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122.72.26 CH-FR

Ordinance on the maintenance of acquired salary status in the event of a reduction in the classification of a post - Determination of the New Salary

6 Articles / Provisions · Switzerland · Canton of Fribourg
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Table of Provisions (6)

Art. 1 Ordinance on the Maintenance of Salary Rights in the Event of a Lower Classification of a Function Art. 2 Ordinance on the Preservation of Wage Entitlements in the Case of Lower Classification of a Function Art. 3 Ordinance on the Preservation of Salary Entitlement in the Event of a Lower Classification of a Function Art. 4 Ordinance on the Preservation of Wage Entitlements upon Lower Classification of a Function Art. 5 Ordinance on the Preservation of Wage Entitlement in the Event of a Lower Classification of a Position Art. 6 Ordinance on the Preservation of Wage Entitlements in the Event of Lower Classification of a Function - Entry into Force

Statutory Text (6 Articles)

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Art. 1 Ordinance on the maintenance of acquired salary status in the event of a reduction in the classification of a post - Determination of the New Salary Open official source

1. If a position is classified into a lower salary grade, the salary of the position holder shall be set at the salary level in the new grade that is closest to their previous salary while being higher.

2. If the previous salary exceeds the maximum salary of the new salary grade, the salary of the position holder shall be set at the highest salary level of the new grade, and a compensation for vested rights shall be granted to them.

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Art. 2 Ordinance on the maintenance of acquired salary status in the event of a reduction in the classification of a post - Amount of Entitlement Compensation Open official source

1. The amount of the compensation for preservation of vested rights corresponds to the difference between the previous annual salary, increased by the 13th month's salary, and the new salary, increased by the 13th month's salary, at the time the reclassification takes effect.

2. The compensation is paid monthly and corresponds to one twelfth of the amount calculated according to paragraph 1.

3. The compensation is not adjusted for inflation.

4. It is insured with the State Personnel Pension Fund.

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Art. 3 Ordinance on the maintenance of acquired salary status in the event of a reduction in the classification of a post - Duration of the Salary Entitlement Compensation Open official source

1. The vested rights compensation shall be granted for a duration of at least five years from the effective date of the reclassification.

2. After five years, the vested rights compensation shall only continue to be paid up to an amount of 5% of the basic salary, increased by the 13th month's salary.

3. If the recipient of the compensation is 55 years old or older after the expiry of these five years, the entire compensation shall continue to be paid until the termination of the employment relationship.

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Art. 4 Ordinance on the maintenance of acquired salary status in the event of a reduction in the classification of a post - Supplementary Provisions Open official source

1. Upon promotion or change of position, the vested interests compensation shall be revoked. This compensation will not be considered when determining the new salary according to Articles 107-109 of the Regulations of October 17, 2002, concerning the State Personnel (StPR). However, if the new salary upon promotion does not reach the previous salary plus the vested interests compensation, the compensation will continue to be paid up to the difference amount.

2. In the event of reemployment in the same function after more than a year of interruption or after unpaid leave of more than a year, the vested interests compensation shall be revoked.

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Art. 5 Ordinance on the maintenance of acquired salary status in the event of a reduction in the classification of a post - Transitional Law Open official source

1. Articles 1-4 also apply to vested rights compensations that were granted following the assessment of certain functions prior to the entry into force of this regulation. However, these compensations shall continue to be adjusted for inflation until the end of five years.

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Art. 6 Ordinance on the maintenance of acquired salary status in the event of a reduction in the classification of a post - Entry into Force Open official source

1. This regulation shall enter into force on 1 May 2007.

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