Ordinance on the Training of State Personnel (ODF) - Purpose (AWBV)

1. This regulation governs the organization and financing of the training and further education required for competence development.

2. It also determines the rights and obligations of employees regarding training and further education and establishes the applicable principles.

1. This regulation applies to all staff of the State of Fribourg who are subject to the State Personnel Act (StPG); specific legal provisions for certain categories of personnel are reserved. These specific provisions must not be more restrictive for the personnel than this regulation. They are submitted to the Council of State for approval upon the recommendation of the Office for Personnel and Organization.

2. This regulation applies regardless of the employment level, to employees with a permanent contract or with a fixed-term contract of one year or more. It does not apply to employees with a fixed-term contract of less than one year, except in exceptional cases related to a requirement of the administrative unit.

1. The Employer State (the Employer) supports its personnel to maintain and develop the competencies required for the smooth operation of the State, and provides the necessary resources for this purpose.

1. Training and Continuing Education as per this Regulation encompass all activities conducive to

a) the acquisition and development of the competencies necessary for fulfilling the requirements of the job description;

b) the development and updating of competencies to ensure the professional mobility of employees according to the needs of the employer.

2. Training and continuing education include all formal and informal education that leads to the development or acquisition of a competency.

1. Employees are responsible for regularly updating and further developing their skills, necessary for fulfilling their job descriptions and their professional mobility.

2. They submit their needs and concerns regarding skill development to their direct supervisor.

1. The direct supervisors determine the training and development needs of their employees during the target agreement, development, and evaluation meeting (ZEB), based on the needs identified by the administrative unit.

1. The officials of the administrative units analyze the needs of the administrative units and identify the competencies to be developed.

2. In this context, they support the training and further education applications of their employees.

3. They ensure that the training and further education costs are accounted for in accordance with the applicable provisions.

4. Based on indicators established by the Office for Personnel and Organization, they provide this office with data regarding the training and further education attended by their employees.

1. The personnel departments as defined in Article 6 of the Regulation of December 17, 2002, concerning state personnel, or, if these are not present, the persons responsible for personnel management within the directorates and institutions support and advise the administrative units within their competence and ensure the proper implementation of this ordinance.

2. They are responsible for providing opinions on the employer's assumption of costs for education and training.

1. The employing authorities periodically determine the general training and continuing education needs of the employees; in doing so, they consider the directives of the State Council's concepts, the mandate, the results achieved, and the development of the performance catalog of their administrative units.

2. They are responsible for supporting the training or continuing education applications of the heads of the administrative units.

3. They are responsible for signing any training and continuing education agreements based on the opinion of the personnel department.

1. The Office of Personnel and Organization (POA) supports administrative units in determining training and further education objectives and advises them on all training-related matters.

2. It offers training and further education for cross-functional competence development and ensures the planning, coordination, organization, implementation, and follow-up of these programs.

3. It trains HR professionals who decide on the cost coverage of training and further education, specifically the personnel departments, and provides practice guides.

4. It conducts general monitoring of competence development and compiles statistics on state-funded training and further education based on the information provided by the responsible administrative units.

5. It ensures equal treatment and is responsible for commenting on certain types of training and further education in this context (Art. 24).

1. The internal offering includes all training and further education organized by the employer.

2. The POA provides a training and further education program for the employees of the State. The training and further education needs of the administrative units and the personnel are taken into account.

3. To ensure the specific skill development of its personnel and organization, an administrative unit may offer specific internal training and further education programs.

1. The external offerings include all training and continuing education organized by private companies and public institutions (excluding employers).

1. Compulsory is any training and further education expressly required by the employer for employees who have already commenced their positions.

1. Required for Professional Practice is any education and training that is mandatory for the practice of the profession according to relevant legislation or recognized professional associations. The employee does not possess the necessary education or training before commencing the position.

1. Of mutual interest is any training and further education that is beneficial both for the employee and for the employer.

1. In the Exclusive Interest of the Employee, any training or further education that solely serves the interests of the employee is considered to be in the exclusive interest of the employee.

1. Each administrative unit shall ensure that its employees possess the oral and written knowledge of the partner language necessary for the performance of their duties.

2. The maintenance of existing language skills or the acquisition of the required language skills shall be considered as training and further education in the partner language.

3. The partner languages are German and French.

4. The modalities of this regulation apply to training and further education in the partner language.

5. The special support for partner languages is the subject of a concept by the State Council.

1. The POA has a specific budget for the implementation of various measures for skills development, namely for the internal, cross-departmental training and further education offerings.

2. The administrative units have their own budget for their specific internal or external training and further education.

1. The following shall be considered as training and further education costs

a) Wage costs corresponding to the time spent on training and further education, i.e., the total number of hours spent on courses, seminars, or workshops as well as examinations;

b) Direct training and further education costs, i.e., expenses for registration, courses or fees, as well as expenses for materials and teaching aids;

c) Indirect training and further education costs, i.e., travel and meal expenses.

2. The calculation of travel and meal expenses is regulated by the guidelines on business trips.

1. In addition to the required training and further education, an employee, regardless of employment degree, is entitled to three days of educational leave per year (25.2 hours) for attending internal or external training or further education (according to the conditions in Art. 4).

2. In addition to the leave under paragraph 1, an employee is entitled to two days of educational leave per year (16.8 hours) for a language course in the partner language.

3. The leave under paragraphs 1 and 2 can, if applicable, be integrated into the training and further education agreement and does not have to be paid back.

4. The entitlement to educational leave can be accumulated over a maximum of three years.

5. For internal or external training and further education, the course or exam days covered by the employer are recorded in the time recording system in accordance with the provisions of the regulations on working hours for state personnel.

6. Within the framework of the internal training offer provided by the POA (Art. 11 Para. 2), 8 hours and 24 minutes are credited for participation in a full training day, and 4 hours and 12 minutes for a half-day. For all other training or further education, the hours are billed effectively.

1. The POA assumes the direct costs of the internal training and development programs aimed at cross-departmental skill enhancement.

2. The administrative units cover the remaining training and development costs.

3. The calculation of travel and meal expenses is governed by the policies on business travel.

1. The costs for mandatory training (Art. 13) and for training and professional development necessary for the practice of the profession (Art. 14) shall be fully covered by the respective administrative unit.

2. The costs for training and professional development of mutual interest (Art. 15) shall be covered by the respective administrative unit at 25, 50, 75, or 100 percent.

3. The costs for training and professional development solely in the interest of the employee shall be fully borne by the employee. The employer does not cover any training, development, or travel expenses; the days spent on training and development are not considered working hours.

4. The employer bears no costs arising from the repetition of any training or professional development. This applies to both the wage costs and the direct and indirect training and development costs.

5. If examinations must be retaken, the employing authority shall decide on the full or partial coverage of these costs.

1. Preparatory Courses for Federal Professional Examinations (Federal Certificate) or Federal Advanced Professional Examinations (Advanced Professional Examination, Master Examination) may lead to a federal contribution amounting to 50% of eligible course costs. The state shall only cover the remaining costs in accordance with this regulation.

1. For the assumption of costs for education and further training exceeding 5000 francs, the opinion of the relevant personnel department is required.

2. For the assumption of costs for education and further training pursuant to Article 27 Paragraph 2, the opinion of the POA is required. The POA may delegate its authority for future opinions concerning the same education or further training and the same profession to the relevant personnel department.

3. For mandatory (Art. 13) and profession-required (Art. 14) education and further training, the POA provides an opinion on the type of identified education and further training. Based on the general opinion of the POA, the personnel departments provide opinions on the individual education and further training applications.

1. Employer-mandated training and education are not subject to repayment.

2. The actual costs incurred by the employer for other types of training and education must be reimbursed according to the conditions in this section.

1. The repayment period includes the time frame during which the employee is obligated, under the training and professional development agreement, to continue working for the state after completing the training or professional development.

2. The completion of the training or professional development corresponds to the completion date of the qualification process (examination or written work) or, if no qualification process is provided for, the last day of training or professional development.

1. The repayment period is determined based on the following scale, supported by the total costs assumed by the employer

Total costs of employer-assumed training and further education (pursuant to Art. 19): up to 5,000 Francs

Repayment period: none

Total costs of employer-assumed training and further education (pursuant to Art. 19): from 5,001 to 10,000 Francs

Repayment period: 12 months

Total costs of employer-assumed training and further education (pursuant to Art. 19): from 10,001 to 15,000 Francs

Repayment period: 24 months

Total costs of employer-assumed training and further education (pursuant to Art. 19): 15,001 Francs and above

Repayment period: 36 months

2. Upon a justified request by the administrative unit to the appointing authority and after a positive opinion from the POA, the repayment period for training and further education can be set to a maximum of 60 months.

3. The duration of the repayment period is recalculated after the completion of the training or further education and adjusted to the actual costs if necessary.

1. In the event of termination, dismissal for important reasons, or the end of a fixed-term contract before the start of the repayment period, all training and education costs covered by the employer must be reimbursed.

2. In the event of termination, dismissal for important reasons, or the end of a fixed-term contract before the end of the repayment period, the training and education costs covered by the employer must be reimbursed on a pro-rata basis.

1. If an employee discontinues a training or further education program without valid reason, fails to attend the examinations, or does not pass the examination due to serious misconduct (such as fraud or plagiarism), then the full costs of training or further education covered by the employer must be repaid.

2. In the event of definitively failing the examination without serious misconduct, the repayment of the training or further education costs covered by the employer will not be demanded, and the repayment period applies.

1. The amount to be proportionally repaid according to Article 28, paragraph 2, shall be calculated based on the total actual costs assumed by the employer, divided by the entire repayment period (in days), and multiplied by the remaining repayment period.

1. The appointing authority shall determine the amount to be repaid in accordance with the terms of the training and further education agreement.

1. Conclusion of the Agreement: On the recommendation of the POA, in exceptional circumstances and particularly in cases of education and training required for the practice of the profession, the appointing authority may decide on a maximum repayable amount.

2. The appointing authority may, exceptionally, for important reasons and on the recommendation of the personnel department, waive the repayment stipulated in the agreement, either partially or entirely. Important reasons are considered to include, notably, a severe accident or a prolonged serious illness of the employee.

**1. For any education and training for which the costs assumed by the employer exceed 5,000 Swiss Francs, an education and training agreement shall be signed between the employee and the employment authority prior to the commencement of the education or training.**

2. The agreement shall specifically include the type and amount of assumed costs, the repayment period, and the repayment obligations.

3. Employer-prescribed education and training do not lead to the conclusion of an agreement.

4. The agreement shall be concluded prior to the commencement of the education or training; for education and training necessary for professional practice, the conclusion of the agreement shall take place at the time of employment.

5. Each agreement shall be recorded in the personnel file of the employee at the employment authority.

6. In justified cases, it is possible to conclude multiple agreements where repayment periods overlap.

1. If an employee with a training or further education agreement transfers to a different administrative unit, the current administrative unit shall inform the new administrative unit about the agreement.

2. Once the training or further education is completed, the agreement shall be transferred to the new administrative unit, which will assume it in its entirety.

3. If the training or further education is not completed, the two administrative units shall agree on the assumption of costs. The agreement shall be transferred to the new administrative unit.

1. Upon a new hiring, the employer may, regardless of whether the education or training has been completed or not, cover all or part of the costs of an education or training agreement that was concluded between the employee and their previous employer.

2. When assuming an external agreement, the administrative unit shall create a new agreement with the employee in accordance with the conditions of this regulation and sign it.

1. Training and Further Education Agreements concluded before the commencement of this Regulation, and whose training and further education commenced before the commencement of this Regulation, shall remain valid, with the exception of repayment periods for which this Regulation serves as a new basis.

2. For Training and Further Education Agreements concluded before the commencement of this Regulation and whose training or further education begins after the commencement of this Regulation, the latter shall apply.