Kanton Glarus (PV)

Subject Matter and Scope of Application

1 This Ordinance governs the employment relationship of employees in addition

to the Personnel Act and the Salary Ordinance.

2 It applies to all employees of the Canton, unless specific provisions stipulate

otherwise.

3 Persons employed by the Canton are considered to be those employed under the Personnel

Act in the cantonal administration, the courts, and the independent

public-law cantonal institutions and corporations.

1. Pauschalspesen Fahrzeugentschädigung gemäss Artikel 100

| | | | | | --- | --- | --- | --- | | a. | Kilometerentschädigung für Dienstfahrten: | | |

| | | | | | --- | --- | --- | --- | | | 1. | mit dem Privatauto: 70 Rp./km; | |

| | | | | | --- | --- | --- | --- | | | 2. | mit dem Motorrad: 35 Rp./km; | |

| | | | | | --- | --- | --- | --- | | | 3. **\*** | mit dem Elektro-Bike: 20 Rp./km; | |

| | | | | | --- | --- | --- | --- | | b. | pauschale Entschädigung für Wildhüter: Festlegung Departement Bau und Umwelt; | | |

| | | | | | | | --- | --- | --- | --- | --- | --- | | c. **\*** | ... | | | | |

2. Weitere Pauschalspesen gemäss den Artikeln 97 und 105

| | | | | | --- | --- | --- | --- | | a. | Verpflegungspauschale bei angeordneten dienstlichen Abwesenheiten: | | |

| | | | | | --- | --- | --- | --- | | | 1. | Frühstück: 8 Fr.; | |

| | | | | | --- | --- | --- | --- | | | 2. | Mittagessen: 25 Fr.; | |

| | | | | | --- | --- | --- | --- | | | 3. | Abendessen: 25 Fr.; | |

| | | | | | --- | --- | --- | --- | | b. | Verpflegungspauschale für Mitarbeitende Strassenunterhaltsdienst und Wildhüter: 160 Fr./Monat; | | |

| | | | | | --- | --- | --- | --- | | c. | Vergütung für die Haltung eines Diensthundes (Polizei, Wildhüter): 1800 Fr./Jahr. | | |

1. Pauschale Pikett- und Inkonvenienzentschädigung gemäss den Artikeln 88 und 89

| | | | | | --- | --- | --- | --- | | a. **\*** | Sozialdienst: | | 40 Fr./Tag; |

| | | | | | --- | --- | --- | --- | | b. **\*** | Staatsanwaltschaft: | | 50 Fr./Tag; |

| | | | | | --- | --- | --- | --- | | c. **\*** | Umwelt und Energie: | | 40 Fr./Tag; |

| | | | | | --- | --- | --- | --- | | d. **\*** | Wildhüter: | | 200 Fr./Monat für Pikettentschädigung, 200 Fr./Monat für Nacht- und Sonntagsarbeit; |

| | | | | | --- | --- | --- | --- | | d1. **\*** | Fischereiaufseher: | | 120 Fr./Monat für Nacht- und Sonntagsarbeit; |

| | | | | | --- | --- | --- | --- | | e. **\*** | Winterpikett Strassenunterhalt: | | 30 Fr./Tag; |

| | | | | | --- | --- | --- | --- | | f. **\*** | Bereitschaftsdienst Lawinenzentrale (für die Monate November bis April): | | 200 Fr./Monat; |

| | | | | | --- | --- | --- | --- | | g. **\*** | Gefängnisaufsicht: | | 30 Fr./Tag; |

| | | | | | --- | --- | --- | --- | | h. **\*** | unvorhersehbare Arbeitseinsätze (Naturereignisse, Unfälle) ausserhalb der üblichen Arbeitszeit Strassenunterhalt: | | 30 Fr./Tag; |

| | | | | | --- | --- | --- | --- | | i. **\*** | Informatik: | | 40 Fr./Tag. |

1a An Wochenenden und Feiertagen erhöhen sich die Tagespauschalen gemäss Absatz 1 um 10 Franken pro Tag.

2. Lohnzuschläge gemäss Artikel 88

| | | | | | --- | --- | --- | --- | | a. **\*** | angeordnete Abend- und Nachtarbeit (zwischen 20 und 6 Uhr): 8.50 Fr./Stunde; | | |

| | | | | | --- | --- | --- | --- | | b. **\*** | angeordnete Arbeit an Samstagen, Sonn- und Feiertagen: 8.50 Fr./Stunde. | | |

1. Folgende Arbeitsverhältnisse können dem Obligationenrecht[[3]](#paragraphtext_content_fn_996283_2_3_c) unterstellt werden

| | | | | | --- | --- | --- | --- | | a. | Lehr- und Praktikumsverhältnisse; | | |

| | | | | | --- | --- | --- | --- | | b. | Aushilfspersonal mit einer befristeten Anstellung bis zu einem Jahr. | | |

2. Der Regierungsrat kann weitere befristete Anstellungen dem Obligationenrecht unterstellen.

1. Maximalbeträge für personelle Ereignisse mit dienstlichem Charakter gemäss Artikel 114a

| | | | | | --- | --- | --- | --- | | a. **\*** | Personalanlässe und weitere Massnahmen zugunsten des Personals: 150 Fr. pro angestellte Person und Jahr; | | |

| | | | | | --- | --- | --- | --- | | b. | Eintrittsgeschenk: 50 Fr.; | | |

| | | | | | --- | --- | --- | --- | | c. | Dienstjubiläum ab dem vollendeten 10. Dienstjahr alle 5 Jahre: Mittagessen, Apéro oder dergleichen mit der vorgesetzten Stelle: 150 Fr. insgesamt; | | |

| | | | | | --- | --- | --- | --- | | d. | Dienstjubiläumgsgeschenk ab dem vollendeten 20. Dienstjahr alle 5 Jahre: Kosten für Apéro und Geschenk, organisiert durch die Hauptabteilung Personal und Organisation; | | |

| | | | | | --- | --- | --- | --- | | e. | Pensionierungsgeschenk: 300 Fr.; | | |

| | | | | | --- | --- | --- | --- | | f. **\*** | längere Krankheit oder Unfall: 80 Fr. für Karte und Geschenk; | | |

| | | | | | --- | --- | --- | --- | | g. | Todesfall einer angestellten Person: Kosten für Kondolenzschreiben, Todesanzeige, Spende und Kranz (in Rücksprache mit der Staatskanzlei). | | |

Job Advertisement

1 The job advertisement is based on the job description and the requirements profile.

2 A position is considered publicly advertised if it is published at least in the Official Gazette of the Canton.

1) GS II A/6/1

2) GS II C/1/1

3) SR 220

SBE 2017 12

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3 Exempt from the duty of public advertisement is a

a. temporary employment for up to one year;

b. position with an employment level below 30 percent;

c. position filled internally;

d. position filled by appointment;

e. position filled with an own apprentice who is seeking a position after completing their apprenticeship.

4 The Human Resources and Organization Division is responsible for advertising positions to be filled within the cantonal administration. *

Access to Positions

1. Employment relationships established by election for a term of office can only be filled by persons with Swiss citizenship.

Hiring Authority

1. The Government Council is responsible for the hiring of the following functions

a. Council Secretary;

b. Department Secretaries;

c. Deputy Council Secretary;

d. Heads of Main Divisions;

e. Management and deputies of cantonal schools;

f. Management of independent public-law institutions and corporations of the Canton.

2. For the hiring of all other functions, the Departments, the State Chancellery, and the governing bodies of the independent public-law institutions and corporations of the Canton are responsible.

Employment Contract

1 The employment relationship is deemed to have been established when the employment contract has been signed by the appointing authority and the person to be employed.

2 The contract shall name the contracting parties and regulate at least

a. the commencement and duration of the employment relationship;

b. the function or area of work;

c. the organizational integration;

d. the degree of employment;

e. the salary;

f. the place of work;

g. the duration of the probationary period.

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Probationary Period

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1 For fixed-term employment relationships of up to one year, or in cases of internal transfers to a different function or organizational unit, the probationary period may be waived or a shorter probationary period may be agreed upon.

2 If the absence during the probationary period exceeds one-sixth, it shall be extended by the duration of the absence.

3 For personnel elected by the District Administrator, a probationary period shall be waived.

2.2. Rights of Employees

2.2.1. Protection of Personality

Health and Personal Protection

1 The Canton shall take suitable and appropriate measures for health pre-

vention and for the protection of employees from physical and psycho-

logical impairment, in particular from sexual harassment, addiction,

mobbing, and discrimination.

2 In the event of an inability to work due to illness or accident, it shall exhaust

all sensible and appropriate possibilities to reintegrate the sick or injured

employee back into the work process as quickly as possible.

3 The Human Resources and Organization Department shall be responsible

for coordination and communication with other parties involved, particu-

larly with doctors, therapeutic professionals, counselling centers, and

insurance companies. It may obtain, process, and disclose the necessary

personal data for this purpose. *

Legal Assistance

1 The authority responsible for personnel decisions decides on the assumption

of costs for legal disputes that arise for the employee from unjustified attacks by third

parties in connection with the performance of duties.

2 If it emerges from the legal dispute that the employee acted culpably, the

authority responsible for personnel decisions may reclaim the costs in whole or in part.

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2.2.2. Holidays

Vacation Duration

1 The annual vacation entitlement for employees is

a. up to and including age 49 and for apprentices: 26 days;

b. from age 50 up to and including age 59: 27 days;

c. from age 60: 30 days.

2 The calendar year in which the age is reached is decisive.

3 If the employment relationship begins or ends during the calendar year, the

vacation duration shall be calculated proportionally to the period of employment.

Taking and Carrying Over Vacation

1 The taking of vacation must be agreed upon with the superior in good

time. The wishes of employees will be considered, provided that operations

are ensured.

2 Vacation should generally be taken in full weeks, with at least one period

of two consecutive weeks.

3 Vacation must be taken in the calendar year in which the entitlement

arises. A maximum of ten vacation days may be carried over to the

following year. These must be taken by the end of April of the following

calendar year.

4 The superior determines the carrying over of

a. a higher number of vacation days or a longer period for taking them;

b. into the long-term account (Art. 77).

Financial Compensation, Recoupment

1 Financial compensation for holidays is only possible if the holidays cannot be taken by the time of departure due to service-related reasons or illness or accident.

2 If an employed person has taken more holidays than they are entitled to, a corresponding salary reduction will be made by the Human Resources and Organization Department or, if possible, a corresponding reduction of the holiday entitlement in the following calendar year. *

3 Surviving dependants of a deceased employed person are entitled to financial compensation for the holiday balance up to a maximum of 25 days; after five years of service, up to a maximum of 50 days.

Offsetting Sickness and Accident Days

1 Holiday days that are affected by sickness or accident may be taken

subsequently if their purpose of recreation is frustrated.

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2 Incapacity for work due to sickness or accident during holidays must be

reported to the superior authority and substantiated with a doctor's certificate

attesting to the incapacity for work from the first day.

3 If holidays are taken during partial incapacity for work due to sickness or

accident, they count in full.

Reassessment Due to Absences

1 In the event of an incapacity to perform work for more than 60 working days per

calendar year due to accident, illness, military, civil defense, fire department, civil

alternative service, or recruit school, the holiday entitlement will be reassessed

in proportion to the duration of employment during the calendar year.

2 In the event of absences due to unpaid leave of more than 20 working days per

calendar year, the holiday entitlement will be reassessed in proportion to the

duration of employment during the calendar year.

Holiday Entitlement for Hourly Wages

1 The employee with an irregular workload who is employed on an hourly wage basis receives their holiday and public holiday pay together with their wages.

2 The Human Resources and Organisation Department determines the percentage amount of the wage supplement, dependent on the number of holidays and public holidays, as a percentage of the wage. *

3 The amount of the holiday and public holiday pay will be stated as a percentage in the employment contract and on the payslips.

**2.2.3. Paid and Unpaid Leave**

Short Absences

1 The employee is entitled to paid leave for the following events

a. two days for their own marriage;

b. five days for adoption;

c. three days upon the death of spouses, own children, or parents;

d. one day for change of residence.

2 The employee is entitled to paid leave for the following events if they unavoidably fall within working hours and the leave is taken in direct connection with the event

a. one day for the marriage of own children, siblings, or parents;

b. one day upon the death of relatives by blood or marriage or other close persons;

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c. up to five days per year for voluntary, leading, supervisory, or advisory activities within the scope of extracurricular youth work in a cultural or social organization, as well as for the necessary initial and continuing training for this purpose;

d. up to three days per year for participation or active involvement in cultural or sporting events of national or international importance;

e. up to three days per case for the illness of own children or for the illness of family members requiring care, if assistance cannot be provided by another person;

f. one day for job searching in connection with the termination of the employment relationship;

g. the time required for breastfeeding during the first year of life of own children, but not more than the time according to Article 60 paragraph 2 of Ordinance 1 to the Labor Act;

h. up to four days for the duration of military recruitment and inspections, including the mandatory orientation day.

3 The authority responsible for personnel law decisions shall decide on appropriate increases in special cases.

4 These provisions apply mutatis mutandis to employees in registered partnerships and de facto cohabitation.

Unpaid Leave, a. in General

1 Provided that operational needs permit, the authority responsible for personnel

decisions may grant unpaid leave.

2 The payment of contributions to the pension fund during unpaid

leave is governed by the provisions of pension fund law.

3 In the event of continuous unpaid leave of more than 30 calendar

days, accident insurance coverage ceases. The employed person has the

option to conclude an extended coverage agreement.

4 The insurance coverage of the daily sickness allowance insurance is governed

by the insurance conditions. A transfer to individual insurance

is not possible.

5 The payment of child and education allowances during unpaid

leave is governed by the Ordinance on Family Allowances.

Unpaid Leave, b. Birth of Own Children

1 If the employment relationship is continued after the birth, the employee may take unpaid leave following the paid maternity leave.

4) SR 822.111

5) SR 836.21

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2 The employee may take unpaid leave of up to four weeks within one year of the birth of his or her own child. The 13th monthly salary can be used for this purpose.

3 The granting of unpaid leave may only be refused by the authority responsible for personnel decisions if serious operational reasons speak against it.

Holidays, Non-Working Days

1 In addition to Sundays, employees are entitled to the following paid holidays

a.

New Year’s Day;

b.

Epiphany;

c.

Good Friday;

d.

Easter Monday;

e.

Ascension Day;

f.

Whit Monday;

g.

1st August (National Holiday);

h.

All Saints' Day;

i.

Christmas Day;

j.

St. Stephen's Day.

2 In addition to Saturdays, employees are entitled to the following paid non-working days

a.

Berchtoldstag;

b.

Christmas Eve;

c.

New Year's Eve.

3 Holidays and non-working days cannot be taken at a later date. If they fall within the holiday period, they do not count as holiday days.

2.2.4. Personnel Development

Vocational Education and Training

1 Vocational education and training shall be promoted at all levels, to the ex-

tent that this is in the interest of the Canton.

2 The Canton shall ensure an appropriate and targeted education and train-

ing program.

Responsibilities

1 The line manager plans the professional development of the employee

with the employee.

2 The employee has no right to attend a training or further education

course of their choosing.

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3 Attending external training or further education events during working

hours requires approval from the line manager. The line manager may

order attendance at training and further education events.

4 The Human Resources and Organization Department offers training or

further education events for employees. Attendance at individual events

may be declared mandatory. *

Training and Further Education Costs

1 Training and further education costs include

a. Educational costs such as enrollment, seminar, and examination fees, costs for teaching materials;

b. Wage costs incurred for the duration of absence from the workplace during ordinary working hours in connection with training or further education, including the pro rata 13th month's salary and social benefits, but excluding compensation for special work performance;

c. Expenses incurred in connection with training or further education.

Cost Assumption

1. For individual education or training that is in the mutual interest of both parties, the Canton may assume up to 70 percent of the training costs.

2. For individual education or training that is predominantly in the interest of the Canton, it may assume up to 100 percent of the education or training costs.

3. Decisions regarding cost assumption are made by

a. up to 7,000 Swiss Francs, the Head of Department;

b. up to 7,000 Swiss Francs, for Heads of Departments and Department Secretaries, the Head of the Department;

c. from 7,000 Swiss Francs, the Head of the Department;

d. from 30,000 Swiss Francs, the Government Council or the Administrative Commission of the Courts.

4. Only effectively incurred costs may be assumed.

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Tied Service Period

1 If the training or further education costs covered by the cantonal administration within the framework of individual training or further education exceed 7,000 Swiss francs, this triggers a tied service period. This period is determined as follows

a. 7,000 to 30,000 Swiss francs: 2 years;

b. over 30,000 Swiss francs: 3 years.

2 The tied service period begins upon completion of the training or further education.

3 For mandatory training or further education, the authority responsible for cost coverage may waive the tied service period.

Further Training Agreement

1 An individual education or further training, which triggers a retention period with a repayment obligation, must be agreed upon in writing between the body responsible for covering the costs (Art. 23) and the employee, in agreement with the Human Resources and Organization Department. *

2 The further training agreement regulates the details of the education or further training. It is prepared by the Human Resources and Organization Department. *

Obligation to Reimburse

1 If the employee terminates the employment relationship before the start of the commitment period, they must reimburse all education and training costs effectively borne by the Canton.

2 If the employee terminates the employment relationship before the expiry of the commitment period, they are obliged to repay the portion of the effectively borne costs exceeding 7000 Swiss Francs. The obligation to reimburse is reduced proportionally with each full month worked during the ongoing commitment period.

3 In case of non-commencement or discontinuation of further training, or in case of non-commencement or failure of the examination, all education and training costs effectively borne by the Canton must be reimbursed.

4 The repayment can be offset against salary claims.

Waiver of Reimbursement

1 The authority responsible for personnel decisions may, in cases of hardship,

waive the full or partial reimbursement of amounts owed under Article 26

paragraphs 1 and 2.

2 A case of hardship is deemed to exist if the employment relationship is

terminated by the employee due to unforeseen family obligations,

illness or accident, a financial emergency, or other reasons pertaining

to their person, which make the fulfillment of the employment obligation

appear unreasonable.

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3 Reimbursement may also be waived if the termination of the employment

relationship by the employee is based on reasons not pertaining to their person,

provided that they are not at fault.

4 The provision applies mutatis mutandis to the waiver of reimbursement in

cases under Article 26 paragraph 3 and upon termination of the employment

relationship by mutual agreement.

Assumption of Repayment Obligations

1. When a person is newly employed, the employing authority may partially or fully assume the proven reimbursement costs owed by the employed person to their former employer, if the underlying education or training for which the costs were incurred is beneficial for the employment with the Canton.

2. For the assumption of costs from CHF 10,000 upwards, the Cantonal Council or the Administrative Commission of the Courts shall decide.

3. When assuming a repayment obligation, the provisions of Articles 24 and 25 shall apply mutatis mutandis.

Absences due to Further Training

1 The following can be fully credited towards working hours

a. ordered initial and further training;

b. initial and further training offered by the Human Resources and Organization Department;

c. external initial and further training that is predominantly in the interest of the Canton.

2 The crediting of individual initial and further training, which triggers a commitment period with a repayment obligation, is governed by the further training agreement.

3 Full-day absences are credited for a maximum of 8 hours and 24 minutes.

Performance and Development Dialogue

*

1 Before the end of the probationary period and thereafter at least once a year, the superior bodies conduct a meeting with their employees. The subject of the discussion is primarily the professional and personal development of the employee, as well as the assessment of performance and conduct. *

2 It forms the basis for personnel law measures and decisions. *

3 If the employee does not agree with the outcome of the discussion, they may request a meeting with the next higher superior body. *

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4 The Human Resources and Organisation Department provides suitable instruments and issues the corresponding guidelines. It may be called upon for a mediation discussion. *

2.2.5. Reporting Rights

Workplace Conflicts

1 In the event of workplace conflicts such as sexual harassment or mobbing,

as well as disputes arising from the employment relationship, employees may

contact their superiors.

2 If the superior does not react appropriately to the report or is an unreasonable

point of contact, employees may approach the reporting and contact point,

provided that neither a personnel measure has been ordered nor notice of

termination has been given.

3 The reporting and contact point receives reports and advises the employee.

The reports remain confidential. At the employee's request, it will assess the

report for the attention of the body responsible for personnel decisions and

accompany the employee through further proceedings.

Workplace Malpractices

¹ Employees are entitled to report to the Contact and Reporting Office any malpractices they have identified in the course of their official duties or which have been reported to them, if the superior authorities have not responded appropriately to the report or cannot reasonably be expected to act as points of contact.

² A malpractice specifically occurs when, in the exercise of official duties, statutory provisions are systematically disregarded, private interests are unduly pursued, or prescribed safety or control mechanisms are not complied with.

³ The Contact and Reporting Office shall evaluate the report and submit it to the competent supervisory authorities, ensuring the anonymity of the employee who made the report. It shall inform the employee about the forwarding of the report.

⁴ The forwarding of manifestly abusive reports, identifying the reporting employee, to the competent supervisory authorities is reserved.

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2.2.6. Further Rights

Participation

1 Employees generally exercise their social partnership rights of participation and co-determination through the staff associations and the staff representation.

2 The staff representation consists of seven members, who are elected by the staff associations for a term of four years. Furthermore, it constitutes itself.

3 The staff representation is consulted on changes to human resources regulations, is invited twice a year to meetings of the human resources commission, and performs other tasks assigned to it by the staff associations.

Work Reference

1 Employees may, at any time during the term of employment and upon termination of the employment relationship, request a work reference from their superior.

2 The work reference provides information about the nature and duration of the employment relationship and comments on performance and conduct.

3 Upon request, the reference must be limited to information about the nature and duration of the employment relationship.

4 The right to a vocational training certificate is governed by the provisions of the Code of Obligations.

Operational Suggestions

1. Employees may submit suggestions for the improvement of operations or for staffing. *

2. A bonus may be awarded for implemented suggestions. *

Mobile and Flexible Working *

1 Employees may, subject to the conditions of paragraph 2, perform their

work independently of location and time, provided that this is generally

limited to 50 percent of the contractual workload. *

2 Employees may agree to mobile and flexible working with the consent of

the Head of Department, the Clerk of the Council, or the respective President

of the Courts, if they: *

a. * have a workplace that allows them to perform their tasks in a

comparable manner to that at the official place of work;

b. * are not subject to any operational reasons to the contrary; and

c. * perform their work within the working time framework (Art. 59).

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3 The costs of the external workplace shall be borne by the employee. The

Canton may contribute to the costs within the framework of an agreement.

4 As a rule, employees have no claim to night or Sunday duty allowances.

2.3. Duties of Employees

2.3.1. General Service Duties

Duty of Loyalty

1 Employees must safeguard the interests of the Canton and refrain from anything that could impair them.

1. Die angestellte Person hat die Arbeit persönlich zu erfüllen.

Confidentiality Obligation, Production of Files

1 The confidentiality obligation does not apply to matters in which there are no public interests or no legitimate interests of third parties in maintaining secrecy.

2 The authority responsible for personnel decisions determines the release from official secrecy for participation in civil, criminal, or administrative proceedings. The obligation to obtain authorization continues beyond the termination of the employment relationship.

3 The authority responsible for personnel decisions determines the production of official files in civil, criminal, or administrative proceedings.

Prohibition on Accepting Gifts

1 Gifts in the form of goods and services, monetary payments, remunerations,

discounts, or other monetary benefits are considered gratuities and

other advantages.

2 The prohibition on accepting gifts does not apply to

a. third-party employee benefits decided upon or approved by the

Government Council;

b. preferential terms agreed upon by professional organizations for

their members;

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c. courtesy gifts of minor value within socially customary limits.

3 The employee shall report to their superior if gratuities or other advantages,

scientific or cultural awards are offered to them, particularly if the

gratuities are connected with a procurement or decision-making process

or if there is doubt about the impairment of independence.

4 The superior shall decide on further action.

Invitations

1 Employees decline invitations if their acceptance could impair their independence or ability to act, particularly in connection with a procurement or decision-making process.

2 In cases of doubt, the employee clarifies with their superior whether they may accept the invitation.

2.3.3. Ancillary Activities, Incompatibility

Notification and Authorization Requirements

¹ Employees with an employment level of at least 50 percent must report the nomination, acceptance, or exercise of public offices and the following secondary occupations

a.

b.

c.

Leadership and board activities in political parties, foundations, and associations;

Board of directors mandates;

Paid secondary occupations.

² Irrespective of the employment level, employees must report the nomination, acceptance, or exercise of public offices and secondary occupations if conflicts of interest cannot be ruled out.

³ In addition to the exercise, the termination of secondary activities must also be reported.

⁴ The following reported secondary activities require authorization

a.

b.

c.

All public offices;

Foundation board and board of directors mandates;

Paid secondary occupations which, together with employment by the Canton, amount to a time commitment of more than 48 hours per week;

d.

Secondary occupations if conflicts of interest cannot be ruled out;

e.

Secondary occupations if working hours are used for their exercise.

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The authority responsible for personnel decisions approves or denies the exercise of secondary occupations or public offices.

1. Nebenbeschäftigungen oder die Ausübung öffentlicher Ämter sind in der Freizeit zu verrichten. Die dafür aufgewendete Zeit ist nicht an die bezahlte Arbeitszeit anrechenbar.

2. Davon ausgenommen ist die Mitwirkung in externen Behörden, Kommissionen oder anderen Institutionen, wenn die Tätigkeit zur Funktionsausübung gehört oder wenn die angestellte Person die Tätigkeit als Vertretender des Kantons im Sinne von Artikel 21 des Regierungs- und Verwaltungsorganisationsgesetzes[[6]](#paragraphtext_content_fn_996406_2_6_c) ausübt. Die dafür aufgewendete Zeit gilt als Arbeitszeit, die dafür erhaltenen Honorare und Vergütungen sind dem Kanton abzuliefern, davon ausgenommen sind Sitzungsgelder und Spesen.

3. Wird für Nebenbeschäftigungen oder die Ausübung öffentlicher Ämter ausnahmsweise bezahlte, nicht durch Mehrarbeit kompensierte Arbeitszeit beansprucht, sind die dafür erhaltenen Honorare und Vergütungen abzuliefern.

4. Für die Ausübung bewilligter öffentlicher Ämter wird bezahlter Urlaub von bis zu zehn Tagen pro Kalenderjahr gewährt. Bei der Festlegung der Höhe des bezahlten Urlaubs sind die effektive zeitliche Beanspruchung und die Höhe der Vergütung, welche für die Ausübung des öffentlichen Amts ausgerichtet wird, zu berücksichtigen.

Incompatibility with the Cantonal Council Mandate

1. In addition to the employees listed in Article 28, paragraph 1 of the Personnel Act, the following employees of the Chancellery of State may not be members of the Cantonal Council

a. the legal clerks of the Legal Service;

b. the Secretary of the Cantonal Council.

2.3.4. Other duties

1. Arbeitsabsenzen infolge Krankheit und Unfalls sind der vorgesetzten Stelle unverzüglich zu melden.

2. Arbeitsabsenzen infolge Krankheit und Unfalls von mehr als fünf Arbeitstagen sind mit einem Arztzeugnis zu belegen. In begründeten Fällen kann die vorgesetzte Stelle schon vor Ablauf von fünf Tagen ein Arztzeugnis verlangen.

3. Die Lohnfortzahlung bei Arbeitsverhinderung infolge Krankheit oder Unfalls kann von einer vertrauensärztlichen Untersuchung abhängig gemacht werden.

4. Die Hauptabteilung Personal und Organisation kann jederzeit nach Rücksprache mit der vorgesetzten Stelle oder auf Veranlassung der vorgesetzten Stelle eine vertrauensärztliche Untersuchung anordnen.

Resumption of Work

1 The employed person

a. actively participates in initiated measures for the resumption of

their previous activity or for reintegration into another gainful

employment;

b. takes all reasonable precautions to reduce the duration and extent

of the work incapacity;

c. informs their supervisor of the time and extent of the anticipated

and definitive resumption of work.

2.4. Termination

Special Termination Periods and Dates

1 Unless contractually excluded, a fixed-term employment relationship may be terminated with one month's notice, effective at the end of a month.

Termination by the Employee

1 The termination of the employment relationship by the employee must be communicated in writing to the superior position.

Reaching Retirement Age, Retirement on Health Grounds

¹ For teachers at cantonal schools, the employment relationship ends without notice at the end of the semester or school year in which they reach the ordinary retirement age.

² In the case of retirement on health grounds, the employment relationship ends without notice at the latest at the end of the month in which the disability insurance office issues its decision.

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Early Retirement, a. Contribution to the Pension Fund

1. If a hardship case exists, the Canton may wholly or partially offset the reduction in pension fund benefits resulting from lost premium payments until the ordinary retirement age is reached, through a one-time contribution to the pension fund.

2. If the Canton orders early retirement, the compensation under paragraph 1 must be made regardless of whether a hardship case exists.

3. The authority responsible for personnel law decisions shall decide on the compensation for the reduction in pension fund benefits caused by early retirement and on the order for early retirement.

Early Retirement Pension, b. Bridging Pension

1. If a case of hardship exists, the canton may pay a bridging pension until the ordinary OASI retirement age is reached, amounting to 80 percent of the maximum single OASI old-age pension.

2. For the calculation of the amount, the average degree of employment over the last five years is decisive.

3. Bridging pensions are subject to contributions in accordance with Article 7 letter q of the Ordinance on Old-Age and Survivors' Insurance. Contributions become due at the time of early retirement. The employed person assumes their own contributions for OASI and UI.

4. The bridging pension shall be reduced insofar as the total income, resulting from claims against third parties or from substitute employment, together with benefits from pensions and provident funds, exceeds 90 percent of the former income.

5. Recipients of bridging pensions are obliged to report the commencement of new gainful employment or gainful employment exceeding the previous scope, and the earned income thereby obtained, to the Main Department for Human Resources and Organization.

6. The authority responsible for personnel law decisions shall decide on the payment and any potential reduction of the bridging pension.

Flexible Early Retirement

1 The canton may fully or partially contribute to the pension fund contributions of employees who opt for partial or gradual retirement between the ages of 60 and 65, and who continue their pension provision with the pension fund based on their previous insured salary.

2 There is no entitlement to the granting of partial or gradual retirement or to the financial contribution by the canton.

7) SR 831.101

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3 The contribution is limited to the pension fund contributions resulting from the difference between the previous insured salary and the insured salary derived from the currently reckonable annual salary.

4 The authority responsible for personnel decisions shall decide, taking into account operational needs. It shall determine the degree and timing of the partial or gradual retirement and any potential continued employment beyond the ordinary retirement age, in agreement with the employee concerned, and shall fix the amount of the financial contribution.

Deferred Retirement

1 Continued employment after reaching the age limit takes place within the framework of a fixed-term employment contract.

2 Service periods rendered after reaching the age limit are not credited.

Abolition or Adjustment of the Position

1 The severance payment under Article 46a paragraph 1 of the Personnel Act is calculated in monthly salaries without allowances and determined by the hiring authority within the following framework, based on personal circumstances

| Years of Service | 5-9 | 10-19 | 20-29 | 30+ |

|------------------|-------|-------|-------|-------|

| Age 35-39 | 0-3 | 2-5 | 3-6 | 5-8 |

| Age 40-49 | 2-5 | 3-6 | 4-7 | 7-10 |

| Age 50-60 | 3-6 | 4-7 | 6-8 | 8-12 |

| Age 60+ | 5-7 | 6-8 | 7-10 | 8-12 |

2 Personal circumstances to be considered include, in particular, the employee's actual support obligations, their chances on the labour market, their financial circumstances, and the circumstances of the job loss.

3 Additional cost contributions for retraining or professional reorientation constitute an exception. They may not exceed the equivalent of three monthly salaries.

Compensation for Unlawful Termination

1 If an appeals body deems a termination unlawful according to Article 55a paragraph 1 letter a of the Personnel Act, it determines the amount of compensation.

2 For the assessment of compensation, it particularly considers

a. the severity of the infringement of personal rights;

b. the severity of the misconduct;

c. age and social situation;

d. the duration of employment;

e. previous performance and conduct;

f. the degree of contributory fault.

3. Working Hours

3.1. General Provisions

Principles

1 The time spent on work performance must be aligned with the requirements of the tasks to be fulfilled. The interests of external and internal clients take precedence over the interests of the team, and the interests of the team take precedence over those of individual employees.

2 Working time regulations may be restricted for operational reasons or in cases of abuse.

Target Working Hours

1 Subject to special statutory regulations, the target working hours for full-time employment are 8 hours and 24 minutes (8.4 hours) per day.

2 The Human Resources and Organization Department calculates the annual and monthly target working hours, taking into account public holidays and non-working days, and announces these in advance.

Working Time Models

1 Provided that operational needs allow, employees with a workload of at least 80 percent and with the prior consent of their superior can choose one of the following working time models: *

| Variant | Salary as a percentage of workload * | Compensation days |

|---|---|---|

| 1 | 98.0 | 5 |

| 2 | 96.0 | 10 |

| 3 | 94.0 | 15 |

| 4 | 92.0 | 20 |

2 The chosen model is valid for one calendar year. Unless otherwise decided, it remains unchanged in the following year, but for a maximum of three years.

3 When a model with an annual salary of less than 100 percent of the workload is chosen, the Canton shall cover the employer's contributions to occupational pension schemes for the difference between the actual annual salary and the contractual annual salary for a maximum of three years. *

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Working Time Framework

1 Insofar as no fixed deployment schedules exist, work is to be performed from Monday to Friday between 06:00 and 20:00.

2 Work performed exceptionally on Saturdays and Sundays, as well as outside the daily time frame or at home, may be credited towards working hours with prior approval from the superior authority.

3 Working hours may not exceed 12 hours per day and 60 hours per week. Exceptions for operational reasons shall be decided by the superior authority.

4 For employees in management positions, employees with on-call duty, and other functions designated by the authority responsible for personnel decisions, work may also be performed outside the working time framework.

Accessibility

1 The departments, the State Chancellery, and the courts shall ensure the general accessibility of their organizational units to the public from Monday to Friday between 08:00 and 12:00 and between 13:30 and 17:00, and on Thursdays until 17:30. *

2 On days preceding public holidays and public rest days, accessibility must be ensured until 16:30.

3 Counter opening hours may be structured differently from the general accessibility pursuant to paragraphs 1 and 2, with the consent of the department, the State Chancellery, or the courts. *

Breaks

1 The lunch break is at least 30 minutes.

2 Work breaks countable as working time amount to 15 minutes per half-

working day.

3 The lunch break and additional smoking breaks are not counted as working

time.

Time Recording

1 Employees must record their working hours and absences electronically

using the designated system.

2 Exceptions are decided by the authority responsible for personnel law decisions.

3 The supervisory body responsible for time recording, as well as the

Human Resources and Organization Department, may inspect the

time recording data at any time. *

4 The control, approval, and retention of time recording data are governed

by the guidelines of the Human Resources and Organization Department. *

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3.2. Absences

Paid Absences

¹ For absences due to illness, accident, holidays, or paid leave, the effective absence, up to a maximum of the daily target working hours, is creditable to working hours.

² Part-time employees with fixed schedules can credit the planned working hours for the respective day for full-day absences due to illness, accident, or paid leave.

³ In acute cases where a doctor's visit is necessary, or when major interventions are required that compel the employee to cease work, or for follow-up treatments after illness or accident, the time needed is creditable to working hours as illness or accident, respectively, provided a corresponding medical certificate is presented.

⁴ For participation in staff events, the daily target working hours are credited, up to a maximum of 8 hours and 24 minutes.

⁵ For participation in short-duration staff events, a maximum of one hour can be credited as working time.

Unpaid Absences

1 Absences for private reasons or participation in events of a predominantly non-business nature are not considered working hours. *

2

*

Field Service / External Assignments

1 For required work assignments outside the usual place of work, the

actual time spent will be credited as working hours.

2 Travel time between the usual place of work and the assignment location is considered working hours. If the

assignment location is closer to the employee's place of residence, travel time

from the place of residence to the assignment location will be credited as working hours.

3.3. Forms of Working Hours

3.3.1. Flexible and Fixed Working Hours

Flexible Working Hours

¹ For all full-time and part-time employees who are not bound by fixed

working hours, the annual working time model applies (Arts. 68

to 72).

² If operational needs require it, the superior may exceptionally order the

monthly working time model.

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³ Part-time employees determine their work assignments on individual weekdays

with their superior. The agreed deployment plan usually remains unchanged

during the calendar year.

Fixed Working Hours

1. Fixed working hours are indicated if the organizational unit, due to operational reasons

a. is bound by service or deployment schedules or shift work;

b. cannot otherwise ensure the provision of services.

2. Working hours are set in advance in deployment schedules in consultation with the employee. Employees are bound by the working hours specified therein.

3.3.2. Annual Working Hours

Purpose

1 Annual working hours are intended to adapt working hours to fluctuations in workload during the year, as well as to the different needs of employees.

Work Performance, Time Off in Lieu

1 The annual target working time can be rendered in less than twelve months.

2 The attendance and absences of employees, as well as the timing and extent of time off in lieu, must be agreed upon between the supervisory body and the employee.

3 Time off in lieu can be taken consecutively.

4 For managing working hours during the year, the Human Resources and Organization Department provides supervisory bodies with a control system (traffic light system) which, depending on the current time balance, foresees various phases with different measures.

Remuneration

1 Remuneration shall be paid monthly in equal installments.

Time Balance and Carry-Over

1 The time balance is the positive or negative difference between the target

working hours and the actually performed working hours of a year.

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2 The accounting period corresponds to the calendar year. Superiors

may determine a different accounting period for operational reasons.

3 A positive or negative time balance of a maximum of +/- 60 hours may

be carried over to the new calendar year.

4 The part of the time account exceeding + 60 hours at the time of account settlement

lapses without remuneration.

5 The part of the time account exceeding - 60 hours at the time of account settlement

is generally to be offset by a wage deduction.

Termination of Employment Relationship

1 Before termination of the employment relationship, a positive or negative

time balance must be settled.

2 A positive time balance expires on the last day of employment without compensation.

3 The authority responsible for personnel decisions may exceptionally

approve compensation if settlement of the positive time balance was not possible

until the last day of employment due to operational reasons, illness, or accident.

4 A negative time balance on the last day of employment leads to a corresponding

salary deduction or the reclamation of overpaid salary.

3.3.3. Monthly Working Hours

Work Performance

¹ The annual target working hours must be performed proportionally on a monthly basis.

² Employee attendances and absences must be agreed upon between the supervisor and the employee.

Time Compensation

1 The time balance results from the daily creditable working hours less the daily target working hours.

2 A positive time balance must be compensated on an hourly basis.

3 If operational needs permit, it can be compensated with leisure time in half-day or full-day increments, with the approval of the superior authority.

4 Half-day or full-day compensation is limited to a maximum of 25 full working days per calendar year.

Time Transfer, Termination of Employment

1 The transfer to the next month may not exceed +/- 60 hours.

2 Upon termination of the employment relationship, Article 72 applies mutatis mutandis.

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3.4. Long-Term Account

Subject

1 The long-term account is a personal working time account for accumulating time credits.

2 It is available to all employed persons who are permanently employed by the Canton on a monthly salary.

3 The long-term account must be agreed upon in writing with the authority responsible for personnel decisions, and for persons employed by the Government Council, with the Head of Department or the State Chancellor (or their respective deputies).

4 The agreement regulates the accumulation period as well as the type and period of use of the time credits.

Accumulation

1 The long-term account can be accumulated over a period of at least three and at most five calendar years through

a. Conversion of loyalty bonuses into days off (Art. 107);

b. Uncompensated overtime in days (Art. 71 and Art. 74);

c. Unused vacation days (Art. 11).

2 The accumulation with vacation days requires that at least four weeks of the annual vacation entitlement have been taken.

3 The maximum permissible balance is 50 days.

Use

1 The accumulated time credit must be used no later than three years after the end of the accrual period for

a. attending individual education or training;

b. temporary reduction of the employment level with constant pay;

c. early retirement.

2 Long-term employees on a monthly salary can take paid long-term leave with the accumulated time credit from their completed 10th year of service, provided there are no operational reasons to the contrary.

Termination of Employment Relationship

1 Before the termination of the employment relationship, the time credit must be balanced.

2 A positive time credit lapses on the departure date without compensation.

3 The authority responsible for personnel decisions may exceptionally approve compensation if balancing the time credit was not possible by the departure date due to operational reasons or illness or accident.

4. Remuneration

4.1. Classification of Positions

Job Evaluation

1 The evaluation of functions according to Article 7 of the Salary Ordinance is carried out according to the following criteria

a. * 전문적 요구사항 (professional requirements);

b. * 의사소통 및 사회적 역량 (communication and social skills);

c. operational personnel management;

c1. * 상위 인사 관리 (higher-level personnel management);

d. * 업무의 복잡성 (complexity of tasks);

e. ...

f. * 행동의 자유 및 전문적 책임 (scope of action and professional responsibility);

g. * 신체적 및 정서적 부담 (physical and emotional strain);

h. * 환경적 영향 (environmental influences).

2 The assessment of the criteria is based in particular on the job description and the organizational classification.

3 The job evaluation is carried out by the evaluation team (Art. 120); the classification of the job into salary bands based thereon requires the approval of the Government Council or the administrative commission of the courts.

4 The Human Resources and Organization Department is responsible for the procedure. *

Review of Job Classification

1 The employee may, once a year and with effect from the next calendar year, submit a reasoned request to the authority responsible for personnel decisions for a review of the job classification.

2 The authority responsible for personnel decisions shall consider the request if the circumstances have significantly changed since the last classification of the position. If this is the case, it shall forward the request together with the new job description to the Human Resources and Organization Department for review in accordance with Article 80. *

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3 A review of the job classification shall be undertaken ex officio if

a. an existing position is affected by organizational changes;

b. the allocation of duties permanently deviates so significantly upwards or downwards from the function of the position that it equates to a different, higher- or lower-value function;

c. a function that has been performed by an individual for many years is newly filled.

Vested Rights

1. In the event of a lower classification according to Article 8 of the Salary Ordinance, the monetary vested right shall be granted for three years.

2. During this period, no salary increases shall be paid out.

3. If, after three years, the salary is not within the salary band, the monetary salary shall be reduced to the maximum of the salary band into which the position is classified.

4.2. Salary Determination

Initial Salary

1 When determining the initial salary, non-professional experiences and knowledge to be considered include, in particular, life experience, leadership experience, as well as special knowledge and skills in education, care, and counseling.

Annual Salary Determination

1 The annual determination of employee salaries by the Head of Department

or the Administrative Commission of the Courts is based, in particular, on

a. the funds available for the salary round;

b. any general salary increase;

c. the salary level in internal and external cross-comparison;

d. past salary development;

e. performance;

f. further specifications from the Government Council.

2 Employees whose employment relationship with the Canton begins after August 1st,

who are in a terminated employment relationship, or who

have more than 180 days of absence from the workplace, will generally not

be granted a salary increase.

3 The Human Resources and Organisation Division determines the salaries of apprentices,

including special allowances, material allowances, and bonuses, as well as the

salaries of interns. *

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4.3. Salary Components

4.3.1. Salary Payment Dates, Salary Calculations

Wage Payment Dates

1. Wages are generally paid by the 25th of the month, and in December by the 20th.

2. The 13th month's salary is paid in two equal installments in June and December.

Wage Calculation for a Partial Period

1. For an entry during the month, the pro-rated monthly salary, including the pro-rata 13th month salary, shall be paid from the contractual start date of employment.

2. For a departure during the month, the pro-rated monthly salary, including the pro-rata 13th month salary, shall be paid up to the contractual termination date.

4.3.2. Performance Bonuses

Amount

1 The employee may be paid an annual performance bonus of between 200 and 3000 Swiss francs in cash or in kind.

2 Performance bonuses shall be paid immediately after the performance has been rendered or the special commitment has been made.

3 The departments and the State Chancellery as well as the Administrative Commission of the Courts are responsible for payment.

4 They may also grant up to three paid leave days instead of a bonus.

**4.3.3. Inconveniences**

1. Die angestellte Person, die ausserhalb des Arbeitszeitrahmens (Art. 59) angeordnete Abend- und Nachtarbeit oder Samstags- und Sonntagsarbeit (inkl. Feiertage) leistet oder ihre Arbeit im Schichtdienst erbringt, hat Anspruch auf eine Zulage pro Arbeitsstunde.

2. Die Höhe der Zulage richtet sich nach dem Anhang.

3. Anstelle der Zulage pro Arbeitsstunde können Pauschalen gemäss Anhang ausgerichtet werden.

4. ...

On-Call Duty

1. An employee who performs ordered presence or on-call duty with a certain regularity over a longer period outside the working hours framework (Art. 59) is entitled to an inconvenience allowance.

2. The amount of the allowance is determined according to the annex.

3. Supervisory personnel are not entitled to additional remuneration. Exceptions are regulated in the annex.

Capture and Alignment

1 The inconvenience allowance is generally paid monthly. *

2 These must be recorded in accordance with the instructions of the Human Resources and Organisation Department and reported to them in good time for payment. *

Police Officers and Security Assistants

1 The entitlement of police officers and security assistants of the Cantonal

Police to inconvenience compensation is governed by the provisions of the

Ordinance on the Remuneration of Inconveniences for the Cantonal Police).

4.3.4. Social Allowances

Child and Education Allowances

1 Claims for child and education allowances must be submitted in writing to the Main Department of Human Resources and Organisation. *

2 Should the entitlement to child and education allowances cease, this must be reported to the Main Department of Human Resources and Organisation without delay. *

Special Family Allowance

1 Employees who are already receiving a child or education allowance from the cantonal administration will have the special family allowance automatically disbursed by the Human Resources and Organization Division. Other employees must apply for it specifically. *

2 Changes in eligibility must be reported immediately to the Human Resources and Organization Division. Claims reported belatedly will be met retrospectively for a maximum of five years. *

8) GS VA/11/4

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3 The following may be credited against the special family allowance paid by the cantonal administration

a. Allowances from other employers directly subject to the Personnel Act;

b. Allowances from other employers not directly subject to the Personnel Act, which are equivalent to the special family allowance.

4.4. Expenses

4.4.1. Principles

Types

1 The canton shall only reimburse expenses incurred by employees which are absolutely necessary for the performance of official duties and are actually incurred as additional costs.

2 Expenses include outlays for

a. subsistence;

b. accommodation;

c. business trips;

d. communication;

e. service and protective clothing.

3 Further, officially justified expenses shall be reimbursed, provided they are substantiated by receipts.

4 In justified cases, lump-sum expense allowances may be paid in accordance with the appendix or different lump-sum amounts may be agreed upon.

### Recording and Approval

1. Employees of the cantonal administration shall record expenses in accordance with the specifications of the Human Resources and Organisation Department and submit them together with the supporting documents. *

2. Payments are generally made monthly. *

Control

1 The control of expense reports is governed by the guidelines of the Human Resources and Organization Department. *

2 It centrally files the expense reports with the receipts and is authorized to review the submitted expense reports for their plausibility and legality. *

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4.4.2. Meals and Accommodation

Catering

1 The amount of remuneration for catering is determined by the Annex.

2 The claim for remuneration for breakfast exists only if breakfast had to be taken away from home due to official duties or if there was a preceding overnight stay, provided that breakfast is not already included in the costs for accommodation.

3 If catering is already included when participating in an event, conference, or similar, it cannot be claimed separately.

### Accommodation

1 Expenses for accommodation will be reimbursed if arrival on the preceding day is necessary, or if return travel on the day of arrival is no longer possible or no longer appears reasonable.

2 For overnight stays, middle-class hotels should generally be chosen. The determination of a special daily rate remains reserved, especially for multi-day business trips.

### 4.4.3. Business Trips

Public Transport

1 Public transport should be used for business trips whenever possible.

2 The actual costs of 2nd class public transport will be reimbursed for business trips.

3 For business trips of superior personnel of the cantonal administration at the level of departmental secretariat, main division, and division, the actual costs of 1st class public transport will be reimbursed. This also applies to employees if they accompany them.

4 Employees may claim a proportionate amount of the costs for privately purchased public transport season tickets as expenses if these are used for business trips and thereby the total expense compensation can be reduced.

5 A Half-Fare travelcard must be purchased if it can reduce the total travel reimbursements.

Private Vehicles

1 The main departments and divisions of the cantonal administration determine which employees must use their private motor vehicle for official journeys.

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2 Kilometre allowances are paid for official journeys with private motor vehicles in accordance with the appendix.

3 … *

4 All claims for the use of the private motor vehicle are settled with the kilometre allowance.

5 A service journey comprehensive insurance policy exists for the assumption of damage incurred to the private motor vehicle during official journeys.

Foreign Travel

1 For business trips abroad, actual expenses can be claimed, unless a specific daily allowance has been set.

4.4.4. Communication

Private Communication Facilities

1 Employees are entitled to reimbursement of fees for official calls and transmissions made from their private communication facilities.

Mobile Telephony

1 The procurement of operationally necessary mobile phones and the participation of the Canton in the acquisition costs of private mobile phones used by employees of the cantonal administration for official purposes shall be governed by the Directive on the Use of Business Mobile Telephony.

2 For official matters, the Canton may cover the monthly subscriptions and call charges up to an amount of 75 Swiss Francs, in accordance with the Directive on the Use of Business Mobile Telephony. The portion exceeding this amount will be invoiced to the employees monthly.

4.4.5. Service and Protective Clothing

Service and Protective Clothing

1 If service or protective clothing or the wearing of a uniform is prescribed for the fulfillment of duties, employees are entitled to reimbursement of the acquisition and maintenance costs.

2 Instead of reimbursement, the Canton may procure and issue the clothing itself according to internal guidelines and specifications, and ensure its maintenance.

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4.4.6. Other Expenses

Service Dogs

1 The Canton pays a quarterly lump sum for the costs of keeping service dogs in accordance with the Annex.

**4.5. Loyalty Bonus**

Bases for Calculation

1 For an employed person with a fluctuating degree of employment, the degree of employment relevant for calculating the loyalty bonus is determined by the average of the last five years.

2 The most recent entry into service with the Canton is decisive.

3 In the event of re-entry, previous years of service are credited. Excluded from this are training periods such as apprenticeships, schools, and internships.

Conversion into Vacation Days

1 Instead of the cash amount, the superior authority may grant the employee,

upon request, a paid leave of five days.

2 After two years, any unused vacation shall lapse without compensation.

Termination of Employment

1 If the employment relationship ends after more than ten years of service due to reaching the age limit, early retirement, or retirement for health reasons, the loyalty bonus will be paid pro rata.

4.6. Continued Salary Payment

Deductible Wage / Recognizable Wage

1 For an employed person with a fluctuating degree of employment, the

wage recognizable for continued wage payment is calculated based on the

average of the last six months.

2 The inconvenience allowances for special services rendered regularly and for a

certain period, according to Article 88, form part

of the wage recognizable for continued wage payment.

3 Furthermore, for continued wage payment during maternity leave

according to Article 24 of the Personnel Act, the provisions concerning

maternity compensation in the federal legislation on the

Income Compensation Scheme apply mutatis mutandis.

9) SR 834

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Failure to Take Up Position

1 Employees who are unable to take up their position due to illness or accident will receive full salary for a period of one month.

Reduction or Discontinuation

1 The authority responsible for human resources decisions may reduce or

discontinue salary continuation in the event of incapacity for work due to illness or accident

a. if the insurer has reduced or discontinued its benefits;

b. if the illness or accident is attributable to gross negligence on the part

of the employee;

c. in the event of a breach of cooperation obligations according to Article 46

or the refusal of an examination by a trusted medical professional

pursuant to Article 45.

Third-Party Benefits

1 The employed person must report to the Human Resources and Organization Department

the alignment of any insurance benefits and those from liable

third parties in case of illness or accident.

2 Such benefits must not result in any financial advantages for the employed person.

They are to be offset against the canton's continued salary payment.

3 The Human Resources and Organization Department may, within the framework of continued

salary payments, assert claims against third parties and make these claims independently and directly.

Recruit School, Voluntary Services, Firefighting Service

1 During recruit school, salary continuation amounts to 100 percent.

2 During voluntarily rendered services, such as in particular transportation

services, salary continuation amounts to 90 percent of the salary.

3 During firefighting service, full salary is paid. Firefighting service includes

firefighting and rescue operations, but not fire drills.

Loss of Earnings Compensation

1 Employees are entitled to reimbursement of loss of earnings compensation

a. during individual services on Saturdays, Sundays and public holidays or during leisure time;

b. for services during holidays.

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2 The reimbursement of loss of earnings compensation must be claimed from the Main Department

Personnel and Organization. *

4a. Personnel events of an official character *

* Amounts

1 For personnel events of an official nature, the departments, the State Chancellery, and the courts have a maximum of the amounts listed in the Annex at their disposal.

2 For personnel events of an official nature not listed in the Annex, no amounts can generally be claimed. Exceptions are decided by the head of the department or the State Chancellor or the respective presidency of the courts.

3 For personnel events of a predominantly non-official nature, no amounts can be claimed.

5. Staff Pension Scheme

1. Die Angestellten sind nach den Bestimmungen des Bundesgesetzes über die Unfallversicherung[[10]](#paragraphtext_content_fn_996599_2_10_c) gegen die Folgen von Berufs- und Nichtberufsunfall versichert.

2. Die Prämien tragen

| | | | | | --- | --- | --- | --- | | a. | der Kanton für die Berufsunfallversicherung; | | |

| | | | | | --- | --- | --- | --- | | b. | der Kanton und die Angestellten je hälftig für die Nichtberufsunfallversicherung. | | |

3. ...

the Canton for occupational accident insurance;

the Canton and the employees, each by half, for non-occupational accident insurance.

Daily Sickness Allowance Insurance

1 To cover the loss of earnings arising from incapacity for work due to illness, the Canton shall take out daily sickness allowance insurance for its employees.

2 The Canton shall bear the premiums.

3 The benefits shall be determined by the insurance contract.

10) SR 832.20

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Benefits in Case of Death

1. Upon the death of an employee, benefits in accordance with Article 18 of the Salary Ordinance shall be paid in the following order to the following survivors

a. Spouse or registered partner;

b. Partner from a de facto partnership;

c. Relatives in the direct line of ascent or descent, or siblings, who were regularly supported;

d. Foster children and foster parents who were regularly supported;

e. Other persons who were regularly supported by the deceased person on the basis of legal provisions or judicial decisions.

6. Human Resources

Personnel Commission

1 The Personnel Commission consists of two members of the Government Council and one representative of the courts.

2 The member of the Government Council responsible for human resources chairs the commission.

3 The Head of the Human Resources and Organization Division participates in the meetings in an advisory capacity and keeps the minutes. The Head of Legal Services may be consulted.

Contact and Reporting Office

1 The tasks of the external Contact and Reporting Office shall be performed by a person designated by the Government Council or their deputy, on the basis of a service agreement.

2 The designated person and their deputy must not be in an employment relationship with the Canton.

3 They shall personally carry out their mandates and fulfil their function, in particular by providing advice and issuing recommendations.

4 The Contact and Reporting Office is administratively assigned to the Department of Finance and Health and shall submit an annual report on its activities to the Government Council.

Assessment Team

1 The assessment team according to Article 80 is composed of representatives of the Human Resources and Organization Division, the departments and the State Chancellery, as well as the courts. *

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2 It may engage further persons for the assessment.

Central Department for Human Resources and Organization, a. Position and Tasks*

1 The Central Department for Human Resources and Organization is the expert body for all personnel matters. It ensures a uniform application of personnel law. *

2 It collaborates with the administrative units of the cantonal administration and the courts, supports them through consultation and other services, and prepares contracts and human resources decisions for them. In detail: *

a. ensures the further development of cantonal personnel law;

b. guarantees efficient human resources processes;

c. ensures the timely and correct processing of personnel and payroll transactions;

d. creates and offers needs-based tools for time recording and for human resources development and management;

e. plans and organizes internal education and training;

f. ensures efficient human resources data and position management;

g. supports employees and supervisors in assessing general and individual human resources questions;

h. is responsible for apprenticeships;

i. drafts reports and statements within its area of expertise and responsibility;

j. conducts controlling.

3 The Central Department for Human Resources and Organization collaborates with the independent public-law institutions and corporations of the canton, whose employment relationships are subject to the Personnel Act, in accordance with service agreements. *

Main Department for Human Resources and Organization, b. Powers*

1 The Main Department for Human Resources and Organization has full rights of access and information regarding all human resources matters of the administrative units of the cantonal administration.*

2 The Main Department for Human Resources and Organization may report to the next higher supervisory authority if it comes to the view that enforcement actions or decisions are not in accordance with human resources regulations. The Government Council or the Administrative Commission of the Courts shall make a final decision.*

3 It makes independent decisions where it is declared competent by law or ordinance, and issues directives and guidelines within its area of expertise.*

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Storage and Destruction of Personal Data

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1 Personal data of employees who have left the cantonal administration must be destroyed no earlier than five years and no later than ten years after their departure.

2 Personal data of applicants must be returned or destroyed within six months if they are not hired.

3 The Human Resources and Organization Division maintains a central personnel file for each employment relationship.

4 The personnel files shall include, in particular, documents prepared in connection with

a.

b.

c.

d.

e.

f.

g.

h.

* Applications;

* Conclusion of contracts and contract amendments;

* Salary and insurance;

* Employment references;

* Ancillary activities;

* Education and training;

* Personal and professional qualifications;

* Personnel and supervisory law disputes, measures, procedures, and decisions.

**Data Processing and Access**

1 The Main Division for Human Resources and Organization and the directly superior positions process the data in the personnel systems that they require to fulfil their duties. *

2 Employees can process and view their own data, and supervisors can process and view the data of their employees, in the central personnel systems, to the extent that they are granted access rights.

3 The Main Division for Human Resources and Organization determines the access rights as well as the type and scope of the authorisations. *

4 If employees transfer within the cantonal administration to another administrative unit, the access authorisation to the personnel systems for all data concerning that person shall be withdrawn from the former administrative unit and transferred to the new administrative unit.

**7. Final and Transitional Provisions**

Implementation

1 The Human Resources and Organization Department shall take the necessary

measures for implementation. *

2 Employees must report their secondary activities to the Human Resources

and Organization Department in accordance with Article 42 by December

31, 2017, at the latest, using the corresponding form. *

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1. Die Bestimmungen über die Feiertage und arbeitsfreien Tage (Art. 19) sowie die Arbeitszeit (Art. 56-79) sind erst ab dem 1. Januar 2018 rechtswirksam. Bis dahin richtet sich die Regelung der Arbeitszeit nach den Bestimmungen der Verordnung über die Arbeitszeit der Kantonsangestellten vom 28. September 2004 (Stand 1. Januar 2016)[[11]](#paragraphtext_content_fn_996631_2_11_c).

2. Die Bestimmungen über die Entlöhnung (Art. 80-93), die Treueprämie (Art. 106-108), die Leistungen im Todesfall (Art. 117) und über das Bewertungsteam (Art. 120) werden mit Inkrafttreten der neuen Lohnverordnung rechtswirksam. Bis dahin gelten die Bestimmungen der Verordnung über die Entlöhnung der Behördenmitglieder sowie des Staats- und Lehrpersonals vom 21. November 2007 (Stand 1. Januar 2016)[[12]](#paragraphtext_content_fn_996632_2_12_c), der Verordnung über den Vollzug der Lohnverordnung vom 2. Juli 2009 (Stand 1. September 2014)[[13]](#paragraphtext_content_fn_996632_2_13_c) sowie der Verordnung über die Entschädigung von Spesen und Inkonvenienzen vom 19. März 2013 (Stand 1. Juli 2016)[[14]](#paragraphtext_content_fn_996632_2_14_c).

1. Angestellte Personen mit einem Pensum unter 100 Prozent können eine Arbeitszeitvariante gemäss Artikel 58 Absatz 1 erstmals per 1. Juli 2024 wählen.