Regulations on Working Hours of State Personnel - Purpose (POA)

1. This regulation determines the working time models for state personnel and sets their limits.

1. This regulation applies to all personnel subject to the StPG, except for teaching staff.

1. The following are considered as working hours

a) the hours worked within the framework of working time as per Articles 7-10;

b) overtime hours recognized as such;

c) the duration of one or two breaks totaling no more than 20 minutes per regular workday;

d) the working and driving time during business trips;

e) the duration of authorized absences as provided in the StPR;

f) the duration of holidays;

g) the duration of paid leave;

h) the duration of training according to special provisions.

2. The Office for Personnel and Organization (POA) issues guidelines on how to account for the elements in paragraph 1.

1. Time tracking is carried out using appropriate tools provided by the employing authorities.

2. At the end of each month, the administrative units submit the absences of their employees to the POA in a file compatible with the central software. The guidelines of the POA specify exactly what this file must contain and how it is to be transmitted.

1. When the daily working time exceeds 7 hours, work must be interrupted by an unpaid break of at least 30 minutes.

1. The individual working hours are standard in the cantonal administration; Articles 8 and 9 remain reserved.

2. The individual working hours should allow employees to freely allocate their working time within the framework time as per Article 17, provided that this does not impair the service operations, which remain decisive.

1. If the individual working hours cannot be fully applied due to official needs, they shall be correspondingly restricted.

2. Permanent restrictions that require night work or work on a non-working day shall be established in principle in a specific regulation approved by the Council of State or the employing authority, or documented in the standard duty roster or in the individual duty roster.

1. If the service needs so require (shift work, continuous operation), the working hours shall be fully prescribed for the employee.

2. The prescribed working hours are established in principle in a specific regulation approved by the Council of State or the appointing authority, or noted in the standard duty roster or the individual duty roster.

1. The working hours of part-time employed personnel are generally specified in the job description. They may be based on an average annual employment rate. The wishes of the affected personnel are taken into account, provided they are compatible with the operational requirements and the principle of equal treatment. Articles 7-9 shall apply in all other respects.

1. To the extent necessary, the POA issues guidelines for the application of these regulations.

2. The personnel offices provide the administrative units with information regarding questions on the application of these regulations. They may seek assistance from the POA.

3. The POA exercises the other powers conferred upon it by these regulations.

1. The heads of department ensure the compliance with this regulation within their administrative unit. To this end, they may conduct inspections at any time with all employees within their administrative unit. This task may also be delegated to a person designated by the head of department.

2. The heads of department determine the permanent restrictions in accordance with Article 8, paragraph 1.

1. Direct supervisors regularly monitor

a) the recording and compliance with the monthly working hours by their employees;

b) the correct consideration of the elements according to Article 3 in the working hours.

2. They are responsible for the temporary restrictions on individual working hours.

3. They exercise the other powers assigned to them under this regulation.

1. The normal working hours are

a) per day: one fifth of the weekly working hours according to StPR;

b) per half-day: half of the working hours as specified in item a;

c) on the day before a public holiday: three quarters of the working hours specified in item a.

2. The maximum daily working time is 12 hours. In the case of extraordinary events, with the consent of the direct supervisor, the daily working time may be exceptionally increased.

1. The monthly target working hours are determined by the Office for Personnel and Organization based on the number of working days in the relevant month for a full-time position; they are communicated to the respective departments accordingly.

1. The daily framework time begins no earlier than 6 a.m. and ends no later than 8 p.m. from Monday to Friday.

2. Upon request, the immediate supervisor may approve work performed outside the framework time according to paragraph 1, provided it does not impair the service operation.

3. To simplify work organization, employees are required to record their absences in their electronic calendar.

4. The regulations concerning the opening hours of the cantonal administration remain reserved.

1. At the end of each month, the difference between the actual monthly working hours and the required monthly working hours shall be carried over to the required working hours of the following month, within the boundaries of Articles 20 and 21.

2. Based on a written agreement between the head of service and the employee, the permissible balance according to Articles 20 and 21 may be increased if special flexibility is needed for the smooth operation of services or due to individual requests for balancing work and personal life.

1. If the difference between the actual monthly working hours and the required monthly working hours results in a positive balance, this balance shall be deducted from the required working hours of the following month, but only up to a maximum of 40 hours for full-time employment and a proportionate number of hours for part-time employment.

2. If the employee wishes to compensate the positive balance by taking leave on a full-day or half-day basis, they must propose the desired dates to their direct supervisor at an early stage. The direct supervisor shall decide while taking into account the operational needs; Article 22 paragraph 3 remains reserved.

3. ...

4. If a positive balance cannot be compensated before the termination of the employment relationship, it shall be paid out as overtime.

1. If the difference between the actual monthly working hours and the monthly required working hours results in a negative balance, this balance shall be added to the required working hours of the following month.

2. If the negative balance exceeds 20 hours for full-time employment or exceeds the proportionate number of hours for part-time employment, the excess hours must be made up in the following month. Otherwise, they will be considered as unpaid absences. Articles 38ff. of the StPG and Articles 29ff. of the StPR shall remain reserved.

3. Upon termination of employment, the negative balance must be compensated before the effective end of the employment relationship; otherwise, a deduction will be made from the final salary.

1. Overtime is considered to be the hours worked in excess of the maximum positive balance pursuant to Article 20, as ordered or with the consent of the supervisor.

2. The immediate supervisor may prescribe when the employee must compensate for the overtime.

3. Compensation for overtime takes precedence over compensation for the positive balance pursuant to Article 20.

4. The maximum of 120 overtime hours, which employees may be required to work pursuant to Article 50 StPR, already includes the maximum positive balance under Article 20.

1. The Regulation of January 7, 1986, on the Working Hours of State Personnel (SGF 122.70.12) is repealed.

1. This regulation comes into effect on July 1, 2009, except for Articles 23-31, which come into effect on January 1, 2010.