CH-FR
State Personnel Regulations (RPers) - In General (Art. 2 and 3 StPG) (STPR)
Table of Provisions (167)
Statutory Text (167 Articles)
1. This regulation applies to all state personnel, namely
a) to the personnel of subordinate administrative units according to the legislation regarding the organization of administration;
b) to the personnel of institutions with their own legal personality, subject to special provisions;
c) to the personnel of other units administratively assigned to the directorates, subject to special provisions.
2. This regulation contains the necessary supplementary or diverging provisions from the Public Service Act (StPG) for personnel employed for a period of less than two years or hired on an hourly wage basis.
3. Personnel can only be employed on an hourly wage basis if they are hired for a period of less than three months, or if their average annual employment level cannot be determined due to significant and unforeseeable work fluctuations.
1. Subject to specific provisions in the relevant special laws, this regulation applies to the personnel of the following institutions
a) University;
b) Cantonal Educational Materials Administration;
c) Fribourg Correctional Facility;
d) ...
e) Grangeneuve;
f) Livestock Insurance Institution;
g) Fribourg Hospital;
h) Fribourg Network for Mental Health;
i) Cantonal Social Insurance Institution;
j) Pension Fund for State Personnel;
k) University of Applied Sciences Western Switzerland//Fribourg;
l) ...
m) Cantonal Institution for Active Land Policy.
1. Appointing Authorities within the Meaning of This Regulation Are
a) the State Council for the Chancellor, the Vice Chancellor, the Directors of Institutions with Legal Personality (Institutions), as well as for the Heads of Central Services;
b) the Cantonal Court for the staff of court clerks;
c) the Departments, the Institutions, the State Chancellery, and the Secretariat of the Grand Council for other personnel categories, subject to the following letters;
d) the Head of the Hochbauamt (Civil Engineering Office) for personnel employed for less than two years for cleaning tasks;
e) the Head of the Tiefbauamt (Public Works Office) for personnel employed for less than two years for road maintenance;
f) the Head of the Office for Forest and Nature for personnel employed for less than two years for forestry management;
g) the Manager of the State Vineyards for the operational staff of the state vineyards;
h) the Head of the Cantonal Tax Administration for personnel employed for less than two years for data collection and filing;
i) the Head of the Office for Archaeology for personnel employed for less than two years for excavation works;
j) the School Directors for teaching staff employed for less than one year;
k) the Heads of Services, who have employment authority according to Article 9, Paragraph 3 of the State Personnel Law (StPG).
2. Special laws are otherwise reserved.
1. Heads of administrative units that are directly subordinate to a directorate are referred to as service chief and hold the corresponding authorities according to this regulation.
2. An institution may, in agreement with the directorate to which it is assigned, and after consultation with the Office for Personnel and Organization, designate the person responsible for an organizational unit directly subordinate to it as service chief.
3. A directorate or institution may, after consultation with the Office for Personnel and Organization, transfer the authority of a service chief to a person responsible for an organizational unit subordinate to a service chief.
1. Senior Executives as per Article 8 letters c and d of the State Personnel Act (StPG) are the leading executives of the state, meaning
a) the Directors of institutions with their own legal personality;
b) the Heads of subordinate or administratively assigned administrative units.
2. The departments and institutions designate their own senior executives based on the guidelines of the Office for Personnel and Organization, which have been approved by the State Council, and inform the Office for Personnel and Organization accordingly. They refer to the nature and scope of the responsibilities and decision-making powers assigned to the employees in
a) managing an institution, an administrative unit, or a larger organizational unit;
b) leading a specialized department in a staff function;
c) leading an important strategic project.
3. The senior executives of the state according to paragraph 1 and the senior executives of the departments and institutions according to paragraph 2 may be consulted on matters for which they are responsible. They undergo special leadership and management training. Depending on the matter, all or some of them may be convened to a conference by the State Council, a department, or an institution.
1. Specialist Agencies are the specialist departments for personnel management established and organized within the directorates and institutions in accordance with Article 13 of the StPG.
2. The functions of the individual Specialist Agencies are regulated by an agreement between the directorate to which they belong and the Office for Personnel and Organization. The agreements are approved by the Council of State.
3. As long as the Specialist Agency has not yet been formed or is not yet capable of fulfilling the tasks assigned to it by the agreement, the Office for Personnel and Organization holds the powers assigned to the Specialist Agency under these regulations.
1. The Office for Personnel and Organization brings the heads of specialist departments together in a specialist department conference.
2. The objectives of the specialist department conference are
a) the coordination of activities in organizational and financial matters, as well as in the field of information technology;
b) cooperation in the development of tools for personnel management and administration and the creation of corresponding manuals;
c) collaboration in drafting reports, opinions, and proposals from the Office for Personnel and Organization for the State Council, provided they are of common interest.
3. The participation of the heads of specialist departments in the specialist department conference is mandatory.
1. The Office for Personnel and Organization is responsible for drafting regulatory provisions concerning personnel.
2. Provisions that solely affect the personnel of an administrative unit or specific personnel categories are drafted by the competent directorate or institution upon request of the specialized unit in collaboration with the Office for Personnel and Organization.
3. ...
4. The personnel shall be consulted in accordance with Articles 123 and 128 of the StPG.
1. The authority to adopt special provisions that deviate from this regulation rests with the State Council. However, if these provisions concern working hours, they are issued by the relevant directorate or institution. The State Council approves these provisions following a statement from the Office for Personnel and Organization. The right of the personnel to consultation is reserved.
1. The authority to issue guidelines for personnel management lies with the Office for Personnel and Organization. However, the specialized departments may issue guidelines for the personnel whose administration they are entrusted with, subject to the opinion of the Office for Personnel and Organization and the approval of the Directorate or the Institution.
1. The Office for Personnel and Organization provides its opinion on decisions made by the employment authorities concerning an employee, as well as in all cases expressly provided for in these regulations.
2. A copy of the decisions is sent to the Office for Personnel and Organization.
3. The agreement concluded with a specialized office, namely the specialized office of an institution, pursuant to Article 6, may provide that the powers described in paragraph 1 regarding the provision of opinions may be partially delegated. In such case, the agreement must specify under which circumstances a copy of the decisions must be sent to the Office for Personnel and Organization.
4. If the decision does not comply with the opinion or the guidelines of the Office for Personnel and Organization, it shall inform the Council of State.
1. Information affecting all personnel is communicated by the Office of Personnel and Organization via the internet/intranet, by postal service, or by circular to the specialized departments. When information is communicated by circular, the specialized departments relay the information to the administrative units, which ensure dissemination to the personnel.
2. Professional associations and trade unions are also informed.
1. The Office for Personnel and Organization may directly contact an employee in the execution of its duties. This also applies to the specialized departments regarding the personnel concerning them.
2. Each employee may contact the Office for Personnel and Organization or the respective specialized department for information and consultation purposes and may request a meeting if necessary, particularly in the event of the termination of the employment relationship.
3. The provisions concerning bullying and interpersonal problems in the workplace, as well as the regulations regarding the social fund, remain reserved.
**1. Employment of an Employee**
An employee's appointment can only occur if the position to be filled is included in the budget or if it is covered both financially and by the staff complement in accordance with the Regulation on Position Management.
**2. Temporary Replacement**
If a position holder is absent due to illness or accident, maternity leave, paternity leave, or adoption leave, the appointment of a temporary replacement can occur even if the replacement is not covered financially or by the staff complement. As a general rule, a position vacancy of two months must be observed.
**3. Special Provisions**
The special provisions for teaching staff and nursing staff remain reserved.
1. Open positions are generally advertised both internally and externally.
2. The appointing authority may, based on administrative guidelines or upon the request of the Office for Personnel and Organization, waive the external advertisement if a vacancy is likely to be filled through an internal job change or internal promotion. In this case, the internal advertisement can be limited to the relevant administrative units.
3. For open positions that are to be filled for less than one year, the appointing authority may entirely waive the advertisement.
1. The Office for Personnel and Organization compiles a list of recruitment agencies whose services the hiring authorities may use according to paragraph 2; it sets the conditions in agreement with these agencies.
2. If a hiring authority wishes to use the services of a recruitment agency, it must obtain the opinion of the Office for Personnel and Organization. If a hiring authority regularly uses the services of a specific recruitment agency on which the Office for Personnel and Organization has already expressed an opinion, it is sufficient to inform the Office accordingly each time.
3. For special positions, the relevant hiring authorities themselves compile the list of recruitment agencies with which they collaborate and also set the conditions. They transmit these lists to the Office for Personnel and Organization.
4. The additional costs shall be borne by the hiring authority’s budget.
1. A position is advertised as soon as the date is determined from which it will become vacant.
2. The advertisement is made in the form of an advertisement, which mentions in particular the position to be filled, the requirements of the position, and the application deadline. The Office for Personnel and Organization issues administrative guidelines for drafting the text of the advertisement.
3. Subject to special provisions for institutions and certain categories of personnel, the appointment authority forwards the job advertisement to the Office for Personnel and Organization, which checks whether the position is provided for in the budget according to Article 14.
1. The external job advertisement shall be published on the Internet on the website of the State of Freiburg. It may also be published on the website of the relevant institution or administrative unit, or, depending on the nature of the position to be filled, on other job portals or electronic media.
2. The external job advertisement may, depending on the nature of the position to be filled and the labor market situation, be published in newspapers or professional journals. Newspapers are selected based on their geographical coverage, readership, frequency of publication, and cost.
3. The internal job advertisement, which is directed at all personnel, is issued via Internet/Intranet and by circular. If the internal job advertisement is limited to one or more specific administrative units, then all employees of the relevant administrative units shall be informed about the job advertisement.
1. Applications are to be submitted to the respective hiring authority or its designated department. The respective recipient creates a list of the applications.
2. Applications submitted via Internet/Intranet will only be considered if this option is explicitly stated in the job advertisement. In all cases, the risks associated with electronic mail delivery are borne by the sender.
1. The appointing authority reviews the applications received or has them reviewed by the head of the department.
2. The Office for Personnel and Organization issues guidelines for processing applications and assessing the suitability of candidates. The guidelines take into account the principles of personnel policy with regard to promoting equal opportunities for women and men and promoting bilingualism. The Office for Personnel and Organization also provides tools for defining the requirements of the advertised position and for assessing the suitability of the applicant. It may be consulted for the review of applications.
3. The head of the department, the responsible officer of the specialized unit, and the direct supervisor participate in the selection process. They provide their assessments.
4. If the services of a company specialized in the selection of candidates are utilized, Article 16 applies correspondingly.
1. In the evaluation of an application for a higher managerial position, an additional aptitude test (such as a personality test) and a security check shall be conducted. The Office of Personnel and Organization shall issue guidelines for the procedure of the additional aptitude test and the security check, which must comply with the principles of data protection.
2. In addition to the cases provided for in paragraph 1, the appointing authority may, following a recommendation from the Office of Personnel and Organization, conduct an aptitude test during the evaluation of the application if the function so requires.
3. In addition to the cases provided for in paragraph 1, a security check shall be conducted during the evaluation of applications for a position that is exposed to special risks concerning state security or financial matters.
4. If a person, for whose function a test or control as defined in paragraphs 1 to 3 is foreseen, does not consent, their application will not be considered. The data collected within the framework of these tests and controls shall be communicated to the applicant.
5. The Office of Personnel and Organization shall provide the appointing authorities with a list of companies qualified to conduct an aptitude test in accordance with the nature of the function.
1. The employment authority submits the list of applications and the name of the selected individual to the Office for Personnel and Organization. For positions in salary grade 25 and above, it also provides a brief report on the decision made.
2. The Office for Personnel and Organization reviews the correctness of the procedure and issues its opinion. The opinion can only be negative if
a) the Office for Personnel and Organization has identified irregularities in the procedure or found that its guidelines have not been followed, or
b) the profile of the applicant is clearly not aligned with the requirements of the position, or
c) discriminatory reasons have influenced the selection of the applicant, or
d) the salary requested by the employment authority is not in compliance with the law.
3. In the case of a negative opinion, the Office for Personnel and Organization informs the State Council.
4. With the consent of the individuals concerned, the employment authority forwards the application documents of up to three rejected candidates who might be of interest to the state as an employer to the Office for Personnel and Organization.
5. After the completion of the hiring process, the employment authority or its specialist department informs the applicants who were not considered.
6. The competences of the specialist departments in the application of Articles 6 and 11, paragraph 3, as well as the specific provisions for certain categories of personnel, remain reserved.
1. The written contract is prepared by the Office for Personnel and Organization. It is signed by the employment authority and delivered to the employed person in three copies, with an attachment of a copy of the legal and regulatory provisions as well as the job description.
2. The employed person sends a signed copy to the employment authority and another to the specialized department responsible for salary payments.
3. In application of Article 6, the contract may be prepared by the specialized department based on administrative guidelines from the Office for Personnel and Organization.
4. In the case of an oral contract pursuant to Article 30 paragraph 3 StPG, the contract is considered concluded based on mutual declarations of intent. As a rule, the employment authority confirms the contract in writing a few days after the conclusion of the contract.
**1. The written contract shall specifically include:**
a) the role performed and the department to which the employee is assigned;
b) the employment level;
c) if applicable, a note indicating that the position is not, or only partially, guaranteed in accordance with Article 33 paragraph 1;
d) the date of commencement of employment;
e) the salary grade and level;
f) the vacation entitlement for the current year;
g) the duration of the probationary period and the date of the next annual salary increase;
h) the obligation to complete the health questionnaire and, if necessary, to undergo an additional medical examination, as well as the reservation of the effects of the results of the questionnaire and the findings of the supplemental medical examination;
i) the address of the department responsible for the employee's payroll;
j) the affiliation with the State Personnel Pension Fund;
k) if applicable, the specific employment conditions, particularly the notice periods for employees with a fixed-term employment or without guaranteed employment status.
1. The medical examination is mandatory if the applicant is employed for a period of at least one year.
2. It is conducted on the basis of a health questionnaire, which is provided to the applicant no later than with the employment contract.
1. The employed person completes the health questionnaire and then sends it to the state's designated trust physician.
2. The trust physician determines, within one month after receiving the questionnaire, whether a supplementary medical examination is necessary and whether the employed person can perform the intended activity. He or she communicates the findings to the employment authority and the employed person.
3. Any necessary supplementary medical examination is conducted by a physician of choice specializing in general medicine, internal medicine, or surgery, who holds a license to practice in the Canton of Fribourg.
1. If the health condition of the employed person does not permit the permanent performance of the designated activity, the contract shall become null and void.
2. The employment authority shall promptly inform the employed person in writing.
3. The effects of the employment shall cease upon receipt of this notification or, if the employed person has already commenced their position, at the end of the week following the receipt of the notification.
4. A false statement regarding the health condition shall be considered a valid ground for dismissal within the meaning of Article 44 of the State Personnel Act (StPG) and Article 32 of these Regulations.
1. The termination procedure may only be initiated after the employee has been served with a warning letter signed by the head of service.
2. The warning letter specifies the identified deficiencies, the expected improvements, and a reasonable period to remedy these deficiencies.
2a. The employee may, within ten days, request a review of the warning letter in writing and with stated reasons. The employing authority shall respond in writing with a summary justification.
3. If, after the deadline set in the warning letter, it becomes evident that the identified deficiencies persist, the employing authority or the designated person initiates the termination procedure and, if necessary, conducts the investigations required to complete the file.
4. Before making its decision, the employing authority or the designated person, in accordance with the right to be heard, hears the affected person orally as a general rule and sets a deadline for inspecting the file and submitting written comments.
5. After the deadline for inspection, the employing authority makes its decision. The decision may consist of
a) a termination with a notice period of three months to the end of a month pursuant to Article 37 StPG;
b) a transfer in the sense of Article 34 paragraph 1 letter d StPG;
c) the issuance of a new warning letter;
d) a waiver of any measure.
1. The employment relationship of staff with fixed-term appointments ends by operation of law upon the expiration of the contract.
2. If the contract provides for early termination and is concluded for a duration of less than two years, the employer may terminate the employment relationship at any time, provided that a one-week notice period is observed for the end of a week during the first two months and a one-month notice period for the end of a month from the third month onwards.
3. If the contract is concluded for a duration of two years or more, premature ordinary termination is only possible if expressly stipulated in the contract and the conditions under Article 29 are fulfilled.
4. The employment relationship of hourly wage staff automatically ends at the time agreed upon in the contract. In the case of a contract exceptionally concluded for an indefinite duration pursuant to Article 1 paragraph 3 in fine, the employment relationship can be terminated at any time, observing the notice periods in paragraph 2. From the 10th year of service, notice can be given with a three-month notice period to the end of a month.
5. ...
1. The dismissal procedure may be initiated as soon as there are credible indications of a reason for dismissal.
2. Depending on the type of the suspected reason and if the relationship of trust with the employee is not irrevocably broken, the hiring authority issues a warning letter to the concerned employee.
3. Before the hiring authority or the person designated by it makes their decision, they shall, in accordance with the right to be heard, generally hear the affected party orally and set a deadline for the individual to inspect the file and submit comments in writing.
4. After the deadline has expired, the hiring authority makes its decision, which may consist of the immediate termination of the employment relationship or another appropriate measure such as a transfer, or the decision not to take any measures at all.
5. If the reason is proven from the outset (e.g., if someone is caught in the act) or if the employee admits to the alleged facts, the hiring authority shall issue the dismissal immediately after hearing the employee.
6. The dismissal becomes legally effective upon receipt of the decision by the employee.
1. The abolition of a position is defined as
a) the complete or partial abolition of a position guaranteed in the employment contract;
b) the permanent and substantial change in the job description of the holder of a position guaranteed in the employment contract;
c) the abolition of a non-guaranteed position, if it occurs after seven consecutive years of service by the holder of that position;
d) the reduction in the number of teaching units for a teacher compared to the number of teaching units guaranteed in the employment contract;
e) the significant reduction in the number of teaching units that are not guaranteed in the employment contract of a teacher, compared to the average number of teaching units regularly taken on during seven consecutive school years.
2. No later than when the abolition of a position is decided, the appointing authority forwards the dossier of the affected person to the specialist department and, if necessary, to the Office for Personnel and Organization, which circulates the dossier for potential re-employment.
3. Six months before the position is actually abolished, the employment relationship is provisionally terminated if the affected person cannot be assured of a new position at that time.
4. Before the termination of the employment relationship, the affected person is heard by the specialist department or the head of service. The affected person may request a hearing with the appointing authority. This possibility must be pointed out to the affected person at the first hearing.
5. In the case of partial abolition of a position, the termination of the employment relationship only applies to the abolished part of the position.
6. The regulations applicable to teaching staff, particularly in cases of part-time employment, remain reserved.
1. Compensation upon Job Abolishment in Case of Termination
a) One week's salary (including 13th month's salary), provided the employee is under 30 years of age or has less than 3 years of service at the time of job abolishment;
b) Three times the monthly salary (including 13th month's salary), provided the employee is between the completed age of 30 and 40 at the time of job abolishment;
c) Five times the monthly salary (including 13th month's salary), provided the employee is between the completed age of 40 and 50 at the time of job abolishment;
d) Six times the monthly salary, provided the employee has completed the age of 50 at the time of job abolishment.
2. The amount stipulated in paragraph 1 is increased by one month's salary (including 13th month's salary) for every four years of service completed.
3. In the event of reassignment instead of dismissal, the employee is entitled to compensation, calculated in accordance with paragraphs 1 and 2, based on the difference between the old and new salary.
4. Article 38 remains reserved.
1. If an employee is assigned to a position in a function that is classified in a lower grade, the state guarantees the salary level of employees over the age of 55 until the termination of their employment relationship with a vested compensation.
2. The function offered to the employee must be reasonable. Reasonableness is considered given if the proposed salary grade is not more than 4 grades below the previous one.
3. The vested compensation corresponds to the difference between the previous salary, increased by the 13th monthly salary, and the new salary, increased by the 13th monthly salary.
4. The compensation is paid monthly and corresponds to one twelfth of the amount calculated according to paragraph 3.
5. The compensation is not adjusted for inflation.
6. It is insured with the pension fund of the state personnel.
7. Upon promotion or subsequent job change, the vested compensation is abolished. When determining the new salary, which is done according to Articles 107-109, this compensation is not taken into account. However, if the new salary in the event of a promotion does not reach the previous salary plus the vested compensation, the compensation will continue to be paid up to the difference.
8. The Office for Personnel and Organization gives its opinion on the granting of the vested compensation.
1. Employees with a fixed-term contract are not entitled to compensation if their position is abolished at the contractually agreed time.
2. If a position is abolished before the end of the contract and without a contractually agreed possibility of early termination, compensation is granted in accordance with Article 34. However, it must not exceed the salary that the employee could have earned up to the contractually agreed time.
1. In the event of permanent incapacity to work due to illness or accident, the specialist office shall inform the employee two months before the expiry of the 365 full or partial absences due to incapacity to work that the employment relationship will be legally terminated. Article 84 is otherwise reserved.
1. With the consent of the employing authority, the employee may partially retire, provided that the minimum employment rate with the state remains at 40%. Partial retirement can occur in two stages, but the minimum employment rate must be adhered to. In the employer's interest, a minimum employment rate of less than 40% may be agreed upon in consultation with the employee.
2. In the case of full retirement or partial retirement approved by the employing authority, the state contributes to the reimbursement of the AHV advance granted by the state personnel pension fund, provided that the employee has served the state for at least 13 years and their behavior met the requirements of the position held.
3. If the employment with the state was interrupted for more than ten years, the years of service prior to the interruption are not taken into account.
1. The state's participation corresponds to at most 90% of the maximum monthly AHV retirement pension multiplied by 60 months.
2. In the case of full retirement from the completion of the 60th year of age, the state's participation corresponds to 90% of the maximum AHV retirement pension. It shall be paid out until the AHV retirement age is reached or an entitlement to a disability pension arises.
3. If retirement occurs before the completion of the 60th year of age, the maximum amount according to paragraph 1 shall be proportionately reduced for each month of early retirement.
4. In the case of partial retirement, the state's participation according to paragraphs 2 and 3 shall be adjusted to the degree of retirement.
5. The average employment level of the employee with the state in the last 7 working years is also decisive for the proportional calculation of the state's participation. However, if the calculation is more advantageous for the employee when considering the last 13 years, then these shall be taken into account.
6. The payment modalities for the participation in the reimbursement of the AHV advance to the state's pension fund are determined in the legislation on the pension fund of state personnel.
1. If it serves the employer's interest, particularly in cases of staff shortages, employees who are fully or partially retired may, with their consent, be re-employed for a limited duration.
2. If the reinstated employment exceeds the equivalent of one month's full-time employment per calendar or school year, the employee's salary is generally reduced by the amount corresponding to the state's pre-determined contribution towards the reimbursement of the AHV advance.
1. The maximum age for retirement is 65 years. Paragraph 2 remains reserved.
2. The employee may apply to remain in service beyond the maximum age of 65 years until the 67th year of age. The application must be submitted to the employing authority at least six months before reaching the age of 65. The employing authority may refuse consent if it believes that continued employment would be unfavorable to the service operations or the further development of its activities.
3. The special provisions for personnel categories for which a lower or higher maximum age is established remain reserved.
1. A partial retirement of up to 60% or complete retirement may be implemented.
2. The state shall provide the following benefits to employees placed into retirement, subject to paragraph 4
a) for retirement before reaching the statutory AHV retirement age, a contribution towards the reimbursement of the AHV advance as per Article 37a;
b) for retirement before the completion of the 60th year of age, the buyout of the actuarial reduction under the Law on the State Personnel Pension Fund.
3. If the retirement is a result of misconduct, the state benefits may be reduced or revoked.
4. In cases of retirement due to job elimination, the state shall provide the same benefits as under paragraph 2. However, the contribution towards the reimbursement of the AHV advance amounts to 100% of the maximum AHV pension for a full-time position. These benefits replace the compensation under Article 34.
5. In the event of partial retirement, the state's benefits shall in all cases be adjusted proportionally to the relevant percentage.
1. The weekly working time is 42 hours.
2. The provisions concerning working time models in the Regulation on Working Time for State Personnel as well as the special provisions for certain categories of personnel are reserved.
1. The weekly working hours shall be distributed over five days.
2. Special provisions for certain personnel categories shall remain reserved.
1. The weekly days off are Saturday and Sunday.
2. If the employee's function requires it and the job description provides for it, other, generally consecutive weekdays may be designated as days off; at least one of them must be a Sunday once per month.
1. Non-Working Days as per this Regulation are
a) the statutory holidays, namely New Year's Day, Good Friday, Ascension Day, Corpus Christi, Assumption Day, August 1st, All Saints' Day, Immaculate Conception, and Christmas Day;
b) January 2nd, Easter Monday, Whit Monday, December 26th, and the afternoons of May 1st and December 24th.
2. If Christmas and New Year's Day fall on a Tuesday or Saturday, the preceding days of these two holidays are non-working.
3. On the day preceding holidays, work ends at 4:00 PM.
1. Employees whose function requires it and whose job description provides for it may be required to perform part of their regular working hours on non-working days.
2. Work performed during an entire or half non-working day will be compensated with time off of equal duration.
1. Administrative units shall establish electronic or mechanical time recording devices.
2. In administration, the following work time models shall apply: flexible working hours, partially prescribed working hours, and fully prescribed working hours.
3. ...
4. The details of these working hours are the subject of a separate regulation.
1. If the function requires it and the job description provides for it, the working hours of the employee may be entirely prescribed.
**1. Employees, whose function requires it and whose job description specifies it, may be obligated to perform part of their regular working hours as night duty.**
2. Night duty is defined as work performed between 8 PM and 6 AM. Article 47a remains reserved.
3. The transition between day and night work is established in accordance with federal legal regulations and is gradually implemented, effective by no later than January 1, 2012.
4. Special provisions for certain categories of personnel remain reserved.
1. Work performed between the hours of 11 PM and 6 AM shall be compensated at 115%.
1. Work performed during the night, on a Sunday, or on a day off entitles the employee to compensation, the amount of which is listed in Appendix 3 of these regulations.
2. Compensation for the hours worked on the night before a Sunday or a day off shall be cumulative.
1. Overtime is defined as the working hours performed in addition to regular working hours, either by order or with the express consent of the supervisor.
2. The regulation on flexible and fixed working hours specifies for employees with freely selectable working hours what constitutes regular working hours and what constitutes overtime work.
1. No employee can be required to work more than 120 hours of overtime per calendar year.
2. Overtime work can only be extended to night time, Sundays, or a non-working day with the consent of the employee or if it is stipulated by the job description.
1. One hour of overtime is compensated with one hour of leave.
2. If no compensation occurs within six months, the overtime entitles one to remuneration calculated at the hourly rate of the monthly salary increased by one quarter.
3. Overtime worked at night, on Sundays, and on non-working days further entitles one to compensation, the amount of which is listed in Appendix 3 of this regulation.
4. The special provisions for certain categories of personnel remain reserved.
1. Employees in higher management positions classified in Grade 28 or above will be compensated for overtime from the 101st to the 300th overtime hour per year.
2. Payment for overtime hours must be approved by the supervising authority. After payment of the overtime hours, the remaining overtime hours will be canceled.
3. If overtime hours are not compensated, employees in higher management positions can balance them within the current year. They can also carry them over to the following year. However, if more than 100 overtime hours are carried over, the approval of the supervising authority is required.
4. In agreement with the supervising authority, a compensation plan for overtime hours can be created that extends beyond one year. In this case, upon the expiration of the compensation period, any remaining balance between 100 and 300 overtime hours that have not been compensated will be paid out, and the remaining overtime hours will be canceled.
5. In any case, including the termination of the employment relationship, a maximum of 200 overtime hours can be compensated.
6. Article 51, paragraph 3 is not applicable.
7. The compensation and remuneration of overtime hours for the directors of institutions with their own legal personality can be regulated in an agreement with stricter provisions than those stated in the preceding paragraphs.
1. Overtime for part-time personnel that is not compensated within six months entitles the employee to remuneration at the hourly rate, increased by the 13th month's salary and vacation entitlement, up to 100% of full-time employment. Such overtime is insured with the pension fund.
2. For overtime exceeding 100% of full-time employment, Articles 50-52 apply.
1. If the function requires it and the job description provides for it, employees may be required to perform on-call duty beyond regular working hours.
2. During on-call duty, employees must be available so that they can be deployed if needed. For this purpose, they must be reachable and able to proceed to the workplace without delay.
1. If the function requires it and the job description provides for it, employees may be required to perform on-call duty beyond regular working hours.
2. During on-call duty, they are available at the workplace so that they can be deployed if necessary.
1. Employees may not be required to perform on-call duty for more than eight consecutive days or nights.
2. Employees may not be required to perform standby duty for more than two consecutive days or nights. Furthermore, they may not be obligated to perform such standby duty for more than one weekend per month.
3. Exceptions may be made to the restrictions outlined in Paragraphs 1 and 2 in cases of emergencies or extraordinary workloads.
4. Special provisions for certain categories of personnel are reserved.
1. Any person performing on-call duty is entitled to compensation in accordance with Appendix 3 of these regulations; subject to consideration of the workload associated with on-call duty in the job evaluation by Evalfri.
2. Article 138 remains reserved.
1. Individuals who perform on-call duty are entitled to compensation in the form of vacation hours and, subject to the consideration of the burden associated with the on-call duty in the functional evaluation by Evalfri, are also entitled to on-call duty compensations.
2. On-call duty counts fully as working time. On-call duty performed at night is additionally compensated according to Article 47a.
3. The amounts for on-call duty compensations are listed in Appendix 3 of these regulations. For work hours performed on the night before a Sunday or a non-working day, compensations are cumulative.
4. The special provisions for certain categories of personnel remain reserved.
1. If an employee is called to duty during on-call service or stand-by service, the time spent on duty, including travel time to the workplace, counts as overtime work.
2. These duty hours are compensated and remunerated according to Article 51.
1. Employees are entitled to paid vacation per calendar year as follows
a) 25 days (five weeks) until the completion of the 49th year of age;
b) 28 days (five weeks and three days) from the beginning of the calendar year in which they turn 50 years old;
c) 30 days (six weeks) from the beginning of the calendar year in which they turn 58 years old.
2 ...
1. Upon commencement or termination of employment during the year, the vacation duration is calculated in proportion to the length of the period of service.
2. It is calculated according to the table in Annex 1 of these regulations.
1. Whole and half days off listed in Article 43 that fall within the vacation period of employees shall not be counted as vacation days.
2. Vacation shall be postponed if it is interrupted for more than three days due to illness or accident and this is confirmed by a medical certificate. The employee shall immediately inform the supervisor of this. Special provisions for teaching staff remain reserved.
1. The vacation duration is reduced if the employee was prevented from working for more than two months in total during the year. In this case, the first two months of absence are not considered in the calculation of the reduction.
2. The reduction in vacation duration only takes place after a total absence of three months, if the absence is due to an occupational accident or occupational illness, or due to mandatory military service; this includes a promotional service if it is performed with the consent of the employing authority. In this case, the first three months of absence are not considered in the calculation of the reduction.
3. In the case of absence due to maternity leave, the reduction in vacation duration only occurs after sixteen weeks, with this period not being considered for the calculation of the reduction.
4. The reduction in vacation duration occurs in proportion to the duration of the absence according to the table in Appendix 1 of these regulations. However, in the event of uninterrupted absence for 12 months, the employee is not entitled to any vacation.
1. The timing of vacations is determined by the head of department, taking into account the needs of the service and the wishes of the employee, particularly those arising from family reasons. A vacation schedule is prepared at the beginning of the year.
2. Vacations may be divided, but must include at least two consecutive weeks. Additionally, they can be taken in part by the hour in accordance with the working time regulations of state personnel.
3. The employee may, by agreement with the head of department, carry over at most half of the annual vacation to the following year. In no case may more than four weeks be carried over.
4. Exceptionally, the appointing authority may approve in emergencies and in cases of extraordinary workload within a year that more than half of the vacation be carried over to the following year. In this case, there is an entitlement to compensation or to financial settlement for the part exceeding half of the vacation upon termination of the employment relationship pursuant to Article 65.
5. Approval to carry over more than half of the vacation to the following year must be given in advance and in writing following a statement from the specialist office.
6. ...
1. During the term of the employment relationship, vacation cannot be compensated by monetary payments or other benefits.
2. If the employment relationship is terminated during the year, unused vacation entitlements will be compensated by a salary supplement corresponding to this vacation entitlement, whereas vacation taken beyond the regulatory duration will be offset by a corresponding salary reduction.
1. Suspension of Work for Reasons Other Than Vacation, Illness, Accident, Pregnancy or Maternity, Paternity, Adoption or Military Service Requires the Granting of Leave.
1. The head of department grants paid leave for the following events
a) Marriage or registration of a partnership of the employee: 3 days;
b) Marriage or registration of a partnership of a child, brother, sister, father, or mother of the employee: 1 day;
c) ...
d) Death of the spouse, registered partner, a child, or a person living in the employee's household: 5 days;
e) Death of the father or mother of the employee: 3 days;
f) Death of the brother or sister of the employee: 2 days;
g) Funeral of another relative, a work colleague, or another person close to the employee, depending on distance: ½ to 1 day;
h) Illness or accident of the employee's child: up to five working days per year and per child;
i) For the care of a family member not covered under Art. 67 para. 1 let. h or the life partner with health impairments: the leave is restricted to the time necessary for care, but amounts to a maximum of 3 working days per event and a total of 10 working days per year;
j) Relocation: 1 day; if the change of residence is prescribed by the state or becomes necessary due to a transfer according to Article 34 para. 1 let. b StPG: 2 days;
k) Military discharge inspection, depending on distance: ½ to 1 day;
l) Participation as a member in the general meetings of professional associations or unions: 1 day per year.
2. Employees who assume trade union or cooperative responsibilities are entitled to paid leave for tasks associated with this position, granted by the head of department, up to a maximum of five days per year.
3. Except in the case of the marriage or registration of a partnership of the employee, the leave can only be taken at the time of the relevant event and on the following days.
1. If the employee has a right to compensation for caring for a seriously ill or injured child, they are entitled to paid leave for a maximum of fourteen weeks.
2. The leave must be taken within a framework period of 18 months. The framework period begins on the day for which the first daily allowance is paid.
3. The leave can be taken all at once or on a day-by-day basis.
1. Authority for Granting Paid Leave for Reasons Other than Those Provided in Article 67
a) Department heads are responsible for granting leave up to one day per year for obligations that employees cannot fulfill outside of work hours;
b) Professional offices authorize up to 5 days of leave, upon consultation with the affected department;
c) Directorates and institutions authorize 6 to 15 days of paid leave, upon consultation with the professional office;
d) Directorates and institutions authorize more than 15 days of paid leave, upon consultation with the Office for Personnel and Organization.
2. The Office for Personnel and Organization may issue guidelines for granting leave for specific purposes (e.g., youth and sports courses). Department heads are responsible for granting leave in accordance with these guidelines.
1. Authority for the Granting of Unpaid Leave
a) The heads of departments for leave of less than 10 days;
b) The specialist offices after consultation with the affected department for leave of 11 to 20 days;
c) The directorates and institutions after consultation with the specialist office for leave of more than 20 days.
2. Unpaid leave may last a maximum of two years, except in exceptional cases, which are decided by the State Council.
1. Employees intending to interrupt their work activity for vacation purposes must inform their direct supervisor in advance.
1. The directorates and institutions are responsible for permitting an employee to hold a public office position, upon consultation with the specialist department, and for granting paid leave for this purpose.
2. The Office for Personnel and Organization prepares a list of functions recognized as public office positions and issues guidelines regarding the duration of the paid leave. In no case may the total duration of paid leave exceed 15 working days per calendar year for all offices held by an employee.
1. If the absence exceeds the duration of paid leave, the excess days shall be counted as vacation or unpaid leave must be requested for them.
2. They can be counted as vacation for at most half of the vacation entitlement. Reserved is the reduction of the employment level according to Article 119 StPG.
1. The employee shall inform their supervisor in advance of any absence required for the performance of public duties.
1. Recognized as years of service are all those years in which the employee has worked for at least six months and received a monthly salary for this work.
2. However, if the employment is interrupted for more than two years, the years of work performed before the interruption are not recognized as years of service. Transitional provisions remain reserved.
1. Employees who have participated in the strike must report to their direct supervisor or to the service manager within no more than 48 hours after the end of the strike. The prior notice under Article 75c remains reserved.
2. Institutions and administrative units shall compile a complete list of the striking individuals, including the duration of the work stoppage, under the responsibility of the institution's director or the service manager. They shall immediately forward this list to the relevant directorate, which will then relay it to the Office of Personnel and Organization and to the personnel department.
3. Employees who do not report and are absent from work without justification are in breach of their duties (Art. 56 StPG).
1. During a strike in accordance with Article 68 of the State Personnel Code (StPG), the employment relationship between the state and its employees is suspended.
2. The salary calculated based on the duration of the strike and in proportion to the level of employment will not be paid. Compensation with vacation time or overtime or any other form of compensation is not possible.
1. After consultation with the directorates and institutions, the State Council determines in which operational areas a minimum service must be ensured.
2. To ensure the minimum operation, employees must report to their superiors before the strike begins and organize themselves under the responsibility of the department heads or the person responsible for the body designated by the institution's directorate. In the case of a disagreement, these persons determine which employees must ensure the minimum operation.
3. The law concerning the liability of public entities and their officials remains reserved.
1. In the event of absence due to a non-work-related illness, the employee is required to submit a medical certificate to their supervisor starting on the fourth consecutive day of absence, which can be presented to the state's trusted medical officer for assessment.
2. In cases of prolonged absence or repeated short absences, the management, institution, or personnel and organization office may at any time require a medical certificate or an examination of the employee by the state's trusted medical officer.
3. The payment of salary will be suspended if the employee fails to submit the medical certificate despite being reminded or does not undergo the required examination.
1. If an employee's performance is evidently impaired due to health reasons, the appointing authority may order a medical examination, the results of which will be communicated to the state's trusted physician.
2. If necessary, the state's trusted physician may conduct or arrange for a further examination.
3. The state's trusted physician determines, if necessary, the date from which the employee is considered wholly or partially incapable of working within the meaning of the Ordinance of 16 September 2003 on the salary guarantee for state personnel in the event of illness and accident.
1. The share of the UVG premium for non-occupational accidents is borne by the staff. It is deducted directly from the salary.
1. The determination of an accident or occupational disease of an employee is carried out in accordance with Articles 53-60 of the Federal Ordinance on Accident Insurance (UVV).
2. The employee shall promptly provide the head of service with the information required under Article 53, paragraph 1 of the UVV, using the designated form, regarding
a) the time, place, circumstances, and consequences of the accident;
b) the attending physician or hospital;
c) the liable parties and insurances involved.
1. The entitlement to continued salary payment and the administration of absences due to illness and accident are regulated by the Ordinance of 16 September 2003 on the Salary Guarantee for State Personnel in the Event of Illness and Accident.
1. The provisions of federal labor legislation regarding health protection for pregnant women and nursing mothers are applicable, namely
a) for work primarily performed while standing from the fourth month of pregnancy: granting ten-minute short breaks after every two hours;
b) from the sixth month of pregnancy: limiting standing work to a total of four hours per day;
c) prohibition of night work during the eight weeks prior to the expected delivery;
d) the possibility of day work for women who do not wish to perform night work during their pregnancy; if this possibility does not exist, payment of 80% of the salary.
1. Subject to paragraph 2, maternity leave may be taken partly before and partly after childbirth, or entirely after childbirth. The portion of maternity leave taken after childbirth cannot be further divided.
2. The employee may take up to two weeks of her paid maternity leave before the expected date of childbirth. If the remainder of the paid maternity leave is insufficient to cover the 16 weeks following childbirth, the employee may, upon request, take the missing weeks as unpaid leave. Under no circumstances may the employee resume work in the 8 weeks following childbirth.
3. ...
4. ...
1. Maternity leave ends no later than the expiration of the contract.
1. In the event of a hospital stay for the newborn, maternity leave is extended in accordance with the provisions of the Federal Act on Income Compensation.
**1. Pregnant Women and Nursing Mothers**
Pregnant women and nursing mothers may not be employed beyond the agreed upon ordinary duration of daily work, and under no circumstances beyond 9 hours.
2. Nursing mothers are granted the necessary time for breastfeeding or expressing milk. This time is counted as paid working time during the child’s first year, as follows
a) for a daily working time of up to 4 hours: 30 minutes;
b) for a daily working time of more than 4 hours: 60 minutes;
c) for a daily working time of more than 7 hours: 90 minutes.
1. If a pregnant employee terminates the employment relationship at the time of childbirth, the effects of the termination are postponed until the end of the paid leave duration specified in Article 113 of the StPG.
2. If an employee wishes to reduce her employment level after maternity leave, she must submit a corresponding request before the maternity leave begins. If the request is approved, her contract will be amended with an addendum that sets the new employment level. If the request is denied due to operational reasons, the employee either continues to work at the same employment level as before after the maternity leave, or she resigns from her position. In no case does the employee have the right to a change in employment level.
1. During an unpaid leave of absence due to pregnancy or maternity, and until the end of sixteen weeks after childbirth, the state shall continue to pay the employer's contribution owed to the pension fund.
1. The employee is entitled to a paternity leave of fifteen working days upon presenting a birth certificate or other official document.
2. The paternity leave may be taken all at once or in parts. It must be taken within six months after the birth. Article 71 applies.
1. The duration of salary continuation provided for in Article 111, paragraph 1 of the StPG applies per calendar year. However, if the employee attends two mandatory services within one year in agreement with the supervisor, the duration of salary continuation may be extended to a maximum of two months. If the employee leaves public service in the following year, the overpaid portion of the salary must be reimbursed pro rata temporis.
1. If an employee must interrupt work due to military, civil, or civil protection service, he or she must notify their direct supervisor in advance.
1. The general salary scale comprises 36 salary grades.
2. The number of grades in the special salary scale is determined in accordance with the classification of the relevant functions.
3. Each salary grade is divided into 20 salary steps. The salary steps may be divided into half steps.
1. The State Council establishes the general salary scale and the special salary scale in a regulation.
2. It establishes the extraordinary salary scales in the specific regulations for the relevant personnel categories.
1. The State Council shall decide each year on the adjustment of the salary scales and extraordinary salary scales to the cost of living.
2. For the calculation of the cost of living, the State Council relies on the national consumer price index of November.
3. The State Council shall carry out the adjustment of the salary scales and extraordinary salary scales in accordance with Article 81 paragraph 3 of the StPG for the first time with effect from January 1, 2007. The adjustment shall correspond at most to the difference between the national consumer price index of November 2006 and the index actually applied to the salary scales at that time.
1. The State Council decides each year on the adjustment of salary scales and extraordinary salary scales in accordance with real wage development.
2. To determine the relevant development, the state refers to the federal wage statistics issued by the Federal Office for Statistics, notably from its collection center for accident insurance statistics. The state itself participates in wage surveys. Based on these foundations and after consulting with the personnel, the State Council determines the relevant growth rate (relevant growth rate of real wages).
3. The wage development for state personnel is calculated from the wage sum difference between two consecutive years, with the same staffing level and the same inflation rate (growth rate of real wages of state personnel). However, changes in classification due to job evaluations in accordance with Evalfri, individual and group bonuses, and promotions are not considered in this calculation.
4. The State Council shall implement the adjustment of the salary scales and extraordinary salary scales according to Article 81 paragraph 4 of the Public Personnel Statute Act for the first time in 2006, taking effect on January 1, 2007. The adjustment shall not exceed the difference between the relevant growth rate determined under paragraph 2 (relevant growth rate of real wages) and the wage development determined under paragraph 3 (growth rate of real wages of state personnel).
1. The reference salary corresponds to the salary at the index level 100 (May 2000) of consumer prices. Adjustments to real wage developments are integrated into the reference salary.
1. The basic salary corresponds to the reference salary adjusted for inflation.
1. The thirteenth month's salary is paid semi-annually, with 50% being paid at the end of June and 50% at the end of December.
1. The labor market allowance can be granted individually if the following conditions are cumulatively met
a) According to the prevailing salary regulations, it is not possible to hire or retain the employee.
b) The employee possesses special skills necessary for the performance of the tasks assigned to them.
**1. Employment Authority: Granting Additional Salary Grades as Market Allowance**
1. The employment authority may, in agreement with the Office for Human Resources and Organization, grant some additional salary grades as a labor market allowance, but not exceeding the highest salary grade of the salary class assigned to the function.
2. The number of salary grades corresponding to the labor market allowance shall be specified in the employment contract. This contract may provide for a fixed salary for a specific period without an increase in the salary grade.
3. The Office for Human Resources and Organization periodically submits a report to the Council of State on the decisions made in accordance with paragraphs 1 and 2 and includes its opinion in the report.
1. The State Council decides on the granting of a salary allowance, which may not exceed 20% of the maximum salary designated for the position, including the thirteenth monthly salary.
2. In exceptional cases, the State Council may grant a salary allowance that exceeds the maximum limit of 20%.
3. The Office of Personnel and Organization must provide their opinion on this matter.
4. The maintenance, reduction, or abolition of the labor market allowance is the subject of a regular report by the employment authority for the attention of the State Council. The Office of Personnel and Organization provides an opinion on this matter.
1. The labor market allowance may be granted to a group of employees performing the same function when, according to the ordinary applicable salary regulations and due to the job classification, it is not possible to recruit or retain employees belonging to the relevant personnel category.
2. The State Council decides on the granting and the amount of the labor market allowance after consulting the Office for Personnel and Organization.
3. Following a labor market analysis and based on salary surveys, the Office for Personnel and Organization regularly proposes to the State Council the retention, reduction, or abolition of the labor market allowance.
1. The labor market allowance is adjusted for inflation, and statutory social security contributions are levied, specifically including contributions to the state personnel pension fund, up to the statutory maximum amounts.
2. If the labor market allowance does not consist of additional salary grades pursuant to Article 98, it shall not be considered when calculating overtime pay.
1. Subject to the special provisions applicable to certain categories of personnel, the hourly wage corresponds to the monthly basic salary divided by 182.
2. The hourly wage is increased by a supplement of 8.33% to compensate for the thirteenth month's salary, by a supplement to compensate for the holiday entitlement, and by a supplement of 4% for administrative staff and 2% for teaching staff to compensate for days off.
1. The applicable annual salary increase for salaries classified in the salary scales amounts to one salary level.
2. The annual salary increase is granted at the beginning of each calendar year. However, the first annual salary increase is only granted at the end of the first twelve months of employment, unless a different date is specified in the employment contract.
3. The applicable annual salary increase for salaries classified in the extraordinary salary scales and the timing of its granting are regulated by the special provisions applicable to the relevant categories of personnel.
1. The appointing authority may, at the beginning of the calendar year, grant employees, who based on an overall assessment of their conduct, abilities, and performance quality exceed the requirements of their role and position, a salary increase beyond the amount of the annual salary grade, but not more than two salary grades.
1. The refusal or deferment of the annual salary increase can only be decided based on a comprehensive evaluation of the conduct, skills, and performance quality of the employee. This comprehensive evaluation must indicate that the requirements of the position are not being met.
2. If the requirements concerning the skills are only partially met, a partial increase, equivalent to half a salary step, will be granted. The second half of the salary step may be granted effective July 1st, if a renewed comprehensive evaluation shows that the performance has improved and fully meets the requirements of the position.
3. Subject to the possible procedure for the termination of the employment relationship according to Articles 29 and 30.
1. The annual salary increase shall not be granted in the following cases
a) The salary is set below the grade assigned to the function, subject to Paragraph 2.
b) The employee is still in the probationary period.
c) Absences in the previous year for reasons other than vacation, illness, work-related accident, or maternity leave exceeded more than 6 months.
d) The employment contract provides for a fixed salary due to temporary employment for less than two years.
e) The employment contract is negotiated at a fixed salary for a specified period due to labor market reasons.
2. If the salary is permanently set below the grade assigned to the function, the annual salary increase may be granted at the discretion of the employment authority.
3. The contractual terms regarding the entitlement and succession of annual salary increases for employees whose salary is classified under the special pay scale remain reserved.
1. Promotion Without Change of Function
A promotion without a change of function involves an advancement from one salary grade to another without altering the reference function according to the classification list adopted by the State Council.
2. The promotion is decided by the hiring authority in agreement with the Office for Personnel and Organization within the prescribed budget framework and under one of the following conditions
a) The requirements of the position have changed.
b) The employee has pursued further education or acquired more experience.
3. In any case, the promotion can only be granted after a comprehensive assessment of the employee's behavior, skills, and performance quality has demonstrated that they fully meet the requirements of the position.
4. The new salary shall be at least the previous salary increased by the amount of one salary step in the new salary grade.
1. Promotion with a Change in Duties consists of transfer to a position that corresponds to a hierarchically higher reference function than the one previously exercised.
2. The promotion is decided by the Appointing Authority in agreement with the Office for Personnel and Organization within the budgetary framework and under one of the following conditions
a) It involves the refilling of an open position.
b) The job profile has undergone a change leading to a reallocation to a different reference function.
3. The promotion can in any case only be effected after an overall evaluation of the conduct, abilities, and performance quality of the employee shows that their performance exceeds the minimum requirements of the previous position.
4. The new salary is set according to Article 87 of the StPG. It corresponds at least to the previous salary increased by the amount of one salary step of the new salary class.
5. Reserved are the cases according to Articles 34 and 35 of the StPG.
1. The change of position consists in the transfer to another position which
a) is assigned the same reference function;
b) is assigned a reference function that is not hierarchically above the previous one.
2. The new salary is determined in accordance with Article 87 of the StPG. The previous salary is not guaranteed.
3. The cases according to Articles 34 and 35 of the StPG are reserved.
1. The allowance amounts to
a) 150 francs for each of the first two children;
b) 75 francs for the third and each additional child.
2. The allowance is granted in proportion to the employee's degree of employment. Article 112 remains reserved.
1. An entitlement to the allowance exists only if there is also an entitlement to a monthly salary.
2. The allowance is granted starting from the month in which the conditions of Article 96 of the StPG are met, and continues until the end of the month in which these conditions cease to exist.
3. The entitlement to the allowance must be asserted by the employee. If the employee negligently fails to assert the entitlement in a timely manner, the allowance will be paid retroactively for a maximum of two years.
1. If two individuals have a claim to the employer allowance for the same child, the allowance will be paid to the person who is employed full-time. If both individuals are employed full-time, each person will receive half of the allowance.
2. If both individuals are employed part-time, the allowance will be paid in proportion to their degree of employment, but it cannot exceed the total amount of a full allowance. If necessary, the paid amount will be proportionately reduced.
3. If one of the individuals works for the state and the other for a subsidized institution, the allowance paid by the state will be determined in relation to the degree of employment with the state. The allowance paid by the subsidized institution will supplement the state allowance up to the amount of a full allowance and will be determined in relation to the degree of employment of the person employed at the subsidized institution.
1. The length-of-service award corresponds to the value of one month's salary or one month's paid leave (20 working days). It is calculated based on the employment degree specified in the employment contract or, for teaching staff, based on the average employment degree in the previous school year.
2. The eligible person may opt for a combination of cash payment and paid leave. They can choose between the following distribution options: 1/4 and 3/4, 1/2 and 1/2, or 3/4 and 1/4.
3. The eligible person must inform the employing authority of their chosen form at least two months before the entitlement is due.
1. Based on the information provided by the employing authority to the department responsible for salary payments, the long-service award is paid out in the month in which the entitlement becomes due. Without such information, the long-service award is paid out in full.
1. Paid leave may be taken all at once or divided. The timing of the leave shall be determined by the supervisor upon the request of the employee, taking into consideration the needs of the department.
2. The employee may take the paid leave in full or in part shortly before retirement.
3. Upon cessation of employment, any earned but unused leave shall be paid out proportionally based on the salary of the last month.
1. If a comprehensive evaluation of the behavior, skills, and performance quality of the employee has revealed that they do not fully meet the requirements of the position, the appointing authority may defer the awarding of the service anniversary gift by one year. The awarding of the service anniversary gift in the following year requires a renewed comprehensive evaluation demonstrating that the employee fully meets the requirements of the position. Articles 29 and 30 remain reserved in other respects.
1. A claim for a representation allowance exists only for representations with a minimum duration of two months.
2. The allowance corresponds to the salary that the employee would have received for a promotion pursuant to Article 108 in this function.
3. The employment authority decides on the granting of the allowance after consulting the Office for Personnel and Organization.
1. The relocation compensation includes transportation and furnishing costs.
2. The transportation costs are borne by the State.
3. The furnishing costs are reimbursed with an amount specified in Annex 3 of these regulations.
1. Any business trip ordered by the competent superior of an employee entitles the employee to reimbursement of the related expenses.
2. The following are responsible for the ordering of business trips
a) The department heads for business trips within Switzerland;
b) The directorate or institution for business trips abroad.
1. Travel expenses must be limited to what is necessary.
2. Only the expenses actually incurred by the employee will be reimbursed.
3. The payment of the reimbursement can be made contingent upon the presentation of receipts at any time.
1. Compensation is generally paid at the end of the month together with the salary based on a statement submitted by the employee to the department head. The department head reviews and signs the statement and then forwards it to the relevant specialized department.
1. The use of public transport or a private vehicle for a business trip entitles one to reimbursement of travel costs.
2. The use of a private vehicle must have been authorized; otherwise, only the equivalent of the public transport costs will be reimbursed.
3. Travel costs from the place of residence to the workplace will not be reimbursed, even if the journey is interrupted for official reasons.
4. Employees who possess authorization to use a private vehicle may be required to transport other employees, third parties, or materials without compensation.
1. The use of a private vehicle may be authorized generally or on a case-by-case basis if
a) it results in a significant saving of time or costs;
b) the destination is not accessible by public transportation.
2. The authorization for the use of a private vehicle on a case-by-case basis is the responsibility of the department head. The general authorization for the use of a private vehicle falls under the responsibility of the directorate or institution.
1. The general authorization is granted to employees if their function requires frequent travel.
2. The employee must have taken out personal liability insurance with unlimited coverage as well as partial comprehensive insurance for theft, fire, and glass breakage.
3. The employee must also commit to driving the vehicle personally throughout the entire business trip.
4. The general authorization is valid for as long as the function requires.
1. If an employee uses public transportation for a business trip, they are entitled to reimbursement of the fare.
2. For business trips by train, there is an entitlement to reimbursement of the price for second-class tickets. However, the following are entitled to reimbursement of the price for a first-class ticket
a) senior management;
b) employees who need to accompany a person traveling in this class.
3. If it is foreseeable that frequent business trips using public transportation would make an SBB Half-Fare Card worthwhile, the employee who holds a Half-Fare Card calculates the full fare price for the respective business trips until the subscription costs are covered. For this purpose, an account is to be prepared.
1. If an employee is authorized to use their own vehicle for a business trip, they shall receive mileage compensation according to the table in Appendix 2 of these regulations.
2. For employees who regularly undertake business trips due to the nature of their work and generally cover more than 10,000 km per year, the mileage compensation provided for in paragraph 1 can be replaced by a flat-rate compensation.
3. The flat-rate compensation is granted by the employing authority following a statement from the Office for Personnel and Organization. It is calculated in such a way that it covers the average annual fixed costs and is paid on a monthly basis. The variable costs are paid according to the mileage as specified in Appendix 2 of these regulations.
4. The employment contract specifies the insurance conditions as well as the reimbursement conditions for the flat-rate compensation in the event of resignation or prolonged absence.
1. The competent directorate or institution, in agreement with the Office for Personnel and Organization, shall regulate the provision of additional compensation for employees who regularly use their private vehicles for transporting materials or on poor road conditions.
1. Any business trip that prevents an employee from having meals at the usual place or staying overnight there entitles them to a meal or accommodation allowance.
2. A business trip is considered a reason for being unable to take a meal at home if it lasts for a minimum of four hours and fully extends over at least one of the following time periods
a) from 6:00 a.m. to 9:00 a.m.,
b) from 11:30 a.m. to 2:00 p.m.;
c) from 6:30 p.m. to 9:00 p.m.
1. The meal expenses are reimbursed with flat rates according to Annex 3 of this regulation.
2. If the flat rate is insufficient to cover the actual and justified costs recognized by the management or the institution, a surcharge may be granted.
3. However, if the employee benefits from reduced prices during regular business trips or those of longer duration, the flat rate will be accordingly reduced.
4. The accommodation allowance must cover the reasonable actual costs for an employee's overnight stays on a business trip.
1. Employees who are unable to eat at home due to a mobile workplace (e.g., construction site) are entitled to compensation for lunch as per Appendix 3 of these regulations.
2. The minimum break of half an hour, during which the meal is consumed, does not count as working time.
1. Employees required to work at night between 8:00 PM and 6:00 AM are entitled to compensation for a main or intermediate meal according to Annex 3 of these regulations.
2. Intermediate meals are only reimbursed if the employee has worked at least three consecutive hours but less than seven hours between 8:00 PM and 6:00 AM.
3. Main meals are only reimbursed if the employee has worked at least seven hours between 8:00 PM and 6:00 AM.
4. Compensation for main and intermediate meals cannot be combined.
5. If the department or institution provides catering that meets the needs of employees working at night, the compensation for main and intermediate meals is either replaced by this catering, or the amount granted corresponds to the cost price of the catering offered.
6. The time during which the main or intermediate meal is consumed counts as working time.
1. If an employee has been granted permission to use a private vehicle and suffers an accident while using this vehicle on duty, the state shall cover the damage to the vehicle in full or in part, after deducting a deductible of 200 francs.
2. If there is no fault, no deductible will be deducted. However, in the case of gross negligence by the employee, the state's participation is forfeited.
3. The responsible directorate or institution, in agreement with the Office for Personnel and Organization, is responsible for the application of this provision.
1. If an employee suffers damage to clothing or other personal belongings while performing their duties, the state may cover the damage in full or in part.
2. However, in cases of gross negligence on the part of the employee, the state will not participate in covering the damage.
3. The implementation of this provision is decided by the management or institution in agreement with the Office for Personnel and Organization.
1. Employees who represent the state or other cantonal interests on a board of directors, foundation board, or other executive bodies of legal entities under private or public law shall fully forgo all compensation (fixed compensations, meeting fees, and other monetary benefits or benefits in the form of participations) in favor of the state.
2. Expenses (travel allowances, meal allowances, overnight stays, and materials related to the execution of duties) are exempt from the obligation to refund.
3. The affected employees shall ensure that the compensations referred to in paragraph 1, specifying the individual and the respective mandate, are directly transferred to the state's bank account. The financial administration shall record the received amounts in the accounts of the unit where the affected employee exercises their function.
4. The above provisions apply to the compensation of members of executive bodies appointed under federal law, insofar as the Fribourg authorities are responsible for this compensation, and in cases where cantonal law requires that a specific function is associated with membership in the said bodies.
1. The amounts of the compensations provided in Articles 48, 51, 57, 58, and 136-138 of these regulations are adjusted every two years in line with the national consumer price index, provided that it has increased by at least 10%. However, it may be decided, following consultation with the staff as per Article 123 StPG, that the inflation adjustment is only partially granted, taking into account the economic situation and the financial position of the canton.
2. The amounts provided in Articles 118 and 129 have been adjusted every three years since January 1, 2000, based on market studies in the affected areas and after consultation with the staff as per Article 123 StPG. The amounts under Articles 129a and 129b are adjusted according to the same modalities every three years from January 1, 2007.
3. The amount of the mileage allowance (Art. 126) refers to the average cost of using a passenger car with an engine displacement of 1600 cm³ as of January 1, 2000. It is regularly adjusted to reflect cost developments.
1. The rental price for the service apartment to be used by the employee is set by the Building Department based on market prices and taking into account any official advantages or disadvantages.
2. It is adjusted every two years according to the development of market prices.
1. The state shall cover the funeral expenses of an employee who has fallen victim to an occupational accident or occupational disease.
1. This section applies only to those categories of personnel for which no specific regulations have been established.
1. Justice Enforcement Professionals who were employed at the Central Prison as of January 1, 1992, receive a monthly service compensation according to Annex 3 of these regulations. The specific compensations pursuant to Article 48 for night service, Sunday service, or service on days off performed within the scope of regular working hours are awarded to Justice Enforcement Professionals only in an amount that exceeds the monthly flat-rate compensation.
1. Instead of the compensations provided for in Articles 48, 57, and 58, the game wardens-fisheries inspectors and game warden-fisheries inspectors shall receive a monthly flat-rate compensation as per Appendix 3 of this regulation.
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1. The administration or institution may compensate a personnel category affiliated with it for on-call duty with leave instead of with the compensation provided for in Article 57, with five hours of on-call duty corresponding to one hour of leave.
1. The management or institution can establish the working hours of a personnel category affiliated with it up to the working hours set forth in the standard employment contract for agriculture in the Canton of Freiburg.
1. Working hours, special services, and compensation for road maintenance workers are regulated by the service regulations for the maintenance personnel of national and cantonal roads.
2. Road maintenance workers may be required to work up to 50 overtime hours per month, but not more than 220 overtime hours per year.
3. In extraordinary circumstances (such as winter services, rockfalls, landslides, etc.), employees may be required to perform overtime beyond the maximum limits set in paragraph 2.
4. Overtime worked under the extraordinary circumstances specified in paragraph 3 shall be compensated with one and a half hours of leave for each hour worked.
5. Overtime mentioned in paragraph 3, which could not be compensated with leave, shall be remunerated at an hourly rate corresponding to 150% of the monthly salary.
1. The Conciliation Commission for Gender Equality in the Workplace may be requested to issue an opinion on a complaint against a first-instance decision concerning a public-law employment relationship, which involves discrimination alleged by the complaining party as defined by the Federal Act of March 24, 1995, on Gender Equality.
1. Employees who were appointed as civil servants before January 1, 2003, are officially recognized as public service employees from this date onwards.
2. The initiation of a procedure to dissolve the service relationship before the new Public Service Law (StPG) comes into force remains reserved, in accordance with Articles 8g paragraph 2, 26, 55, 56, 58b, or 58d of the old StPG; in such a case, even after the new StPG comes into force, the procedure shall be conducted in accordance with the provisions of the old StPG.
3. Anyone who has been reprimanded under Articles 8f paragraph 4 or 57 paragraph 2 of the old StPG shall not be officially recognized as a public service employee. In such cases, recognition is granted at the earliest after the expiration of the period set by the reprimand. If it is determined upon personnel evaluation at this time that the identified deficiencies persist, the service relationship shall be terminated with a notice period of three months.
1. Employees who have been in public service for one year or longer shall be officially recognized as public service employees as of January 1, 2003, provided they have previously undergone a performance evaluation which has determined that they meet the job requirements.
2. If the result of the evaluation is insufficient, the official recognition shall be postponed to a date set by the appointing authority, with a prior reassessment. During this period, the employment relationship can be terminated by either party with three months' notice to the end of a month.
3. The initiation of proceedings for the dissolution of the employment relationship pursuant to Article 60 of the old Public Service Act (StPG) prior to the entry into force of the new Public Service Act (StPG) remains reserved; in this case, the procedure shall be governed by the provisions of the old StPG even after the entry into force of the new StPG.
1. Employees who have been in public service for less than one year are considered to be in the probationary period from January 1, 2003, as defined by Article 31 of the new StPG.
2. If an employee is in the probationary period on December 31, 2002, a notice period of one month applies from January 1, 2003. If the employee is no longer in the probationary period under the old StPG as of December 31, 2002, a notice period of three months applies from January 1, 2003.
3. After completing one year of service since entering public service, but not before July 1, 2003, the employee will be officially recognized as a public service employee according to the conditions of Article 32 of the new StPG.
1. Employees who have been in state service for one year or longer will be officially recognized as public service employees as of January 1, 2003, provided they have previously undergone a personnel evaluation indicating that they meet the position's requirements.
2. If the result of the evaluation is inadequate, the official recognition will be postponed to a date set by the employing authority, with a prior re-evaluation. During this period, the employment relationship may be terminated by either party with a three-month notice period at the end of a month.
3. The initiation of proceedings to dissolve the employment relationship in accordance with Article 49 et seq. of HPR before the implementation of the new StPG is reserved; in this case, the procedure will follow the rules of the HPR, even after the implementation of the new StPG.
1. Employees who have been in public service for less than one year shall be in the probation period as of January 1, 2003, according to Article 31 of the new State Personnel Act (StPG). However, as of January 1, 2003, a notice period of one month shall apply in any case.
2. Upon completion of one year of service since entering public service, but no earlier than July 1, 2003, the employee shall be officially recognized as a civil service employee under the conditions set out in Article 32 of the new State Personnel Act (StPG).
1. Employees subject to the old StPG or the HPR, who are employed under a fixed-term contract for less than two years since the new StPG came into effect, as well as employees paid on an hourly basis, will not be officially recognized as public service employees as of January 1, 2003. The notice periods and the termination of the employment relationship provided in the employment order or contract valid before the new StPG came into effect shall remain in force.
2. The contract extension is governed by the provisions of the new StPG, particularly Articles 30 and 36.
1. Articles 143 and 144, as well as Articles 145, 146, and 147, apply to personnel employed at less than 50% capacity or under a fixed-term contract, and also to personnel in a special service relationship, such as assistants at the university or assistant doctors. Apart from that, special provisions remain reserved.
1. The years of service completed by the personnel employed under the old StPG before January 1, 2003, shall be calculated according to the old StPG. Paragraph 3 remains reserved.
2. For the calculation of the years of service of personnel not employed under the old StPG, all years of service completed since January 1, 1994, without interruption exceeding two months, shall be taken into account.
3. If an employee subject to the old StPG has completed fewer than nine recognized years of service as of December 31, 2002, the years of service completed since January 1, 1994, without interruption exceeding two months in another employment relationship shall be added to the already recognized years of service. However, they do not establish an entitlement to the loyalty bonus.
1. The Position Guarantee as per Article 33 corresponds to the employment level specified in the appointment certificate.
2. Personnel not appointed or not subject to the old StPG are not granted a position guarantee. However, in the event of a future abolition of a position, the appointing authority will investigate whether the employee could have benefited from the position guarantee if they had been employed after January 1, 2003. If applicable, Articles 33 and 34 shall apply.
3. Part-time teaching staff are under no circumstances entitled to retain their teaching hours beyond the current school year. Article 33, paragraph 1, letters d and e are applicable.
1. Employees insured under the BVG pension plan whose employment is not limited to a date prior to January 1, 2004, and who have not resigned before January 1, 2003, shall be transferred to the pension plan on January 1, 2003.
2. Employees must undergo medical examinations in accordance with Articles 25ff.
3. Employees who are required to buy into the pension fund pursuant to Article 42 of the Law on the Pension Fund for State Personnel may remain in the BVG pension plan. The pension fund shall inform the employee of the amount of the mandatory buy-in sum and shall set a grace period for the employee.
1. On January 1, 2004, the transition from the old salary scale to the new general salary scale shall occur based on the following principles
a) If the previous salary was set in the functional class, the new salary shall be set in the new general salary scale in the corresponding class (identical class number), at the next higher salary step closest to the previous salary.
b) If the previous salary was set in the initial class or selection class, the new salary shall be set in the new general salary scale in the class corresponding to the previous functional class, at the next higher salary step closest to the previous salary.
c) If the previous salary was set below the class assigned to the function, the new salary shall be set in the new general salary scale in the corresponding class, at the next higher salary step closest to the previous salary.
2. The granting of the annual salary increase in accordance with Articles 103-106 StPR shall occur after the transition as per paragraph 1.
1. On January 1, 2004, the transition from the previous remuneration outside the class to the new special salary scale shall occur according to the following principles
a) If the previous salary was set in the ordinary class prescribed for the function, the new salary will be set on the new general salary scale in the corresponding class, specifically at the next highest salary level closest to the previous salary.
b) If the previous salary was set in the class designated for the initial salary, the new salary will be set on the new general salary scale in the ordinary class prescribed for the function, specifically at the next highest salary level closest to the previous salary.
2. If the employment contract provides for a right to an annual salary increase, such an increase will be granted after the transition according to paragraph 1 pursuant to Articles 103-106 of this regulation.
1. For employees who, according to the Law of February 26, 1987, on the Salaries of State Personnel, would have been entitled to transition to the functional class or selection class as of January 1, 2004, such transition shall occur on December 31, 2003, in accordance with the rules applicable at that time.
2. Individuals who, pursuant to the Law of February 26, 1987, on the Salaries of State Personnel, would have been entitled to transition to the functional class as of July 1 or September 1, 2004, shall be granted an additional salary level as of January 1, 2004.
3. The transition to the new salary classes shall occur in accordance with Articles 152 and 153.
1. The amount of the loyalty bonus owed to an employee as of December 31, 2003, shall be frozen at this level.
2. This amount shall be paid out each year in December, depending on the average annual employment level.
3. As long as the salary is increased each year pursuant to Article 93 of these regulations, the amount of the loyalty bonus shall be reduced by half of the increase amount. The reduction shall be calculated in proportion to the employee's employment level.
1. In the years 2026, 2027, and 2028, the amounts of compensation according to Article 132 paragraphs 1-3 shall remain unchanged. During this period, no increase shall be granted.
1. The Regulation of July 10, 1985, for State Personnel (old StPR; SGF 122.70.11) is repealed, subject to the following provisions: Articles 135-144 shall remain in effect until the enactment of the ordinances concerning further education and the introduction of a system to promote inventions and suggestions from personnel.[1]
2. Also repealed are
a) the Regulation of April 23, 1991, concerning the employment relationship of auxiliary and temporarily employed personnel (SGF 122.70.42);
b) the Resolution of April 23, 1991, regarding the authority for the employment of personnel not subject to the law on the employment relationship of state personnel (SGF 122.70.41);
c) the Resolution of November 17, 1981, concerning privately employed cleaning personnel (SGF 122.70.53).
1. This regulation shall enter into force on January 1, 2003, with the exception of Articles 36 and 76-157, which shall enter into force on January 1, 2004.