Regulations on the Evaluation and Classification Procedure for State Personnel Functions (RECF) - Creation of a Permanent Commission (BEFR)

1. A permanent advisory commission for the evaluation and classification of functions is established (hereinafter referred to as: Commission).

2. The Commission is administratively affiliated with the Finance Directorate.

1. The commission is composed of nine members, namely the head of the Office for Personnel and Organization as president, four staff representatives, and four additional persons appointed by the State Council.

2. The four staff representatives, at least three of whom must be civil servants, are selected by mutual agreement between the recognized social partners. If no agreement is reached, the State Council decides on the recommendation of its delegation for personnel affairs.

3. Of the four persons appointed by the State Council, at least two must be civil servants.

4. The Office for Personnel and Organization acts as the secretariat of the commission.

1. The Commission examines the various existing evaluation systems; it makes a preliminary selection and prepares a report with its proposals.

2. The report is delivered to the delegation of the Council of State for Personnel Matters (hereinafter: Delegation).

3. The Delegation reviews the Commission's report and submits it with its opinion to the Council of State. The Council approves a general evaluation system in the form of a resolution.

1. The commission oversees the adopted system for functional evaluation and periodically requests adjustments from the State Council in accordance with developments in the working world.

1. The commission shall be instructed by the delegation or the Council of State to evaluate the functions and classify them into the salary scale established in Article 4 of the Act of February 26, 1987, on the Salaries of State Personnel.

2. The mandate shall be delivered in writing and must be sufficiently defined. The commission may propose to the Council of State the issuance of regulations regarding the form and content of the mandate.

3. The delegation or the Council of State may instruct the commission, through the relevant directorate, to advise non-profit institutions, whose salary costs are subsidized by the state, on matters of function evaluation and classification.

1. Applications from employees or associations regarding the evaluation and classification of functions are to be submitted in writing to the relevant departments. They must be adequately justified.

2. The relevant department forwards the application along with its opinion to the delegation and the commission. The commission reviews the application in advance and makes proposals for further action. In doing so, it may meet with the applicants or a delegation of them.

3. The delegation may either forward the application with its opinion to the commission in the form of an assignment or submit it with its opinion to the State Council. In the latter case, the State Council decides whether to forward the application to the commission in the form of an assignment or to reject the application.

1. The Commission evaluates the relevant functions based on the mandate according to the adopted assessment system.

2. It may approach individuals who perform or are particularly familiar with the functions to be evaluated and establish an accompanying group with experts by professional categories.

3. It defines, in close cooperation with the hiring authority, the selection of function holders who participate in the evaluation. The selected individuals must participate in the assessment of their functions.

4. It ensures, in close collaboration with the departments or offices where an evaluation is to be conducted, that the necessary internal information and training is provided.

5. It addresses the report to the delegation. If at least two members of the Commission hold a different opinion from the majority, this opinion will also be submitted as a minority report.

6. The report contains the assessment result in both unweighted and weighted points in the individual areas and concludes with a classification proposal.

1. The State Council decides, based on the commission's report and the delegation's statement, whether to maintain or change the classification of the relevant functions, or to classify them for the first time. If necessary, it amends the regulation concerning the classification of state personnel functions.

2. The commission prepares a summary of the evaluation results, indicating the points achieved in each area of the respective functions, along with a brief description of the requirements and burdens in the intellectual, psychosocial, and physical domains, as well as in the area of responsibility.

**1. Employees or, where applicable, professional associations (the applicants) who wish to challenge the classification of their function or the function of their members must apply to the State Council for a formal decision on whether the regulation on the classification of functions applies to them.**

**2. Before reaching a decision, the State Council submits the application to the commission. It instructs the commission to organize the review of the dossier at its headquarters and to provide the applicants with further information if required.**

**3. After reviewing the dossier, the applicants may submit their comments in writing to the State Council within thirty days. Within the same period, they may also withdraw their application.**

**4. If the application is maintained, the State Council shall render a decision with appropriate justification.**

1. A decision made in accordance with Article 8 can be appealed to the Cantonal Court with a complaint, in accordance with personnel legislation.

1. In the years 2026, 2027, and 2028, the processing of applications for a formal decision shall be suspended. The suspension applies to applications pending at the time this provision comes into force as well as to applications newly submitted during this period.

1. This regulation shall enter into force on January 1, 1992.

2. It is to be published in the Official Gazette, included in the Official Compilation of Laws, and issued as a special print.