Kanton Glarus (PG)

Scope of Application

1 This Act governs the legal relationship between the Canton and its personnel.

2 It applies to all employees of the Canton, unless otherwise provided by other legislation.

Personnel Policy

1. Personnel policy is guided by the principles of legality, expediency, proportionality, and economic efficiency. It takes into account the fulfillment of tasks and the needs of the staff, ensures equal opportunities for women and men, and is aligned with both the goal of proximity to citizens and the possibilities of the financial household.

### Personnel Commission

1. The Cantonal Government regulates the composition of the Personnel Commission and elects its members. *

2. It advises the Cantonal Government in personnel matters and takes a position on important personnel transactions. *

Participation of the Staff Representation

1 The Canton, as an employer, fosters social partnership.

2 The staff representation is the representative body of the staff and, within the scope of its powers, safeguards employee interests. It acts as an intermediary between the staff and the Government Council.

3 The Government Council invites the staff representation to comment before it enacts or amends regulations affecting the legal status of the staff.

4 The Government Council regulates the details such as election, constitution, and cooperation.

SBE VIII/4 238

II A/6/1

Integration Measures *

1 In the event of an employee being prevented from working due to illness or

accident, the Canton shall promote their reintegration into the work process. *

2 The employee may be obliged to cooperate within the scope of their

reintegration. *

3 For the reintegration of employees prevented from working or for the

employment and integration of persons with disabilities, the Government

Council may create sheltered workplaces. *

* **Contact and Reporting Point**

1. To report conflicts and abuses in the workplace, the Government Council designates an independent, external administrative contact and reporting point.

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

3. Persons designated to receive reports are subject to the duty of confidentiality according to Article 26.

4. Reports from employees are confidential. Anyone who makes a report in good faith may not be disadvantaged in their employment position because of it.

Legal Nature, Applicable Law *

1 The employment relationship is of a public law nature. *

2 Insofar as cantonal law contains no regulations, the relevant provisions of the Code of Obligations apply mutatis mutandis to the employment relationships. *

3 In justified cases, the Government Council may wholly or partially subject certain personnel categories to the Code of Obligations. *

*

* Competence for Personnel Decisions

1 The competent authorities for personnel decisions are

a. the Cantonal Government for the public prosecutors (Staatsanwälte oder Staatsanwältinnen) and the juvenile prosecutors (Jugendanwälte oder Jugendanwältinnen), as well as the Head of Financial Control (Leiter oder Leiterin Finanzkontrolle), with the exception of election and re-election, and the employees elected by it.

b. the departments, the State Chancellery, the governing bodies of outsourced administrative units and of task carriers with their own legal personality, as well as the heads of administrative units managed by performance mandates, in accordance with the implementing provisions, for the employees elected by them;

c. the Administrative Commission of the Courts (Verwaltungskommission der Gerichte) in accordance with the Law on the Organization of Courts (Gerichtsorganisationsgesetz)¹) for the employees elected by it.

2. Establishment and Duration of Employment Relationships

Job Advertisements *

1 Vacant positions must be publicly advertised. *

2 The Government Council regulates exceptions to the advertising requirement. *

* **Hiring Authorities**

1 The Cantonal Council elects the public prosecutors (Staatsanwälte oder Staatsanwältinnen) and the juvenile prosecutors (Jugendanwälte oder Jugendanwältinnen), the head of the Data Protection Office (Leiter oder die Leiterin der Fachstelle Datenschutz), and the head of Financial Control (Leiter oder die Leiterin Finanzkontrolle). It designates the Chief Public Prosecutor (Erster Staatsanwalt oder die Erste Staatsanwältin).

2 The Administrative Commission of the Courts elects the employees of the court administration in accordance with the Court Organisation Act (Gerichtsorganisationsgesetz).

3 The Government Council (Regierungsrat) elects the remaining personnel. It may delegate its election competence, through implementing provisions, to the departments, the State Chancellery (Staatskanzlei), the executive bodies of outsourced administrative units and of task bearers with their own legal personality, as well as to the heads of administrative units managed by performance mandate. Not transferable is the election of employees with the following functions: Council Clerk's Office and deputy, head of department secretariat, head of administrative units directly subordinate to a department head, as well as head of outsourced administrative units and of task bearers with their own legal personality.

Employment Requirements

1 As a general rule, all persons residing in Switzerland with Swiss citizenship or with a settlement permit may be employed.

2 The Government Council regulates which functions must be filled exclusively by Swiss citizens and which may also be filled by foreign persons without a settlement permit.

3 Employment may be made conditional on certain prerequisites (certificate of competence, education, experience, etc.) and may be linked to the obligation to undertake further duties.

1) GS III A/2 3

II A/6/1

* Establishment of Employment Relationships

1 The employment relationship is generally established through a written contract.

2 For personnel elected by the Landrat, the employment relationship is established through election; the terms of employment are regulated by an employment decree of the Government Council. *

Commencement of Office and Swearing-in

1 The competent authority determines the time of commencement of office.

2 Before entering office, the following shall be sworn in to faithfully perform their duties: public prosecutors, juvenile prosecutors, court clerks, police officers, cantonal hunting, fishing, and forestry officials, game wardens, and forest rangers. *

Probationary Period

¹ The first three months are considered a probationary period.

² The probationary period may be contractually set or extended to a maximum of six months.

## Duration of Employment Relationships

1. Unless otherwise provided, employment is for an indefinite period.

2. The public prosecutors, juvenile prosecutors, the Head of the Data Protection Office, and the Head of Financial Audit are employed for the term of office. *

3. Rights of Personnel

Working Conditions

1 As an employer, the Canton ensures contemporary working conditions.

2 It promotes professional development.

Protection of Personality

¹ As an employer, the Canton respects the personality of its staff and takes the necessary measures to protect life, health, and personal integrity.

² It protects employees against unjustified attacks and claims.

4

Salaries

II A/6/1

1 The District Administrator regulates the salaries of the employees.

Continued Wage Payment in Case of Incapacity for Work Due to Illness or Accident

1. During proven incapacity for work due to illness or accident, wages shall be paid until the termination of the employment relationship, but for a maximum of 24 months.

2. The continued wage payment amounts to 100 percent of the last earned wage in the first year of incapacity for work, and 80 percent in the second year.

3. The Government Council shall regulate

a. continued wage payment in case of self-inflicted incapacity for work;

b. continued wage payment in case of non-commencement of employment due to illness or accident;

c. continued wage payment in case of discontinuation or reduction of insurance benefits;

d. the crediting of third-party benefits, particularly from insurance providers.

4. It shall decide on the establishment of daily sickness allowance insurance and determine the allocation of premiums.

* **Continued Salary Payment in Case of Maternity** *

1 In case of maternity, the employee is entitled to 16 weeks of paid leave. *

2 The continued salary payment is based on the earned income at the beginning of the entitlement. *

3 The maternity allowance according to the Federal Act on Income Compensation during Military Service, Civil Service or Maternity²) is transferred to the canton, insofar as it provides full salary payment. *

*Wage Continuation during Paternity*

1 In the event of the birth of his own children, the employee is entitled to two weeks

of paid leave.

2

3 Wage continuation is based on the earned income at the beginning

of the entitlement.

4 The loss of earnings compensation according to the Federal Act on

Compensation for Loss of Earnings shall go to the Canton, to the extent that it provides full salary payment.

2)

SR 834.1

5

II A/6/1

Continued Salary Payment for the Care of Sick and Injured Children

1 For the care of a minor child who, according to the Federal Act on Income

Compensation, is severely impaired due to illness or accident, the employee

is entitled to a maximum of 14 weeks of care leave.

2 If both parents are gainfully employed, the employee is entitled to

care leave of a maximum of seven weeks. They may request a different

distribution of the leave.

3 The continued salary payment is based on the earned income at the beginning

of the entitlement.

4 The income compensation according to the Federal Act on Income

Compensation shall go to the Canton, to the extent that it provides full salary

payment.

Continued Salary Payment during Military, Civil Protection, and Civilian Service*

1 During mandatory military, civil protection, and civilian service, full salary will be paid. *

2 The Government Council regulates continued salary payment during recruit school and voluntarily performed services. *

3 Loss of earnings compensation or other remunerations for services, during which the salary is paid by the canton, accrue to the canton. *

## Accident Insurance

1. Personnel are insured against industrial accidents. This insurance also covers non-industrial accidents.

1. Der Landrat bestimmt Rechtsform, Aufgabe und Organisation der Einrichtung zur Gewährleistung der beruflichen Vorsorge für die Angestellten.

2. Die Angestellten sind nach Massgabe der Bestimmungen der Vorsorgeeinrichtung[[3]](#paragraphtext_content_fn_717439_2_3_c) zur Entrichtung der Arbeitnehmerbeiträge verpflichtet und zum Bezug der Vorsorgeleistungen berechtigt.

Holidays and Leave; Compensation for Overtime

1 The Government Council regulates holidays and leave, as well as compensation

for ordered overtime of considerable scope.

3) GS II D/2/1

6

4. Duties of Personnel

General Fulfillment of Duties

1 Whoever is in public service

a. performs their duties lawfully, purposefully, economically, and appropriately, and

b. continues their education in accordance with the requirements of the position.

1. Die Angestellten sind zur Verschwiegenheit über dienstliche Angelegenheiten verpflichtet, soweit an der Geheimhaltung ein überwiegendes öffentliches oder privates Interesse gemäss Gesetz über die Information der Öffentlichkeit, den Datenschutz und das Archivwesen[[4]](#paragraphtext_content_fn_717442_2_4_c) besteht oder wenn eine besondere gesetzliche Bestimmung dies vorsieht.

2. Die Geheimhaltungspflicht gilt auch nach Beendigung des Arbeitsverhältnisses.

3. Der Regierungsrat regelt die Entbindung von der Geheimhaltungspflicht im Rahmen der Mitwirkung von Angestellten in zivil-, straf- und verwaltungsrechtlichen Verfahren und für die Information der Öffentlichkeit.

4. Von der Geheimhaltungspflicht ausgenommen sind Meldungen an die Anlauf- und Meldestelle nach Artikel 5a sowie spezialgesetzliche Anzeige- und Meldepflichten.

Ancillary Employment, Public Offices *

1 Employees must notify the Canton in advance of any ancillary employment or the exercise of public offices. *

2 The Government Council determines the exceptions to the notification requirement and designates the ancillary employment and public offices requiring authorisation. *

3 If the ancillary employment or the exercise of a public office proves incompatible with employment by the Canton, the authorisation shall be refused or revoked. *

4 The Government Council regulates the activities of employees in authorities, commissions or other institutions in which the Canton is involved or has an interest, particularly regarding the use of working time and the appropriation of remunerations. *

II A/6/1

4)

GS I F/1

7

II A/6/1

Incompatibility with the Cantonal Council

1 The Cantonal Council may not include: *

a. the Council Secretary or their deputy, as well as other employees of the State Chancellery and other staff units designated by the Government Council, whose tasks can significantly influence the performance of duties by the Government Council or the Cantonal Council;

b. * the Head of Financial Control;

c. * employees who are directly subordinate to a Head of Department;

d. * employees who are directly subordinate to a person according to letter c and who head an administrative unit;

e. * members of the management boards of outsourced administrative units and of independent public law bodies of the canton;

f. * members of the school management of cantonal schools;

g. * ordinary public prosecutors and juvenile prosecutors;

h. * ordinary court clerks;

i. * permanent members of the Child and Adult Protection Authority;

j. * the President and the Vice-President of the Conciliation Authority;

k. * the Head of the Data Protection Office.

Working Hours

1 The Government Council regulates the working hours of employees. It promotes new working hour models.

Area of Activity and Representation

1 Employees may be required to perform work for which they were not expressly hired, as long as this can be reasonably expected of them based on their qualifications and abilities, as well as their previous activities. In particular, there is a duty of representation.

Liability for Damages

1 Liability for damages caused by cantonal employees to the canton or third parties is governed by the State Liability Act5).

5) GS II F/2

8

Strike

1 The strike of employees is governed by Article 77 of the Cantonal Constitution and by the statutory procedural rules.

* **Donations and other Benefits**

1. Regarding the prohibition of accepting donations and other benefits, Article 28 of the Government and Administration Organization Act applies mutatis mutandis to the administrative and court personnel.

### Residence

1. If the nature of the activity so requires, the competent authority may, for the duration of the employment relationship, oblige the employee to

a. take up residence at a specific location or within a specific area, or

b. occupy official accommodation.

Administrative Inquiry

1 If there are indications that duties have been violated, the competent authority may initiate an administrative inquiry to clarify the facts.

Termination Types, Release from Duty *

1 The employment relationship ends upon

a. ordinary termination;

b. dissolution of the employment relationship by employees elected for a fixed term;

c. expiry of a fixed-term appointment or non-re-election after the expiry of the term of office;

d. termination by mutual agreement;

e. termination for important reasons;

f. disciplinary dismissal of employees elected for a fixed term;

g. * reaching the age limit;

h. *

i. early retirement;

k. *

6) GS I A/1/1

9

II A/6/1

I.

Death.

2 The competent authority decides on any full or partial release from duty upon termination of the employment relationship. *

1 Employment relationships can be terminated by either party, subject to statutory or agreed notice periods and dates.

2 Termination by the Canton requires a factually sufficient reason. *

3 The provisions of the Swiss Code of Obligations concerning protection against termination at an inopportune time apply mutatis mutandis.

Notice Periods and Termination Dates

1. During the probationary period, the employment relationship may be terminated at any time at the end of a week, subject to the following notice periods

a. one week during the first three months;

b. four weeks from the fourth month onwards.

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

a. one month for employment relationships lasting less than one year;

b. three months for employment relationships lasting more than one year.

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

4. In the event of termination, the competent authority may grant a request for a reduction of the notice period.

Termination by Mutual Agreement

1 By mutual agreement, the employment relationship can be dissolved at any time.

2

*

Termination for Important Reasons

1. If important reasons exist, the employment relationship can be terminated by either party without observing notice periods at any time.

2. An important reason is considered to be any circumstance where its existence makes the continuation of the employment relationship until the earliest possible ordinary termination date unreasonable.

Art. 43-44 *

10

Reaching Retirement Age, Postponed Retirement *

1 The employment relationship ends without notice at the end of the month in

which the employee reaches the age of 65. *

2 After reaching the retirement age, continued employment for a fixed term

is possible, provided it is in the interest of the Canton, but at most

until the end of the month in which the employee reaches the age of

70. *

3 The Government Council may set different dates for special employment

relationships. *

* Early Retirement

1 Employees may retire early from the age of 60, subject to a six-month

notice period.

2 Early retirement may be ordered by the canton if there are sufficient

objective reasons.

3 The canton may provide financial support for early retirements. The

Government Council shall determine the corresponding benefits.

* Retirement due to Health Reasons

1 The employment relationship ends without notice to the extent of the degree of invalidity.

* **Special Consequences of Termination**

1 If an employment relationship is dissolved due to the abolition or adaptation of the position to changed organizational, operational or economic circumstances, without another reasonable position being able to be offered to the employee, a severance payment of a maximum of twelve monthly salaries will be granted. The Government Council determines the amount depending on age and length of service, any support obligations and the current situation on the labor market.

2 If, in the context of the termination of an employment relationship, an immediate dissolution is agreed upon by mutual consent, without an important reason for dissolution existing, an exit compensation may be granted. It may not exceed the amount of the salary that would be owed until the termination of the employment relationship, subject to compliance with the notice period.

3 The compensation for an ordered early retirement without a factually sufficient reason is governed by Article 55a Paragraph 1 Letter a and Paragraph 2.

11

II A/6/1

6. Personnel elected for a fixed term

Term of Office

¹ The term of office is determined by Article 78 of the Cantonal Constitution.

Termination of Employment by Employees

1 Employees may terminate their employment at any time with six months' notice to the end of a month, by written notification to the Government Council or the Administrative Commission of the Courts.

Re-election and Non-re-election by Authorities

¹ The election authorities may refrain from re-electing employees if sufficient grounds exist.

² The re-election procedure in the Cantonal Council is governed by the Cantonal Council Ordinance. If a non-re-election is contemplated, the Government Council shall include the statement of the person concerned in the report submitted to the Cantonal Council.

³ In the case of complaints concerning the re-election procedure before the Cantonal Council, Article 55, Paragraph 3 applies mutatis mutandis.

Measures in Case of Breach of Duties

1 The intentional or negligent breach of duties may be subject to disciplinary

sanctions. Disciplinary measures include a reprimand, reduction

or cancellation of the regular salary increase, temporary

suspension from duty, transfer to a provisional employment relationship,

threat of dismissal, and dismissal.

2 Disciplinary authorities are the respective competent authorities according to Article 7. They report to the Cantonal Council on transfers to provisional employment relationships and dismissals of personnel elected by the Landsgemeinde or the Cantonal Council. *

3 Compensation in the event of an unjustified disciplinary dismissal and the right to continued payment of wages are governed by Article 55a paragraphs 1 letters a and b, and paragraph 2. *

Remaining Provisions

¹ For personnel elected for a term of office, the provisions of this Act and the

corresponding implementing provisions shall apply mutatis mutandis.

7)

GS II A/2/3

12

7. Processing of Personal Data *

Employee and Applicant Personal Data *

1 The authorities responsible for the enforcement of this Act may process personal data and particularly sensitive personal data, insofar as these are suitable and necessary for the implementation of the employment relationship. *

2 With regard to filling a position, the competent authorities may procure and use personal data, insofar as these are suitable and necessary for assessing suitability, performance, and conduct for the employment relationship. *

Electronic Data Management *

¹ The canton operates human resources information systems. They serve the fulfillment of the tasks according to this law and its implementing provisions. *

² As the operator of the human resources information systems, the central human resources service is responsible for compliance with data protection requirements. It decides on the data protection claims of the data subjects. *

³ The Government Council regulates access and processing rights. *

Disclosure of Personal Data *

1 Personal data of employees may be disclosed: *

a. *

*

b. *

c.

d. *

if a legal basis permits it or if, in individual cases, it is necessary

for the recipient to fulfill a public task;

if the data subject has consented in the individual case;

for the State Calendar, official directories, and similar publica-

tions;

to the superior organizational unit if it requires the data in the

context of its supervisory activities.

2 The central human resources department may make personal data of

employees accessible to superiors, via a retrieval procedure, if they require

this data for the performance of the employment relationship. *

13

II A/6/1

8. Legal Protection and Implementation Provisions

* Provisional Measures

1. Employees may be transferred or suspended from their employment with cessation of salary payments if

a. there are sufficient indications of a valid reason for the termination of an employment relationship or for disciplinary dismissal;

b. criminal proceedings have been initiated due to a crime or offence;

c. compelling public interests require it.

Procedure in Disputes; Legal Protection

1 In disputes arising from public-law employment relationships or concerning their termination, the contracting parties shall seek an agreement.

2 If no agreement is reached, the competent authority shall issue an order. In urgent cases, an order may be issued without prior attempt at agreement.

3 Appeals against precautionary measures pursuant to Article 54a and against ordinary terminations, terminations for just cause, ordered early retirements, or disciplinary dismissals of employees elected for a fixed term of office, pronounced by the Canton, shall have suspensive effect only if the appellate authority orders this ex officio or upon application. *

4 In all other respects, legal protection against orders and decisions based on this law and its implementing provisions shall be governed by the Administrative Justice Act.8)

* Decision on Appeals in Case of Terminations

1 If the appeal body upholds an appeal against a termination pronounced

by the canton, it may

a. award the employee compensation if the termination was

effected without objectively sufficient reasons or without important

reasons, proves to be abusive according to Article 336 of the

Code of Obligations, or if procedural rules have been violated;

b. order the continued payment of wages until the expiry of the ordinary

notice period or the fixed-term employment contract if important

reasons are lacking;

c. extend the employment relationship until the expiry of the ordinary

notice period if rules regarding temporal protection against termination

have been violated.

8) GS III G/1

14

II A/6/1

2 The compensation according to paragraph 1 letter a shall not exceed twelve

monthly salaries. The appeal body shall determine it taking into account

all circumstances.

3 Instead of the compensation according to paragraph 1 letter a, the canton

may offer the employee their previous position or another reasonable position.

4 The employee must allow to be offset against the wage payments according

to paragraph 1 letter b whatever they saved as a result of the termination of

the employment relationship and earned through other work, or intentionally

failed to earn.

Implementing Provisions and Agreements

1 The Government Council shall issue more detailed provisions regarding the rights and

obligations of employees, particularly concerning working hours, the taking

of holidays and leave, additional allowances (expenses), performance

appraisal, and training and further education. It shall also regulate the delegation

of its election competencies and the tasks of the Human Resources Department

in the delegated areas. *

2 The Government Council may authorize administrative units to determine rights and

obligations for their respective areas through agreements with staff, subject to its approval.

3 Provisions in laws or cantonal council ordinances that authorize governing bodies of outsourced administrative units to independently issue regulations for their staff remain reserved.

9. Final and Transitional Provisions

Transitional Provisions

1 For all employment relationships already existing at the time this Act

comes into force, the Personnel Act and its implementing decrees apply

from that time onwards.

2 For functions to be regulated by public-law contract under the new law,

the standard provisions of this Act apply as contractual content for

existing employment relationships, unless otherwise agreed in writing.

3 If persons who are no longer elected for a term of office are not to be

taken into an open-ended employment relationship in accordance with the

standard provisions of this Act, this must be communicated and justified

like an ordinary termination.

15

II A/6/1

4 For employment relationships that have already been terminated but not

yet dissolved at the time the Personnel Act comes into force, the previous

law applies.

* Transitional Provision for the Amendments of May 1, 2016

1 For contentious personnel law proceedings that are pending upon the entry into force of these

amendments, the previous law shall apply until the

legally binding conclusion of the proceedings.

2 In all other respects, the amendments shall apply to all existing employment relationships

from the date of entry into force.

* Transitional Provision for the Amendments of May 1, 2022

1 Employees who, since January 1, 2021, have taken a paternity leave of

two weeks will receive full salary continuation in accordance with Article 19a.

2 Employees who, since July 1, 2021, have taken a care leave will receive

full salary continuation in accordance with Article 19b.

3 Full salary continuation requires that the employee is in an

undetermined employment relationship with the Canton at the time the amendments of May 1, 2022, come into force.

Execution

1 The Government Council or the Administrative Commission of the courts is entrusted with the execution.

Repeal of Existing Law

1 With the entry into force of this Act, all conflicting provisions are

repealed, in particular the resolution of May 5, 1963

concerning the payment of cost-of-living allowances to pensioners and former

savings members of the Civil Servants' and Teachers' Insurance Fund.

Amendment to Existing Law

1 With the entry into force of this Law, the following laws shall be amended:9)

1. Dieses Gesetz tritt auf den 1. Juli 2002 in Kraft.