Legislator Case Law & Legislation
1.7-1 PVPVOPersonalverordnung CH-GL

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78 Articles / Provisions · Switzerland · Canton of Glarus
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Table of Provisions (78)

Art. 1 Personnel Ordinance Art. 2 Personnel Ordinance Art. 3 Personnel Ordinance Art. 4 Personnel Ordinance Art. 5 Personnel Ordinance Art. 6 Personnel Ordinance Art. 7 Human Resources Ordinance Art. 8 Personnel Ordinance Art. 9 Personnel Ordinance Art. 10 Personnel Ordinance Art. 11 Personnel Ordinance Art. 12 Personnel Ordinance Art. 13 Personnel Ordinance Art. 14 Personnel Ordinance Art. 15 Personnel Ordinance Art. 16 Personnel Ordinance Art. 17 Personnel Ordinance - Termination in Connection with Performance or Conduct Art. 18 Personnel Ordinance Art. 19 Personnel Ordinance Art. 20 Personnel Ordinance Art. 21 Personnel Ordinance Art. 22 Personnel Ordinance Art. 23 Personnel Ordinance Art. 24 Personnel Ordinance Art. 25 Personnel Ordinance Art. 26 Personnel Ordinance Art. 27 Human Resources Ordinance Art. 28 Staff Ordinance Art. 29 Personnel Ordinance Art. 30 Personnel Ordinance Art. 31 Personnel Ordinance Art. 32 Personnel Ordinance Art. 33 Personnel Ordinance Art. 34 Personnel Ordinance Art. 35 Personnel Ordinance Art. 36 Personnel Ordinance Art. 37 Personnel Ordinance Art. 38 Personnel Ordinance Art. 39 Personnel Ordinance Art. 40 Personnel Ordinance Art. 41 Personnel Ordinance Art. 42 Personnel Ordinance Art. 43 Staff Ordinance Art. 44 Staff Ordinance Art. 45 Personnel Ordinance Art. 46 Staff Ordinance Art. 47 Personnel Ordinance Art. 48 Personnel Ordinance Art. 49 Personnel Ordinance Art. 50 Personnel Ordinance Art. 51 Personnel Ordinance Art. 52 Personnel Ordinance Art. 53 Personnel Ordinance Art. 54 Staff Ordinance Art. 55 Personnel Ordinance Art. 56 Personnel Ordinance Art. 57 Personnel Ordinance Art. 58 Personnel Ordinance Art. 59 Personnel Ordinance Art. 60 Personnel Ordinance Art. 61 Personnel Ordinance Art. 62 Personnel Ordinance Art. 63 Ordinance on Personnel Art. 64 Staff Ordinance Art. 65 Personnel Ordinance Art. 66 Human Resources Ordinance Art. 67 Staff Ordinance Art. 68 Ordinance on Personnel Art. 69 Personnel Ordinance Art. 70 Personnel Ordinance Art. 71 Personnel Ordinance Art. 72 Staff Ordinance Art. 73 Personnel Ordinance Art. 74 Personnel Ordinance Art. 75 Personnel Ordinance Art. 76 Staff Ordinance Art. 77 Personnel Ordinance Art. 78 Personnel Ordinance

Statutory Text (78 Articles)

Allgemeine Bestimmungen

1. This Ordinance governs the employment relationship of the employees of the municipal administration (administrative staff).

2. It applies to the teachers of the municipality insofar as their employment relationship is not exhaustively regulated by cantonal legislation.

Allgemeine Bestimmungen

1. The Human Resources Policy of the Municipal Council

a) is guided by the principles of action (mission statement), the legislative objectives, the needs of the employees and customers, as well as the financial possibilities of the municipality;

b) serves to establish a social partnership relationship with the employees;

c) promotes the employees according to their tasks, aptitudes, and abilities through targeted and needs-oriented education and training;

d) supports the provision of apprenticeships to an appropriate extent;

e) ensures contemporary working conditions that allow personnel to fulfill their responsibilities in family and society;

f) promotes environmentally conscious behavior in the workplace;

g) ensures that the health and safety of employees in the workplace are guaranteed;

h) realizes equal opportunities;

i) promotes inclusion and integration through suitable workplaces.

Allgemeine Bestimmungen

1. As an employer, the municipality respects the personality of its employees and takes the necessary measures to protect life, health, and personal integrity in the workplace.

2. It ensures gender equality in professional life and bases its approach on the Federal Gender Equality Act.

Allgemeine Bestimmungen

1. Reintegration after Illness or Accident

In the event of an employee's inability to work due to illness or accident, the municipality promotes their reintegration into the work process.

**2. Obligation to Cooperate**

The employee may be obliged to cooperate as part of their reintegration. An unfounded refusal to cooperate may be taken into account when determining the continuation of salary payments.

**3. Creation of Sheltered Workplaces**

For the reintegration of employees unable to work or for the employment and integration of people with disabilities, the Municipal Council may create sheltered workplaces.

Zuständigkeiten

1. Appointment authorities are

a) for the municipal clerk and their deputy, and for other top-level management employees (heads of departments, divisions, and school management) of the municipality, the municipal council;

b) for other employees, the municipal president;

c) for teaching staff, the school commission.

2. Unless expressly provided otherwise, the appointment authority is also responsible for all other personnel law decisions to be made in connection with the respective employment.

Zuständigkeiten

1. The Municipal Council designates the department of the municipal administration responsible for human resources (hereinafter "Human Resources Department").

2. The Human Resources Department is the point of contact for all personnel matters. It cooperates with the administrative units and

a) ensures the uniform application and further development of human resources law;

b) guarantees efficient human resources processes;

c) conducts controlling;

d) is responsible for vocational training;

e) supports the administrative units through consulting and other services such as the preparation of contracts and personnel law decisions.

3. The Municipal Council regulates the tasks and responsibilities of the Human Resources Department.

Zuständigkeiten

1. For the confidential reporting of conflicts and abuses in the workplace, the Municipal Council designates an independent external administrative contact and reporting point. It can also be engaged for mediation and advice in difficulties related to employment relationships.

2. It regulates its organization, tasks, and powers, as well as reporting, and defines the reporting procedure.

3. Whoever makes a report in good faith may not be disadvantaged in their employment law position as a result.

Employment Relationship - Type and Duration of Employment

1. Employees are generally in a public-law employment relationship.

2. Private-law employment relationships are permissible for

a) Persons with apprenticeship contracts;

b) Special employments such as temporary staff or internships;

c) Fixed-term employment relationships.

3. The private-law employment contract may declare parts of this ordinance and its implementing provisions to be applicable.

Employment Relationship - Type and Duration of Employment

1. The employment relationship is for an indefinite period, unless a fixed-term appointment is expressly provided for.

2. Fixed-term employment relationships are permissible for a maximum period of two years and are deemed to be for an indefinite period after their expiry. For objective reasons, the fixed term may exceptionally exceed two years.

Employment Relationship - Type and Duration of Employment

1. For all employment relationships, the first three months are considered a probationary period, unless it is exceptionally waived or a shorter duration is agreed upon.

2. In exceptional cases, the appointing authority may extend the probationary period by a maximum of three months.

Employment Relationship - Creation

1. Vacant positions are generally to be publicly advertised.

2. The municipal council regulates the details, particularly the type of advertisement and the exceptions from the advertising requirement.

Employment Relationship - Creation

1. The employment relationship is established upon conclusion of a written contract.

2. The employment contract regulates in particular

a) Function;

b) Scope of employment;

c) Salary band and initial salary;

d) Place of work;

e) Commencement and duration of the employment relationship;

f) Special obligations.

3. Subordinate amendments to the employment relationship in favor of the employees come into effect without their consent; all other amendments require the form according to para. 1.

Employment Relationship - Creation

1. If it is necessary for the exercise of the function, the appointing authority may require that the employee concerned

a) takes up residence in the municipality of Glarus Nord; or

b) takes up residence in a place from which the workplace can be reached in a short time.

2. Such an obligation must be recorded in the employment contract.

Employment Relationship - Termination

1. The employment relationship ends upon

a) termination;

b) expiration of a fixed-term employment;

c) immediate dismissal for serious cause;

d) dissolution by mutual agreement;

e) dissolution for health reasons;

f) early retirement;

g) reaching the age limit;

h) death.

2. The appointing authority decides on any full or partial release from duty upon termination of the employment relationship. Any earned income obtained elsewhere during the release period shall be offset against the salary. The contracting parties may agree on a different arrangement.

Employment Relationship - Termination

1. Employees give notice of termination through a written declaration. Termination by the municipality is issued in writing in the form of a decision.

2. The notice of termination must reach the other party no later than the last day before the commencement of the notice period.

3. Termination by the municipality after the probationary period requires an objectively sufficient reason. Such reasons include, in particular

a) Violation of important statutory or contractual obligations;

b) Deficiencies in performance or conduct;

c) Lack of suitability, aptitude, or willingness to perform the agreed work;

d) Lack of willingness to perform other reasonable work;

e) Serious economic, organizational, or operational reasons, provided that the municipality cannot offer the affected employee any other reasonable work;

f) Disappearance of a statutory or contractual employment condition.

Employment Relationship - Termination

1. During the probationary period, the employment relationship may be terminated by either party at any time, subject to a notice period of seven days.

2. After the probationary period, the permanent employment relationship may be terminated by either party at any time to the end of a month, subject to the following notice periods

a) one month in the first year of employment;

b) three months from the second year of employment.

3. The notice period may be contractually extended to a maximum of six months.

4. For fixed-term employment relationships, the employment contract shall regulate any possibilities for termination, notice periods, and termination dates.

Employment Relationship - Termination

1. Before the appointing authority issues a notice of termination due to unsatisfactory performance or misconduct, it shall grant the employee a reasonable probationary period of no more than six months. A probationary period may be waived exceptionally if it is established that it cannot fulfil its purpose.

2. Allegations leading to termination must be substantiated by a performance review or an equivalent procedure.

Employment Relationship - Termination

1. The elements and legal consequences of termination at an inopportune time are governed by the provisions of the Code of Obligations.

2. Termination by the municipality must not be abusive according to the provisions of the Code of Obligations. If the termination proves to be abusive, the compensation shall be determined according to the provisions of the Code of Obligations concerning the consequences of abusive termination, which also apply if a termination pronounced after the expiry of the probationary period was made without a factually sufficient reason. There is no right to re-employment or continued employment.

3. Protection against dismissal in cases of discrimination based on gender is governed by the Gender Equality Act.

Employment Relationship - Termination

1. A fixed-term employment relationship ends without notice upon the expiry of the term.

2. If it is tacitly continued, it shall have the effect of an indefinite-term employment relationship.

Employment Relationship - Termination

1. For important reasons, the employment relationship can be dissolved by either party at any time without observing any notice periods. Dissolution by the municipality must be in writing in the form of a decision, while dissolution by employees must be in written form.

2. An important reason is any circumstance under which the continuation of the employment relationship cannot reasonably be expected according to the principles of good faith.

3. Furthermore, the factual conditions and legal consequences of immediate dissolution are governed by the provisions of the Code of Obligations.

Employment Relationship - Termination

1. By mutual agreement, the employment relationship may be terminated at any time and in deviation from the provisions of this Ordinance.

Employment Relationship - Termination

1. A health-related total or partial inability to perform the assigned duties, which according to a medical confidential report or the assessment of the invalidity insurance is expected to be permanent or to extend beyond the end of continued salary payment according to Art. 39, leads to the complete or partial termination of the employment relationship.

2. If there is an entitlement to a full pension from the pension fund based on the degree of invalidity, the employment relationship shall be terminated completely. Otherwise, the employment relationship shall be terminated according to the degree of incapacity for work.

3. The termination shall take effect at the end of the following month after the medical confidential report or the invalidity insurance assessment according to para. 1. From the second year of service, it shall take effect at the earliest upon the expiry of 365 days of continued salary payment according to Art. 39. In any case, it may be ordered at the earliest after the expiry of the blocking period according to Art. 336c of the Swiss Code of Obligations.

4. Benefits under pension law shall be governed by the regulations of the pension fund.

5. Benefits according to Arts. 24 to 27 are excluded.

Employment Relationship - Termination

1. Employees may take early retirement from the age of 60, subject to a six-month notice period.

2. Early retirement may be ordered by the appointing authority if there are sufficient objective grounds.

Employment Relationship - Termination

1. Employees entering early retirement who have completed at least 20 years of service with the municipality are entitled to a pension until they reach the age of 63, amounting to 90 percent of the maximum single OASI old-age pension. For part-time employment, the pension shall be reduced proportionally.

2. The Human Resources Department shall reduce the benefits listed in para. 1 insofar as the total income, based on claims against third parties or income from substitute employment, together with benefits from pensions and provident funds, exceeds 90 percent of the last earned income achieved with the municipality.

Employment Relationship - Termination

1. In cases of hardship, the appointing authority may wholly or partially offset the reduction in pension fund benefits resulting from lost premium payments until the ordinary retirement age is reached, by means of a one-time contribution to the pension fund.

2. If the appointing authority orders early retirement, the compensation pursuant to paragraph 1 must be made irrespective of the existence of a hardship case.

Employment Relationship - Termination

1. The employment relationship shall terminate without notice at the end of the month in which the employee reaches the age limit pursuant to Article 21 of the Federal Act on Old-Age and Survivors' Insurance.

2. For teaching staff, the employment relationship shall terminate without notice at the end of the semester or school year in which they reach the age limit according to paragraph 1.

3. After reaching the age limit, continued employment for a limited period is permissible, provided such employment is in the interest of the municipality.

Employment Relationship - Termination

1. If positions are eliminated and the affected employees cannot be offered another position, they may be granted compensation equivalent to one month's salary after five years of service. This compensation may increase by one month's salary for every three additional years of service, up to a maximum of six months' salaries for 20 years of service.

Employment Relationship - Termination

1. The consequences of unjustified failure to take up or abandonment of employment are governed by the provisions of the Code of Obligations.

Employment Relationship - Legal Protection

1. Employees must be heard before the issuance of dispositions and other decisions burdening them.

2. Prior hearing may be dispensed with if an immediate decision is necessary in the public interest. The hearing must be subsequently held as soon as possible.

3. Employees may be accompanied by a person of their confidence.

Employment Relationship - Legal Protection

1. The municipality protects its employees from and during unjustified attacks and claims.

2. The employing authority decides on the full or partial assumption of costs for the legal protection of employees

a) if they are pursued through legal channels in connection with the exercise of their work activities;

b) if recourse to legal action or other legal support proves necessary to protect their rights vis-à-vis third parties;

c) if they are victims of a crime, discrimination, sexist or sexual harassment in the workplace.

3. If it emerges from the legal dispute that the employee acted culpably, the employing authority may reclaim the costs in whole or in part.

Employment Relationship - Legal Protection

1. In disputes arising from or concerning the termination of an employment relationship, the contracting parties shall strive for an amicable settlement. If no agreement can be reached, the competent authority shall issue a decision. In urgent cases, a decision may be issued without a prior attempt at an amicable settlement.

2. Rejected job applicants have no right to a decision.

3. In all other respects and subject to specific provisions of this Ordinance, legal protection against decisions in accordance with paragraph 1 shall be governed by cantonal personnel and procedural law.

Employment Relationship - Data Protection and Data Processing

1. Data Processing by Competent Authorities

The authorities responsible for the enforcement of this Ordinance may process personal data and particularly sensitive personal data, insofar as this is suitable and necessary for the establishment, execution, and termination of an employment relationship.

**2. Content of Personnel Files**

The personnel file contains all information significant in connection with the employment relationship.

**3. Retention and Destruction of Data**

After employees depart, the human resources department shall retain the necessary personal data in accordance with statutory provisions. Thereafter, the data shall be destroyed, unless it is to be transferred to the municipal archive.

Employment Relationship - Data Protection and Data Processing

1. Personal data may be obtained in view of filling a position with the consent of the applicant, to the extent that such data is suitable and necessary for assessing suitability, performance, and conduct for the employment relationship.

**2. If employment occurs, the application documents shall be transferred to the personnel file.**

**3. If employment does not occur, the application documents shall be returned or destroyed. Further retention of the documents is only permitted with the consent of the data subject.**

Employment Relationship - Data Protection and Data Processing

1. In addition to the overarching data protection legislation, personal data of employees may be disclosed

a) to insurance companies involved in an insurance relationship with the municipality: the personal data necessary for processing insurance claims;

b) for the internal employee directory, for contact directories and for similar publications: the personal data deemed suitable and necessary by the Municipal Council.

2. The Human Resources Department may make personal data of employees accessible to superiors, via a retrieval procedure, to the extent they require it for the performance of the employment relationship.

Employment Relationship - Data Protection and Data Processing

1. The Human Resources Department operates central electronic human resource management and payroll administration systems. They serve to fulfil the tasks set forth in this Ordinance and its implementing provisions, as well as in the Salary Ordinance.

**2. The Municipal Council issues provisions concerning the human resource management and payroll administration systems. In particular, it regulates:**

a) the organisation, operation, and responsibility for compliance with data protection requirements;

b) the access and processing rights;

c) the categories of stored data;

d) the data security measures.

Employment Relationship - Data Protection and Data Processing

1. For the rest, data protection shall be governed by the superordinate law.

Rights and Obligations of Employees - Rights - Wage

1. Employee remuneration is governed by the Salary Ordinance of the Municipality of Glarus Nord.

2. The following shall be offset against the salary, insofar as it is attachable

a) personal contributions to personnel and social insurances;

b) daily allowance reductions from invalidity, accident, and military insurance.

3. The following may also be offset

a) claims for reimbursement by the municipality for benefits granted in connection with the employment relationship;

b) charges for private telephone calls and other compensation for services arising from the employment relationship.

4. Claims for damages or recourse claims for intentionally caused damage may be offset without limitation.

5. Further salary deductions are only permissible with the consent of the employee.

Rights and Obligations of Employees - Rights - Wage

1. In the event of an impediment to work performance, employees are entitled to continued payment of wages in accordance with the following provisions.

2. The continued payment of wages is calculated based on the earned income at the time the entitlement arises. For employees paid by the hour, the compensation is calculated based on the actual loss of working hours or based on the average wages received during the last six months prior to the emergence of the entitlement.

3. The continued payment of wages is limited to 100% of the net wage paid prior to the emergence of the entitlement to continued wage payment (net wage equalization for wage replacement benefits from insurance). In cases where a third party is obligated to perform, the continued payment of wages is limited to that part not covered by the third party. Up to the amount of its payments, the municipality assumes the rights of the employees vis-à-vis the third party and is entitled to assert these independently and directly. Benefits paid by third parties shall pass to the municipality to the extent of the continued wage payment.

Rights and Obligations of Employees - Rights - Wage

1. In the event of an impediment to work performance due to illness or accident, full salary shall be paid for a maximum period of one year. In the event of continued incapacity to work after one year, 80 percent of the salary shall be paid for a maximum of a further twelve months.

2. If work performance is suspended during the probationary period due to illness or accident, full salary shall be paid for at least one month.

3. The entitlement to continued salary payment during illness and accident expires at the end of the notice period, the limited assignment duration, with the commencement of the pension, or with death. Further benefits from third parties remain reserved.

4. Continued salary payment may be reduced or discontinued

a) if the insurance has reduced, discontinued, or refused its benefits;

b) if the illness or accident is attributable to the employee's gross self-negligence or if the employee deliberately exposed themselves to an extraordinary danger or risk;

c) if the employee violates duties of cooperation or refuses a medical examination by a trusted physician.

Rights and Obligations of Employees - Rights - Wage

1. During mandatory services (military, fire brigade, civil defense, civilian service) for up to five weeks per year, employees receive their full salary.

2. During fire brigade duty falling within regular working hours, full wages will be paid. Fire brigade duty includes emergency deployments, but not fire brigade drills.

3. For other services such as

a) during the duration of a recruit school

b) during a long-term service (Durchdienerdienst)

c) for promotion services

d) for equivalent assignments in the service of the general public, particularly rescue and aid services, for a maximum of four weeks per year

Rights and Obligations of Employees - Rights - Parenthood

1. Upon the birth of one or more children, the female employee is entitled to paid maternity leave. This begins on the day of delivery and lasts, provided the employment relationship still exists at the time of delivery and for as long as it continues, 98 days (14 weeks). In the event of an extended hospital stay for a newborn, it shall be extended in accordance with the prolonged payment of maternity benefits under federal legislation on income compensation.

2. If the entitlement to maternity benefits according to the Federal Act on Income Compensation ceases before the expiry of the maternity leave, there shall be no claim to salary according to paragraph 1 from that point until the resumption of work with the municipality.

Rights and Obligations of Employees - Rights - Parenthood

1. The following persons are entitled to 10 working days of paid leave, which must be taken within six months of the birth

a) the employee who, at the time of the birth of one or more children, is their legal father or becomes their legal father within six months following the birth;

b) the employee who, at the time of the birth of one or more children, is their legal other parent.

2. In all other respects, the provisions regarding paternity allowance in the federal legislation on the income compensation scheme shall apply mutatis mutandis.

Rights and Obligations of Employees - Rights - Parenthood

1. Employees may take paid leave for the care of their minor child who is seriously impaired in health due to illness or accident, provided that for this period they are entitled to a care allowance under federal legislation on the income compensation scheme.

2. The care leave lasts a maximum of 14 weeks and must be taken within a reference period of 18 months. The reference period begins on the day for which the first daily allowance is drawn.

3. If both parents are employed, each parent is entitled to a care leave of seven weeks. The parents may agree on a different distribution of the leave.

Rights and Obligations of Employees - Rights - Parenthood

1. In the event of a work stoppage due to the reception of children under four years of age for care and upbringing with a view to later adoption, the employed parent shall be granted paid leave of a maximum of 10 working days.

2. The provisions on adoption compensation in the federal legislation on the income compensation scheme shall be applied mutatis mutandis.

Rights and Obligations of Employees - Rights - Vacations and Leave

1. Paid public holidays treated like Sundays are: New Year's Day, Näfelser Fahrt, Good Friday, Easter Monday, Ascension Day, August 1st, November 1st, Christmas Day and December 26th.

2. Saturdays are work-free. Work-free and paid are: January 2nd, Whit Monday, afternoons of December 24th and 31st.

3. Employees who, for operational reasons, must work on work-free days are entitled to compensation through time off of equal duration. The Municipal Council shall regulate the details.

Rights and Obligations of Employees - Rights - Vacations and Leave

1. The entitlement to holidays per calendar year amounts to

a) up to and including the calendar year in which the 59th year of age is completed, 25 working days;

b) from the calendar year in which the 60th year of age is completed, 30 working days.

2. In the year of commencement and termination of employment, the holiday entitlement shall be calculated proportionally to the duration of the employment relationship in the respective calendar year and rounded to half days. The right to reclaim wages for excessive holiday days taken in the year of termination remains reserved.

3. The holiday regulation for employees paid on an hourly basis shall be subject to the employment contract.

Rights and Obligations of Employees - Rights - Vacations and Leave

1. The taking of holidays must be agreed upon with the superior authority. Holidays are to be scheduled in such a way that work or operations are not impaired, while the wishes of employees should be considered where possible.

2. Holidays are primarily intended for recreation. They are generally to be taken in whole weeks, with at least two consecutive weeks to be taken once a year.

3. Holidays must be taken in the calendar year in which the entitlement arises. A maximum of ten holiday days may be carried over to the following year. These must be taken in the first quarter of the following calendar year.

4. The superior authority decides on the carry-over of a higher number of holiday days or a longer period for taking them.

5. Employees who fall ill or have an accident during their holidays may take the holidays at a later date, provided a medical certificate is presented.

6. Public holidays and non-working days interrupt the taking of holidays.

Rights and Obligations of Employees - Rights - Vacations and Leave

1. In the case of unpaid leave, the holiday entitlement shall be reduced by one-twelfth for each full month of absence. In the case of a complete work suspension due to illness and non-occupational accident totalling more than three months, the holiday entitlement shall be reduced by one-twelfth for each full month of absence, irrespective of the calendar year.

2. If employees have resumed their full workload for six consecutive months, previous work suspensions due to illness and accident will not be taken into account for holiday reduction in the event of a renewed work suspension.

3. If the holidays have already been taken in the current calendar year, the holiday reduction shall be deducted from the holiday entitlement of the following calendar year.

Rights and Obligations of Employees - Rights - Vacations and Leave

1. Financial compensation for vacation is only possible if the vacation, due to operational reasons, illness, or accident, can no longer be taken by the time the employment relationship ends.

2. If the employment relationship ends due to death, no compensation will be provided for vacation.

Rights and Obligations of Employees - Rights - Vacations and Leave

1. Paid leave shall be granted to employees in the following cases

a) for their own marriage 2 working days;

b) in the event of sudden illness of a household member, provided that necessary care is lacking, up to 3 working days per case, maximum 5 working days per calendar year;

c) in the event of the death of a life partner, child or parent 3 working days;

d) in the event of death of a relative or a close person, the time necessary to attend the funeral, maximum 1 working day;

e) for relocation of residence in an employment relationship that has not been terminated and is of indefinite duration, 1 working day;

f) for the exercise of public offices up to 10 working days per calendar year;

g) for youth leave within the meaning of Art. 329e of the Swiss Code of Obligations (OR) up to 5 working days per year;

h) The claimed working time is to be kept as short as possible. The respective degree of employment is decisive for the specific entitlement.

2. In justified exceptional cases, the appointing authority may approve paid leave in further cases or to a greater extent.

3. If there are overriding operational interests, the granting of leave may be refused or conditions may be imposed.

4. The HR Department shall regulate the details.

Rights and Obligations of Employees - Rights - Vacations and Leave

1. Where official circumstances permit, the appointing authority may grant unpaid leave.

2. The Human Resources Department shall regulate the details.

Rights and Obligations of Employees - Rights - Further Rights

1. Employees may at any time request a certificate that provides information about the nature and duration of the employment relationship, as well as their performance and conduct.

2. At the special request of the employee, the certificate shall be limited to information about the nature and duration of the employment relationship.

Rights and Obligations of Employees - Rights - Further Rights

1. Mobile working enables employees to perform a portion of their work outside their usual workplace.

2. To the extent that it is operationally feasible, superiors permit mobile working. However, there is no entitlement to mobile working.

Rights and Obligations of Employees - Rights - Further Rights

1. Employees have the right to participate in personnel matters of general significance.

2. They exercise this right through the staff representation. This body represents the concerns and interests of employees vis-à-vis the municipal council and the municipal administration.

3. The municipal council maintains a social partnership relationship with the staff representation. In particular, it invites the staff representation to discussions and for statements, evaluates their feedback, and responds to it.

4. The municipal council shall regulate further details, including in particular the additional rights, duties, and the appointment of the staff representation. It shall involve employees in an appropriate manner in the development of these regulations.

Rights and Obligations of Employees - Rights - Further Rights

1. Employees may submit proposals for improving administration or operations.

2. A premium may be awarded for improvement proposals that are implemented.

Rights and Duties of Employees - Duties

1. Employees are obliged to perform the work assigned to them personally, diligently, and to the best of their knowledge and ability. Quality specifications and process flows must be adhered to.

2. Employees perform their duties within the framework of legislation and in accordance with their job descriptions, as well as any additional specifications, in a customer-friendly, reliable, goal-oriented, economical, and appropriate manner. They collaborate and support each other.

3. They responsibly advocate for the interests of the municipality and refrain, even outside their working hours, from anything that could impair the interests of the municipality and the proper fulfillment of the municipality's duties.

4. Employees shall acquire the knowledge and skills necessary for the fulfillment of their duties.

Rights and Duties of Employees - Duties

1. Employees are obliged to maintain confidentiality regarding official matters, insofar as there is a predominant public or private interest in secrecy according to the Law on Public Information, Data Protection, and Archives, or if a specific regulation so provides.

2. This obligation also applies after the termination of the employment relationship.

3. The Municipal Council regulates the release from the duty of confidentiality in the context of employees' participation in civil, criminal, and administrative proceedings and for public information.

4. Exempt from the duty of confidentiality are reports to the contact and reporting office according to Article 7, as well as reporting and notification obligations under special laws.

Rights and Duties of Employees - Duties

1. Employees who participate in a decision shall recuse themselves in the presence of grounds for recusal in accordance with cantonal legislation.

2. They shall refer the matter to their superior authority.

Rights and Duties of Employees - Duties

1. Employees may not claim or accept gifts or other benefits for their work.

2. The prohibition on accepting gifts does not apply to

a) Staff benefits from third parties decided upon or approved by the municipal council;

b) Preferential conditions agreed upon by professional organizations for their members;

c) Courtesy gifts of minor value within socially customary limits.

3. The employee must inform their supervisor if they are offered gifts, scientific or cultural awards, or other benefits

a) where there are doubts about the impairment of independence;

b) where a connection with a procurement or decision-making process cannot be ruled out;

c) that exceed what is socially customary or the threshold value according to para. 2 lit. c.

4. In cases according to para. 3, the supervisor determines the further course of action.

Rights and Duties of Employees - Duties

1. The exercise of a secondary employment or a public office is only permissible if it does not impair the fulfillment of duties and is compatible with the official position.

2. Employees must notify the Human Resources Department and the appointing authority in advance of the nomination, acceptance, or exercise of secondary employment or public offices. The Municipal Council determines the exceptions to the notification obligation and regulates the details.

3. A permit from the appointing authority is required if agreed working hours are utilized. The Municipal Council may extend the permit requirement to additional circumstances.

4. The appointing authority may

a) link the permit with conditions, particularly regarding the compensation of utilized working hours or the surrender of secondary income;

b) revoke an issued permit in justified cases.

Rights and Duties of Employees - Duties

1. The Municipal Council shall determine the target working hours, based on 42 hours per week for full-time employment, and shall regulate in particular

a) the scheduling of working hours, the working time and absence control, and the details concerning days off;

b) special forms of working hours such as individual annual working hours, flextime, and other forms of flexible working hours;

c) the entitlement to compensation and/or remuneration for ordered overtime, night, rest day, and on-call duty.

2. It may deviate from the target working hours and rest day provisions it sets for the entire staff for individual groups of personnel if higher-ranking law, exceptional operating hours or operating conditions, particularly in seasonal businesses, or the influence of school operations make this necessary.

3. Employees may also be called upon outside ordinary working hours and beyond the agreed working hours if operational requirements demand it and to the extent that it is reasonable.

Rights and Duties of Employees - Duties

1. Employees are obliged to notify the HR Department immediately in writing or electronically of all changes to personal data and other information relevant to the employment relationship or necessary for maintaining personnel files.

2. Employees must inform their superior at the earliest possible time about longer absences (military service, hospital stays, etc.).

3. Employees must report the following occurrences to their superior without delay, in particular

a) Impediment in the performance of duties;

b) Incapacity for work due to illness or accident;

c) An accident, even if it did not result in incapacity for work.

4. Absences from work due to illness and accident lasting more than three working days must be immediately substantiated with a medical certificate. In cases of frequent short absences and in justified cases, the superior or the HR Department may request a medical certificate even if the absence in the individual case is less than three days.

5. In the event of delayed notification, untrue information, or insufficient proof of incapacity for work, the municipality may reduce or refuse employer-side benefits. Furthermore, disciplinary measures remain reserved.

Rights and Duties of Employees - Duties

1. Employees may, in justified cases, be required to undergo an independent medical examination.

2. Justified examinations include, in particular

a) for assessing professional invalidity;

b) for reasons related to human resources law.

3. The competent pension fund or another body may be commissioned to conduct an independent medical examination for reasons related to human resources law.

Rights and Duties of Employees - Duties

1. Employees must follow safety instructions, observe safety regulations, and properly use safety devices and personal protective equipment without modifications.

2. They may be obliged to wear uniforms and service attire.

Special Provisions on the Employment Relationship - Training and Further Education

1. The municipality promotes the professional training and further education of its employees. Employees may also be required to attend training and further education events.

2. The municipality shall cover the costs, in whole or in part, in accordance with its interests. It may make the assumption of costs dependent on reimbursement obligations and/or on the maintenance of the employment relationship for a certain period.

3. The details shall be specified in the implementing regulations.

Special Provisions on the Employment Relationship - Personnel Management

1. Supervisors are responsible for effective and efficient personnel deployment as well as for compliance with specifications and performance agreements. They lead their employees in a goal-oriented and cooperative manner and fulfill all essential management functions appropriate to their level.

2. Supervisors possess the authority to issue official and technical instructions to their employees.

3. They treat their employees with respect and act as role models. They fulfill their duty of care as supervisors and ensure the protection of their employees' physical and psychological integrity.

4. Before assuming leadership functions and advancing in leadership, supervisors undergo a systematic aptitude assessment and must demonstrate their leadership qualifications or complete relevant leadership training.

Special Provisions on the Employment Relationship - Personnel Management

1. The employee appraisal serves to determine the current position, assess task fulfillment, agree on objectives, promote cooperation, and foster professional development. For executives, leadership capability must also be assessed.

2. An employee appraisal must be conducted before the end of the probationary period and subsequently at least annually.

3. If employees disagree with the appraisal or with individual statements concerning the points listed in paragraph 1, they may request a meeting with the next higher hierarchical superior.

Special Provisions on the Employment Relationship - Personnel Management

1. If circumstances so require, the appointing authority or the municipal council may assign employees to another or new activity corresponding to their skills and suitability.

2. If this change leads to a reduction in salary or another substantial change in legal status, the provisions concerning the termination of the employment relationship must be observed.

3. Individual employees may also be assigned to a different place of work.

Special Provisions on the Employment Relationship - Personnel Management

1. If the performance or conduct of the employee does not meet the requirements or if duties arising from the employment relationship are breached, appropriate disciplinary measures shall be taken.

2. Following an unsuccessful warning or in the event of an intentional or negligent breach of duty by the employee, the appointing authority may, in order to restore the proper fulfillment of tasks, order the following measures in particular

a) Reprimand;

b) Withholding of a salary increase;

c) Salary reduction;

d) Assignment to other duties or deployment in another work area, with or without a salary reduction;

e) Termination of the employment relationship.

Special Provisions on the Employment Relationship - Personnel Management

1. If there are indications that duties have been violated, the appointing authority or the municipal council may initiate an administrative investigation to clarify the facts.

Special Provisions on the Employment Relationship - Personnel Management

1. The appointing authority shall take the necessary precautionary measures if the proper performance of official duties is jeopardized.

2. In particular, the appointing authority may provisionally suspend employees if

a) criminal proceedings have been initiated due to a felony or misdemeanor;

b) compelling public interests or administrative proceedings require it;

c) there are sufficient indications of the existence of an important reason for terminating the employment relationship.

3. The appointing authority may reduce or cease salary and other benefits for this period. If the proceedings are discontinued or an acquittal is pronounced, the reduced or ceased benefits shall be paid retroactively, provided that compensation has not been made otherwise.

4. All superiors are responsible for ordering urgent precautionary measures. The order must be submitted to the appointing authority for approval without delay.

Special Provisions on Employment Relationship - Insurances and Provident Funds

1. Employees are insured against the consequences of occupational and non-occupational accidents in accordance with the provisions of the Federal Act on Accident Insurance.

2. The municipality insures the employees against occupational accidents and bears the premiums.

3. Employees who work at least eight hours per week are also insured against non-occupational accidents, with the corresponding premiums to be borne in equal halves by the municipality and the employees.

Special Provisions on Employment Relationship - Insurances and Provident Funds

1. Employees are insured against the economic consequences of invalidity, old age, and death with the employer's occupational pension schemes, based on the Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans.

2. Employees are obliged to pay employee contributions and are entitled to receive pension benefits, in accordance with the provisions of the pension scheme.

3. The insurance conditions of the pension schemes form an integral part of the employment contract.

Special Provisions on Employment Relationship - Insurances and Provident Funds

1. Liability for damage caused to the municipality or to third parties by its employees is governed by the State Liability Act.

2. For the indemnification of employees who have caused damage in the performance of commercial (non-sovereign) activities, Articles 22a et seq. of the State Liability Act are applicable by analogy.

3. The municipality shall take out liability insurance. It shall bear the premiums.

Special Provisions on Employment Relationship - Insurances and Provident Funds

1. The municipal council may conclude further insurance policies to cover special risks for the employees. It determines the bearing of the premiums.

Schlussbestimmungen

1. The Municipal Council shall issue the necessary regulations for the enforcement of this Ordinance.

2. It shall regulate, as far as necessary, in particular

a) working hours, forms of work, and mobile working;

b) holidays, leave, and non-working days;

c) employee appraisals;

d) training and further education and the municipality's contributions in this regard;

e) continued payment of wages in case of incapacity to work;

f) the provision of personnel with the material necessary for the performance of their duties;

g) measures and benefits facilitating childcare;

h) the provision of in-kind benefits or concessions;

i) data protection and data processing;

j) responsibilities in personnel matters and, in particular, the involvement of the human resources department in decisions concerning such matters.

3. For individual personnel categories, the Municipal Council may issue supplementary regulations or regulations that deviate from the provisions of this Ordinance.

Schlussbestimmungen

1. Where these regulations or their implementing provisions, as well as specific statutory provisions, do not contain a rule for a matter, the provisions of the personnel law of the Canton of Glarus shall be applied analogously and appropriately.

Schlussbestimmungen

1. For all employment relationships existing at the time this Ordinance comes into force, this Ordinance and its implementing provisions shall apply from that time.

2. For employment relationships that have already been terminated but not yet dissolved at the time this Ordinance comes into force, the previous law shall apply.

3. Insofar as and as long as new implementing provisions have not been issued, the previous such provisions shall continue to apply, provided they do not contradict this Ordinance.

4. Warnings, reprimands and similar measures under previous law are deemed equivalent to reprimands within the meaning of the revised law. The entry into force of the new law shall not lead to the premature termination of ongoing probationary periods and the like.

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