan and organize their work and demonstrate initiative to achieve the established goals.

3. They shall conduct themselves in a manner deserving of the respect and trust associated with their role in public service.

1. The direct supervisors have the following special duties

a) They clearly define their expectations regarding orders, tasks, and objectives.

b) They provide the necessary instructions to their subordinate employees so that they can plan and organize their work.

c) They ensure the continuous supervision of their subordinate personnel, ensure that the personnel fulfills the duties arising from this law, and verify whether the work is executed correctly.

d) They treat the personnel fairly and with respect.

2. They bear responsibility for the actions executed in accordance with their instructions.

1. Employees devote the entire time allocated for work as stipulated in the regulations concerning working hours and work duration as outlined in the regulations and the employment contract.

2. The working hours of the staff are determined in the implementing provisions. Different working hours may be prescribed depending on the staff categories.

3. Within the framework of the working hours established in the implementing provisions, the directorates and institutions may provide for different working time models, according to the needs of the departments and the staff categories.

1. Employees may be required to work overtime. This overtime must be compensated with time off within the current year. If this is not possible, employees are entitled to compensation according to Article 91.

2. If the function requires it, employees may be obligated to perform special service times such as night shifts, on-call duty, or standby duty. The limits of these service times, as well as the compensation and remuneration to which they entitle, are regulated in the implementing provisions.

1. Employees are prohibited from disseminating official matters of which they become aware in the course of performing their duties and which, by their nature and circumstances or pursuant to specific regulations, are to be kept confidential.

2. Employees are also prohibited from making official documents accessible to third parties, either in the original or as copies, or from retaining these documents in their possession beyond what is necessary for official purposes.

3. This obligation of confidentiality remains in effect even after the termination of the employment relationship.

1. Employees who are subject to criminal prosecution are obligated to inform the appointing authority, unless the offense is not serious and is unrelated to the duties performed.

1. Employees who, in the course of their duties, become aware of criminal activities or actions harmful to the interests of the state, or suspect such activities, are obliged to report them immediately to the appointing authority or, alternatively, to the Council of State.

2. If the act appears to have a criminal character, the appointing authority or the Council of State shall report it to the competent criminal authority. In cases that are not serious, a report may be waived. If the appointing authority or the Directorate files a report, it shall inform the Council of State.

3. The implementing provisions may impose an obligation on certain categories of personnel to report to the competent criminal authority offenses committed by third parties that employees become aware of in the course of their duties.

4. Article 302 paragraph 1 of the Code of Criminal Procedure concerning the obligation to report for officers of the Cantonal Police remains reserved.

5. Employees who, in good faith, have reported or testified to an obviously criminal act or an action harmful to the interests of the state shall not suffer any professional disadvantages as a result.

1. In the public interest or to ensure the smooth operation of administration, departments shall exchange the necessary information among themselves. Special laws as well as Article 64 remain reserved.

1. Employees who process personal data are obligated to comply with data protection legislation.

1. Employees may only testify in court as witnesses or experts regarding facts of which they became aware in the course of performing their duties, with the written authorization of the Directorate or the relevant institution. This authorization must also be obtained after the termination of the employment relationship.

2. Authorization may only be refused if significant public interest requires it.

3. The same regulations apply to the submission of official documents in court and to the issuance of confirmations.

1. Employees are prohibited from claiming, accepting, or being promised benefits for themselves or others in connection with their duties. The provisions of the Code of Criminal Procedure remain reserved.

1. Employees shall not engage in any gainful secondary employment or any activity that adversely affects their duties with the state without the specific written authorization of the management or the institution to which they are subordinate.

1. Employees and the state shall maintain labor peace.

2. Subject to paragraph 7, a strike is permissible if the following conditions are cumulatively met

a) The strike must pertain to labor relations.

b) It must relate to a collective dispute.

c) The conciliation body has been invoked and has issued a certificate of failure of the conciliation attempt.

d) The strike must be proportional to the objective and used as a last resort.

3. After the certificate of failure of the conciliation attempt has been issued, the employee organization intending to go on strike shall timely submit a strike notice.

4. Employees who refrain from work according to paragraph 2 shall not receive any wages.

5. If the conditions of paragraph 2 are not met, the Council of State shall take appropriate measures.

6. A minimal operation shall be ensured in those sectors where a work stoppage could directly or indirectly jeopardize essential services for the population. The Council of State, after consulting with the appointing authority, shall determine the areas of activity and specify the details for minimal operations.

7. A strike prohibition applies to the following personnel categories: police officers and professionals in correctional facilities.

8. The directorates and institutions, subject to the opinion of the directorate responsible for them, may restrict the right to strike for certain personnel categories in exceptional situations, especially if necessary for the protection of public safety, order, and health. Personnel associations responsible for the strike are required to cooperate in the implementation of such measures.

1. The conciliation body consists of three members and one deputy each, who are elected at the beginning of each legislative period by the Grand Council for the duration of the legislature.

2. The Cantonal Court proposes a cantonal judge to the Grand Council, who assumes the presidency. The State Council on the one hand and the recognized staff associations on the other hand each provide a representative from their ranks.

3. The deputies are appointed and designated in the same manner and in the course of the same procedure.

4. When the conciliation body is called upon, it summons the parties, meaning the representatives of the employers and the employees. It attempts to conciliate as long as an amicable settlement is possible. If it does not succeed, it issues a certificate of the failure of the conciliation attempt.

5. Once it has been established that the conciliation attempt has failed, the parties may, no later than ten days after receiving the certificate of the failure of the conciliation attempt, submit the matter to arbitration by the persons referred to in paragraph 1. The arbitration award is final and binding on the parties.

6. The details are determined in regulations approved by the State Council.

1. The professional relationships between employees shall be characterized by respect, courtesy, and solidarity.

2. Employees shall support and represent each other in the performance of their duties within the scope of their abilities and without requiring special prompting.

1. The provisions for the strike of employees are governed by Articles 21-25 of the VRG.

1. In the implementation provisions, a residency requirement in the canton may be established for certain personnel categories due to the particular nature of their function.

2. If required by the service, the appointing authority may oblige employees to take up residence in a specific location or to occupy official accommodation.

1. Employees shall be periodically evaluated concerning their performance, behavior, and abilities.

1. Employees are obligated to participate in the mandatory training programs.

1. Inventions made by employees in the course of their official duties for the state belong to the state.

2. In the employment contracts, it shall be stipulated in accordance with paragraph 1 that employees assign all their rights to inventions to the state. Article 95 is reserved.

3. Special laws, particularly the law concerning the university, remain reserved.

1. Employees transfer the copyright of all works created within the scope of their duties in the service of the state to the state, as defined by the Federal Law on Copyright.

2. The state does not provide additional remuneration for such works beyond the salary of the employee.

3. Special laws, namely the Law on the University, and special agreements are reserved.

1. Breach of Duty can, depending on its severity, lead to a modification or termination of the employment relationship pursuant to Articles 32, 33, 34, 38, 44, and 52. The procedure follows the applicable specific provisions.

2. Special laws that additionally provide for disciplinary measures for certain categories of personnel remain reserved.

1. Civil Liability of Employees

The civil liability of employees is governed by the Act on the Liability of Public Entities and Their Officials.

1. The prosecuting authority responsible for a case in which an employee appears as the accused person is required to inform the relevant directorate if the alleged offense by this person is related to their function or could affect the relationship of trust between the state and this employee.

2. The directorate informs the State Council.

1. The Personnel Remuneration Includes

a) The Functional Salary;

b) The Allowances and Bonuses;

c) The Premiums and Rewards;

d) The Special Indemnities;

e) The Social Security Contributions.

1. The State Council issues, by resolution, two salary scales: the general salary scale and the special salary scale. It also issues the supplementary provisions necessary for the salaries of doctors.

2. The minimum annual salary on the general salary scale is at least 37,000 Swiss Francs for full-time employment. The maximum annual salary on the general salary scale is at most 170,000 Swiss Francs.

3. The maximum annual salary on the special salary scale is at most 230,000 Swiss Francs.

4. The amounts specified in paragraphs 2 and 3 are divided into 12 monthly salaries. These amounts correspond to the national index of consumer prices of 104 points (May 1993 = 100 points). They will be adjusted according to the granted index upon the law's entry into force.

1. Each salary scale is divided into salary grades, the number of which is determined by the Council of State.

2. Each salary grade has a minimum and a maximum amount. The difference between these amounts is divided into steps.

1. The State Council reviews each year whether the salary scales need to be adjusted.

2. This review is conducted after consulting the staff and taking into consideration the following factors

a) development of the consumer price index;

b) real wage development;

c) financial condition of the state;

d) economic and social conditions.

3. The State Council adjusts the salary scales to the consumer price index at least every 3 years; if the state's financial condition justifies it, only a partial adjustment may be made.

4. Within the same timeframe as in paragraph 3, the State Council adjusts the salary scales according to real wage development. In case of a negative development, the adjustment may take social aspects into account. In case of a positive development, only a partial adjustment may be made if the state’s financial condition justifies it.

5. If the state subsidizes the wage costs of certain sectors, the corresponding subsidies will be adjusted in the same proportion as the salaries of state personnel.

1. Benefits in kind are part of the functional content. Their value is determined by the State Council.

1. In addition to the annual salary set within the salary scales, employees are entitled to a 13th month's salary.

2. The thirteenth month's salary is equivalent to one twelfth of the annual salary.

1. If the functional salary of employees or certain personnel categories does not allow for the retention or hiring of qualified personnel due to the labor market situation, the State Council may temporarily grant an allowance.

2. Once the labor market situation no longer justifies the measure taken pursuant to paragraph 1, the allowance shall be reduced or eliminated.

1. For specific, particularly university-based academic functions, special salary scales can be established. The minimum and maximum amounts of these scales fall within the range of the general salary scale.

1. The appointing authority determines the functional salary upon consultation with the Office for Personnel and Organization or based on corresponding guidelines issued by this office.

1. The initial salary is determined between the minimum and maximum of the pay grades assigned to the position, taking into account the professional and personal experience of the employee.

2. However, if an employee does not possess the training or experience as per the requirements of the position and the job, the initial salary is set below the pay grades assigned to the position. Once the employee meets these requirements, the salary is determined according to paragraph 1 within the pay grades assigned to the position.

1. If the salary is determined within the general salary scale, the employee is entitled to a salary increase at the beginning of each calendar year, corresponding to one or more salary steps, until the maximum of the respective grade is reached. The following conditions must be met

a) The salary is set within a grade associated with the function.

b) The employee has completed the probationary period as defined in Article 31.

c) The employee fully meets the requirements of the function and the job position concerning conduct, skills, and quality of performance.

2. However, the employment contract may provide for a fixed salary without an increase for a specified period, particularly due to labor market conditions or in cases of temporary employment.

3. If the employee's salary is determined within the special salary scale, the employment contract specifies the entitlement to a salary increase, the timing, and the details for its granting.

4. If an employee's salary is determined within an extraordinary salary scale, the State Council, by regulation, specifies the entitlement to a salary increase, the timing, and the details for its granting. Specific laws remain reserved.

1. If an employee does not fully meet the requirements of the position due to insufficient performance or abilities, or due to behavior, the salary increase will not be granted, or will only be partially granted, or postponed within the year.

2. ...

3. The implementing provisions regulate the granting of salary increases during prolonged absence of an employee.

1. The right to salary arises on the day the employee enters public service.

2. It ceases upon the termination of the employment relationship. However, in the event of an employee’s death, the right to salary only ceases at the end of the month following the death.

1. Employees who work overtime that cannot be compensated according to Article 59 are entitled, subject to paragraph 2, to compensation at the hourly rate and an additional remuneration. Overtime worked at night or on a day off also entitles the employee to additional remuneration, even if it has been compensated.

2. Overtime for senior management is only compensated if it falls within the lower and upper limits set out in the implementing regulations. The compensation corresponds to the hourly rate. After the payment of overtime, any remaining overtime is forfeited.

3. For irregular working hours and special duty times, such as on-call duty and standby duty, there is a right to additional remuneration in addition to the compensation provided for in Article 59 paragraph 2, unless the classification of the function performed by the employees already accounts for this.

1. The State Council establishes a reward system by ordinance for exceptional individual or group achievements.

1. Employees are entitled to a reward for inventions or suggestions aimed at improving work methods.

2. For inventions whose utilization is profitable for the state, employees are also entitled to reasonable compensation.

1. Employees are entitled to an employer allowance for children, provided they contribute to their maintenance.

2. Eligibility for an employer child allowance is determined according to Article 7 of the Family Allowances Act of September 26, 1990.

3. The allowance is granted until the child reaches the age of 16; for children in education or disabled children, the entitlement to the allowance is extended until the age of 25.

4. The implementing provisions further specify

a) the amount of the allowance and the details for granting it;

b) the distribution of entitlement if the parents of a child eligible for the allowance are both employed by the state or an institution whose salaries are subsidized by the state;

c) the entitlement to the allowance in cases of short-term employment or low employment percentage.

1. In the event of the disability or death of an employee, a grant may be awarded to them or their surviving dependents, taking into account their financial situation, which may not exceed one year's salary.

1. Employees shall receive a service anniversary gift after completing 25 and 35 years of service.

2. The gift may consist of a monetary amount, paid leave, or a combination of both, at the employee's choice.

3. Employees may take the paid leave all at once or use it in line with work schedule arrangements, provided the needs of the workplace permit.

4. The amount of the service anniversary gift and the conversion into paid leave shall be governed by the implementing provisions.

1. Employees who temporary assume a higher-level function for an extended period are entitled to a substitution allowance.

1. Employees who participate as members in a meeting of a state administration commission may be compensated for their participation. Special tasks performed outside of meetings may also be compensated.

1. Employees are entitled to reasonable compensation for necessary expenses incurred in connection with the performance of their duties, particularly for business trips.

1. Employees who are required to change their residence for official reasons at the direction of their superiors are entitled to relocation compensation.

1. The employer contributions that the state transfers to the funds responsible for collection are part of the salaries of the staff. These contributions specifically include

a) the Old Age and Survivors' Insurance (AHV);

b) the Disability Insurance (IV);

c) the daily allowance insurance in case of illness or accident;

d) the Income Compensation Scheme for those obligated to perform military or civil protection service (EO);

e) the Unemployment Insurance (AlV);

f) the mandatory Accident Insurance (UVG);

g) the cantonal family allowances;

h) the old age, disability, and survivors' pensions for state personnel.

2. The employer contributions are regulated by the respective federal and cantonal legislation.

1. Salary, allowances, and bonuses may be offset against the amounts that employees owe to the state in the context of their employment relationship.

1. The right to salary and allowances can only be assigned or pledged to the extent that it secures a family law maintenance or support obligation and is attachable according to the Federal Act on Debt Collection and Bankruptcy.

1. The claim for the payment of salary, allowances, and compensation is subject to a statute of limitations 5 years after its due date.

1. If an employee has received a salary, allowance, or compensation to which they were not entitled, either in whole or in part, the overpaid amount must be reimbursed.

2. The right to reclaim expires one year after the state becomes aware of the payment of an undue amount, but in any case, 5 years from the date of such payment.

3. In cases of hardship and if the employee acted in good faith, the claim for reimbursement of the undue amount can be wholly or partially waived.

1. The State insures employees against occupational and non-occupational accidents as well as occupational diseases in accordance with the legislation on accident insurance.

2. The share of premiums for occupational risks is borne by the State.

3. The State may fully or partially assume the premium share for non-occupational accidents.

1. Employees must insure themselves for medical care against non-occupational illnesses in accordance with the health insurance legislation.

1. In the event of incapacity to work, employees are entitled to their salary for a duration of 730 days.

2. Employees contribute to the costs of this insurance; the contribution decreases with an increasing number of years of service.

3. Employees who are employed for a fixed term have a reduced salary entitlement compared to that provided in paragraph 1.

4. The insurance conditions and the extent of coverage for employees employed on a fixed-term basis are regulated in the implementing provisions.

1. In the absence due to military service, civilian, or civil defense service, the employees are entitled to receive their full salary for one month.

2. Employees who perform mandatory service longer than provided for in paragraph 1 are entitled to 90% of the salary if they are married, in a registered partnership, or have family maintenance obligations, and to 70% of the salary if they are single and have no family maintenance obligations.

3. Compensation from the Loss of Earnings Compensation Ordinance is due to the state up to the amount of the salary owed.

4. Active service is reserved.

1. The pregnant employee may be absent from work upon mere notification.

2. Absence due to pregnancy is equated with absence due to illness if it is based on medical reasons confirmed by a doctor. Otherwise, it is considered unpaid leave.

1. In the event of maternity, the employee is entitled to 16 weeks of paid leave.

2. ...

3. The details of maternity leave are governed by the implementing provisions.

1. In the case of the adoption of a minor, the employee is entitled to twelve weeks of paid leave.

2. If both adoptive parents are employed by the state, the partner of the respective employee is entitled to fifteen working days of paid leave.

3. The adoption leave applies only to the adoption of a minor child who is not the child of the spouse within the meaning of Article 264c of the Civil Code.

1. Upon the birth of his child, the employee is entitled to paid paternity leave of fifteen working days.

2. The State Council shall regulate the details for the granting of this paid leave.

1. If an employee falls into distress, they can apply for temporary material assistance from the social fund.

2. The conditions and details for the granting of assistance are regulated in the implementing regulations.

1. The occupational old-age, survivors', and disability insurance is governed by special legislation, in particular, the Act on the Pension Fund for State Personnel.

1. The State Council determines, by means of regulations, the principles and criteria for burdensome activities or activities with increased risk.

1. The duration of vacation is at least 4 weeks. It may vary depending on the personnel category and age of the employee.

2. The duration of vacation and the rules for a reduction of the vacation duration during employee absences are governed by the implementing provisions.

1. Employees are entitled to paid short leave for the fulfillment of legal obligations or for special events.

2. Employees may also be granted extended paid leave, specifically for education, duties of general interest, or for other compelling reasons, notably for caregiving for relatives and the care of seriously ill children.

1. Employees are entitled to a maximum of 15 working days of paid leave per year for the exercise of a public office that is not mandatory under federal and cantonal legislation.

2. The exercise of a public office requires authorization. This authorization can only be denied if the office is incompatible with the function performed within the state. An application for authorization must be submitted in a timely manner so that the situation is clear in the event of an election before the candidacy is submitted.

3. If the exercise of the public office requires an absence exceeding the duration of paid leave, the remaining absence shall be deducted from vacation or treated as unpaid leave. If regular absences exceeding the duration of paid leave are to be expected, a reduction in employment level or a reassignment may be ordered.

1. Employees may also be granted unpaid leave for the reasons outlined in Articles 118 and 119.

1. To the extent that it is compatible with operational requirements, employees have the right to pursue professional development in addition to the mandatory training programs under Article 73.

2. The terms of voluntary professional development are subject to an agreement between the state and the employees concerned.

1. The right of association is guaranteed to employees within the framework of the Federal Constitution.

1. The personnel has the right to be consulted and informed in advance about drafts of legislative provisions and generally binding decisions that affect the personnel.

2. The personnel is consulted through the directorates, institutions, and service departments, as well as through the personnel associations.

3. The consultation procedure generally takes place in writing. The period is at least 2 months. However, for periodic measures resulting, for example, from the application of Article 81, the consultation may also take place orally and within a shorter period.

1. Independent of the periodicity of the personnel evaluation according to Article 22, the employee can request a performance review at least once a year, which covers their performance, behavior, and skills.

1. Employees may request a service certificate from the employing authority at any time, which provides information on the nature and duration of the employment relationship, as well as the quality of their performance, conduct, and abilities.

2. At the express request of the employee, the service certificate shall only contain information about the nature and duration of the employment relationship.

1. The State shall take all necessary measures to ensure the protection of employees who, due to the lawful exercise of their functions, are likely to be exposed to unjustified threats and attacks.

2. If employees face a criminal charge or complaint for an offense allegedly committed while performing their duties towards third parties, the State shall provide legal protection upon request. The same applies if an employee, who has been unjustifiably threatened or attacked, must file a suit to adequately defend their own interests.

3. If employees are found guilty, they shall bear the costs of this legal protection, provided they have intentionally or with gross negligence violated their service duties.

1. The Employer State processes data related to personnel, either in paper form or within one or more information systems, as required to fulfill the tasks assigned to it by this law, specifically for the following purposes

a) Planning of requirements and recruitment of personnel;

b) Management of salaries, compensation, and notifications to social insurance;

c) Classification of functions;

d) Implementation of management by objectives, development, and personnel evaluation;

e) Identification and promotion of opportunities for personnel development and training;

f) Ensuring the planning, management, utilization, and control of personnel data;

g) Aggregating and analyzing data in various forms, particularly for statistical purposes.

2. It is authorized to process the personal data necessary to fulfill the tasks assigned to it by this law, including particularly sensitive personal data, namely

a) Personal data;

b) Data related to performance, potential, and personal and professional development;

c) Data related to health condition concerning work ability;

d) Data required for cooperation in the implementation of social insurance law;

e) Work-related procedural actions and decisions of the Employer State.

3. It is responsible for data protection and data security.

4. It can disclose data to third parties, provided there is a legal basis for doing so or the person to whom the data relates has given written consent.

5. The Employer State may have access to personal data from other IT platforms and digital registers for official purposes and for dissemination for statistical purposes. Prior approval is required, and the access rights must be strictly limited.

6. Personal data may be made accessible through an electronic retrieval procedure as defined in the cantonal data protection law.

7. Furthermore, the details are regulated in the implementing provisions.

1. The Personnel and Social Counseling of the State of Freiburg processes data in paper form or in an information system that relates to individuals who use these counseling services and is necessary for fulfilling its tasks, namely

a) regarding impairments to physical or mental health;

b) regarding psychosocial risks in the workplace;

c) regarding financial problems;

d) regarding personal issues;

e) regarding conflicts, bullying, and sexual harassment;

f) regarding activities related to the professional reintegration of persons with health impairments;

g) regarding the processing of applications for loans from the social fund for state personnel;

h) regarding the aggregation and analysis of data in various forms, particularly for statistical purposes.

2. It may process particularly sensitive personal data relating to individuals who use its services and that it requires for fulfilling its tasks, namely

a) regarding personal circumstances;

b) regarding health condition;

c) regarding ability to work;

d) regarding reasons for and degree of disability.

3. It is responsible for the protection of the data it processes within the scope of its operations.

4. The State Council determines the individuals and functions that have access to the information system.

5. The Personnel and Social Counseling guarantees confidentiality to individuals who use its services. No steps shall be taken or measures implemented by its counselors without the written consent of the affected individual. Consent can be withdrawn at any time.

6. Written consent of the affected individual may be waived if a predominant public interest requires it.

7. Where provided for in a legal basis, essential data may be disclosed to third parties without the express consent of the affected individuals.

8. Further details are regulated in the implementing provisions.

**1. The State of Freiburg's Confidence Doctor(s):**

1. The trusted physician of the State of Freiburg processes in paper form or in an information system particularly sensitive, health-related personal data necessary for the assessment of abilities and risks or for statistical purposes, namely

a) regarding the employability of job applicants upon hiring;

b) regarding the employability of staff during the course of the employment relationship;

c) regarding the risk of disability and death for job applicants upon hiring;

d) for the aggregation and analysis of data in various forms, specifically for statistical purposes.

2. The trusted physician is responsible for data protection and the security of the information system.

3. The trusted physician's staff and the technical support services have access to the information system, insofar as it is necessary for the performance of their duties.

4. For determining an applicant’s suitability for employment, the trusted physician may only communicate information to the concerned departments about the conclusions drawn from medical findings if it is necessary for assessing the suitability of the person for employment or for the execution of tasks assigned to them or for commenting on claims arising from the employment relationship. The affected person must have given written consent to this disclosure.

5. Otherwise, the trusted physician may disclose health data and patient records, provided that the affected person has given their written consent.

6. Written consent from the affected person can be waived if overriding public interest necessitates it.

7. Furthermore, the details are governed by the implementation provisions.

1. Within the framework of the right to consultation and information regarding employee associations as provided in Article 123, the State Council recognizes the Confederation of Public Service Personnel of the Canton of Fribourg, the Association of Senior Executives and Magistrates of the State of Fribourg, the Fribourg Association of Judges, as well as professional associations and unions as partners.

2. The State Council also negotiates with these partners when it decides to submit generally binding matters that require negotiation with the personnel.

1. Employees hired under an indefinite contract shall make a voluntary annual contribution in support of the umbrella association of public service personnel of the Canton of Freiburg.

2. This contribution partially covers the administrative costs of the umbrella association recognized as a social partner pursuant to Article 128.

3. The contribution is automatically deducted from the salary. The consent of the employee is presumed unless he or she explicitly refuses the payment of the contribution.

4. The contribution amount, the method of payment, as well as the form of the refusal declaration and the deadline for submission, are regulated in the implementing provisions.

1. In the event of an administrative investigation concerning the operation of a governmental unit, employees are obligated to support the investigation through testimonies and by providing all necessary evidence.

2. The administrative investigation may lead to the initiation of proceedings against employees.

3. The results of an administrative investigation may only be used against employees if they are informed of such and their right to legal hearing is guaranteed.

4. Testimonies obtained within the framework of an administrative investigation may not be used against employees. If necessary, they shall be obtained again in the course of proceedings initiated against the employees, which are subject to the stipulations of the Administrative Procedure Act.

1. The State Council takes the necessary measures for the prevention, identification, and termination of violations of personal rights, particularly in cases of sexual harassment and bullying by other employees at work or in the workplace.

2. An informal complaint and mediation procedure is introduced in the implementing provisions.

1. The appointing authority shall obtain the opinion of the Office for Personnel and Organization before making a decision concerning an employee.

2. The decision shall duly record this opinion and, if applicable, state the reasons for any deviation from it by the appointing authority.

1. Any decision made under this law concerning an employee may be contested by filing a complaint pursuant to the Administrative Procedure Act.

2. In decisions that do not affect the employment relationship of an employee (e.g., in the allocation of parking spaces), a preliminary complaint to the State Council may be introduced by way of regulation.

3. ...

1. The appeal procedure is governed by the Administrative Procedure Act, subject to the following paragraphs.

2. The appeal does not have a suspensive effect. However, the appellate authority may grant suspensive effect to the appeal upon request by the appellants.

3 ...

1. Until the expiration of the probation period set in the employment order or employment contract, the old law remains applicable to the employees.

2. After the probation period under the old law has elapsed, the employees are subject to the one-year probation period provided for in Article 31. The probation period already served under the old law will be credited.

3. Appointments and confirmations become void upon the enactment of the law.

1. Administrative and disciplinary proceedings pending at the time of the law's entry into force shall continue under the old law.

2. Decisions made within the framework of these proceedings shall retain their effect under the old law.

1. During the transition from the old to the new law, the functional content of acquired rights must be preserved as of the time the new law comes into force.

1. Employees who have received the loyalty bonus under the old law will continue to be granted this bonus each year, subject to paragraph 2. However, the bonus will no longer be increased.

2. A portion of the loyalty bonus may be integrated into the salary scales during the annual salary adjustments determined by Article 81, reflecting real wage developments. The first adjustment, where a part of the loyalty bonus is integrated, will occur upon the enactment of the law.

1. The State Council shall issue the necessary transitional provisions for those employees who, at the time of the entry into force of this law, have a salary claim due to illness, accident, pregnancy, maternity, or military service.

2. In principle, the old law remains applicable.

1. The Law of May 22, 1975, on the Employment Relationship of State Personnel (SGF 122.70.1) is repealed, subject to the transitional provisions of this law.

1. The Law of February 26, 1987, on the Salaries of State Personnel (SGF 122.72.1) is repealed, with the transitional provisions of this law remaining reserved.

1. The Law of September 29, 1993, concerning the Pension Fund for State Personnel (PKG, SGF 122.73.1) is amended as follows

...

1. The necessary amendments to other laws and regulations required upon the enactment of this law shall be made in a statute and an adaptation resolution.

1. The State Council is entrusted with the execution of this law. It determines the date of its entry into force.

2. It may also enact certain provisions at a later date.