Personnel Ordinance (PV) - Personnel Policy (PV)

1. The Canton maintains an innovative, team- and goal-oriented corporate culture as an employer. Dedicated and ambitious employees are offered challenging tasks and interesting working conditions.

2. The employees, in turn, contribute to ensuring that the Canton’s mandate is fulfilled economically, timely, and with the required quality.

3. Expectations regarding performance, behavior, and the goals to be achieved are clearly communicated.

4. The Canton addresses the constantly changing requirements. It is aware of the high demands this places on employees. The treatment of employees is characterized by respect, social responsibility, and the respect for personal integrity, including protection against sexual harassment, bullying, and discrimination.

5. Great importance is placed on targeted promotion. The principle of equal opportunity is the guideline for daily actions.

6. The Canton promotes gender equality. It offers conditions that are conducive to pay equality and the compatibility of work and private life, such as flexible working hours, opportunities for part-time work, job sharing, remote work, and mobile working, as well as financial support for third-party childcare.

7. The Canton addresses the challenges of a resource-conserving administration, avoiding negative environmental impacts as much as possible. As part of a corporate mobility management, the sustainable and environmentally friendly organization and handling of official and commuting traffic is promoted.

8. The Canton promotes the equality of the cantonal official languages. It offers conditions that are conducive to the representation and use of the cantonal official languages.

1. Vacant positions are advertised according to the directives of the government.

2. The appointment authority may, after consulting the Personnel Office (PA), refrain from a public job advertisement in the following exceptional cases

a) for internal promotions or suitable internal applications;

b) when there are surplus suitable applications for another advertised position that can be taken into account;

c) when it intends to fill a position through appointment procedures;

d) when reorganizations justify it;

e) when in a time constraint, provided a qualitatively suitable appointment can be ensured;

f) when an employment relationship is not intended to be permanent or involves a small workload;

g) when its own trainees are seeking a position after completing their apprenticeship.

1. Probationary periods of up to six months may be agreed upon in the employment contract

a) * for heads of departments, their deputies, and secretaries-general;

b) * for positions that require specific training to be completed during the course of the employment relationship;

c) * for positions that require extended orientation due to special demands.

2. If there are impediments to work performance due to illness, accident, maternity, or the fulfillment of a legal obligation for more than one-sixth of the probationary period in total, this period shall be extended by the duration of the absences.

1. Termination by employees is effected through written notification to the department.

2. ...

3. Termination by the canton is effected through a decision stating the reasons and the legal remedy.

1. If the appellate authority considers a termination to be abusive or unjustified, it determines the amount of compensation.

2. The assessment of compensation shall particularly take into account

a) the severity of the infringement on the personal rights of the terminated individual;

b) the severity of the misconduct by the terminating party;

c) the duration of employment of the terminated individual;

d) the age and social situation of the terminated individual;

e) the past performance and conduct of the terminated individual;

f) any contributory negligence on the part of the terminated individual.

1. A permanent change in the scope of work must be recorded in the employment contract.

2. Within the framework of the employment contract, the office and the employee may agree on a temporary change in the scope of work at any time.

4. The appointing authority may order the advanced retirement in accordance with Article 15, Paragraph 2 of the Personnel Act (PG).

6. In the continuation of the employment relationship pursuant to Article 15, Paragraph 4 of the Personnel Act (PG), the temporary nature must be recorded in the employment contract.

1. The adjustment or termination of an employment relationship pursuant to Article 16, paragraph 1 PG is decided by the competent authority according to Article 63 PG in consultation with the PA. It is effected in accordance with the documentation of the IV procedure, at the earliest on the last day of the month following their receipt by the PA.

2. The mutual adjustment or termination of an employment relationship pursuant to Article 16, paragraph 2 PG is decided by the competent authority according to Article 63 PG in consultation with the PA. In the case of an anticipated continuing partial incapacity to work, the employment relationship can be terminated if an adjustment is not possible or not reasonable.

1. The decision to abolish positions is made by the department.

2. The costs for retraining the affected employees should generally not exceed six months' salary in individual cases.

1. In the event of retirement in the interest of the canton pursuant to Article 15, paragraph 2 PG, or in the event of the termination of the employment relationship pursuant to Article 17 PG, the severance payment is generally determined cumulatively as follows

a) for 10 to 20 years of service, 1 month's salary;

1. for 21 to 30 years of service, 2 months' salary;

2. for 31 or more years of service, 3 months' salary;

b) at ages 41 to 50, 1 month's salary;

1. at ages 51 and 52, 2 months' salary;

2. at ages 53 and 54, 3 months' salary;

3. at ages 55 and 56, 4 months' salary;

4. at age 57, 5 months' salary;

5. at age 58, 6 months' salary;

6. at age 59, 7 months' salary;

7. at age 60, 8 months' salary;

8. at age 61, 6 months' salary;

9. at age 62, 4 months' salary;

10. at age 63, 2 months' salary;

c) for support obligations towards 2 persons, 1 month's salary; for support obligations towards 3 or more persons, 2 months' salary.

2. For the recognition of support obligations in accordance with paragraph 3, letter c, the same criteria apply as for the Special Social Allowance.

1. The payment order for the monthly salaries must be issued by the 25th of each month, and by the 20th in December.

2. For wages based on effort, the payment order is generally issued

a) on the 25th of the month, if the new entry records or disbursement lists are received by the Payroll Management Department by the 14th of the month;

b) on the 10th of the month, if the new entry records or disbursement lists are received by the Payroll Management Department by the 31st of the previous month.

1. In cases of employment commencement during the month, the proportional monthly salary shall be paid from the contractual start date of employment.

2. In cases of termination during the month, the proportional monthly salary shall be paid up to the day before the next possible working day.

3. The daily rate shall be considered as one-thirtieth of the monthly salary.

4. In other cases, the entitlement to salary or salary deduction for individual days or hours shall be calculated based on the annual average and shall be determined, including holiday compensation, as follows

a) per working day, one twenty-first of the monthly salary;

b) per working hour, one eighth point four of the daily salary.

1. For the job evaluation according to Article 21, paragraph 2 PG, the following factors are considered

a) the technical requirements;

b) the communication requirements;

c) the leadership requirements;

d) the complexity level of the tasks;

e) the scope of responsibility;

f) the scope of action;

g) the physical demands;

h) the environmental influences.

2. The evaluation of individual functions according to the criteria in paragraph 1 results in an analytically and systematically determined value that determines the objective classification of positions into function classes.

3. The employment authority, in agreement with the personnel office, is responsible for classifying the functions into function classes.

1. Requests for the review of job classifications into different salary classes are generally to be submitted to the PA via official channels by the end of April, including reasons and the new job description.

2. Decisions regarding reclassification to higher or lower salary classes are made by the appointing authority according to Article 63 PG after consulting the PA.

3. The new classification is generally effective from the beginning of the following calendar year.

4. If a position is reclassified two or more salary classes lower without the employee's influence, the monetary status quo is generally maintained for a maximum of five years. If the reclassification is less than two salary classes lower, the monetary status quo is granted indefinitely.

5. In the cases referred to in paragraph 4, cost-of-living adjustments and real wage increases are withheld until the salary, based on the new classification, reaches the guaranteed amount.

6. If ensuring operational tasks requires regular and long-term substitution of the direct superior with full decision-making authority, the appointing authority may grant a salary class after consulting the Personnel Department.

1. If the assignment of tasks deviates from the requirements according to the job evaluation, the department may, after consulting the HR, assign an employee to a position above or below the functional class using the bandwidth model. The alignment above may only result in one pay grade difference.

2. Changes in classification according to the bandwidth model must be cost-neutral. To demonstrate cost compensation, lower classifications, unoccupied positions, and unutilized position percentages can be considered. Lower classifications according to Article 16 cannot be used for compensation.

3. A decision on cross-departmental cost compensation is made by the department after consulting the HR.

1. The minimum wage for full-time employment is 3000 Swiss Francs per month. Employees who are at the beginning of their career, are to be reintegrated into the workforce, or have not completed any further education after compulsory schooling may be exempt from this provision.

1. **Considerations for Salary Determination of New Employees**

For the determination of salaries for new employees, the following are taken into consideration: education, professional and life experience, as well as specific skills and expertise in education, care, and organization. An internal comparison, industry standards, and labor market conditions are additional criteria.

2. **Recognition of Previous Work Duration Post Required Training for the Position**

a) Up to 15 percent of the minimum of the salary grade for professional experience up to 10 years will typically be credited.

b) Up to 30 percent of the minimum of the salary grade for professional experience between 11 and 20 years will typically be credited.

c) Up to 38 percent of the minimum of the salary grade for professional experience of more than 20 years will typically be credited.

1. The PA determines the salaries of the teaching staff as well as the interns.

2. The department, after consulting the PA, determines the remuneration of the police trainees during their schooling.

1. If the employment relationship does not last the entire year, the 13th month's salary is paid on a pro-rata basis. In the event of death, the 13th month's salary is calculated up to and including the month of death.

2. The departments may, after consulting with the HR department, reduce, cancel or suspend the 13th month's salary. Orders for the preparation of decisions must be submitted to the HR department by the end of September.

3. The 13th month's salary is paid to apprentices and interns under the same conditions as to other employees.

1. The functional allowance according to Article 26, Paragraph 1 of the PG is generally granted only for the period of task expansion exceeding three months.

2. If the tasks are permanently expanded to such an extent that they are equivalent to a higher-level function, a reclassification into a higher salary grade must be considered.

1. Benefits in the Event of Death According to Article 27 Paragraph 2 PG are Granted to

a) the spouse;

b) the registered partner;

c) the regularly supported relatives in the direct line or siblings;

d) the regularly supported foster children or foster parents;

e) other persons who were regularly supported by the deceased employee as evidenced by statutory provisions or court decisions.

1. The entitlement to child allowances must be asserted in writing to the competent authority. The cessation of the entitlement must be communicated in a timely manner.

1. One-third of the costs for third-party childcare are reimbursed to the employees.

2. The decisive factor is the cost of third-party childcare that is deducted from the cantonal income tax according to the final assessment. For employees who are liable to tax in another canton or are taxed at source, a maximum amount applies, corresponding to the (indexed) maximum deduction under Article 36, Paragraph 1, Letter l of the Tax Law for the Canton of Graubünden applicable in the respective year. Employees who are taxed at source must provide proof of the relevant costs.

3. Contributions for the calendar year in which the employment relationship begins or ends are reduced in accordance with the duration of employment.

4. Contributions under this provision must be applied for at the HR department, stating the deduction according to the final tax assessment. The HR department reviews the applications and disburses the contributions. The HR department may consult the relevant tax authorities and request the relevant information from the final tax assessment.

1. The Special Social Allowance is granted to

a) Employees who are responsible for children for whom a child allowance is provided;

b) Other employees who, in accordance with legal provisions or court decisions, demonstrably support more than one eligible person.

2. In special cases, the department may, after consulting the PA, also grant the Special Social Allowance to other employees.

3. The Special Social Allowance must be applied for at the PA. Exceptions are cases in which a child allowance is received.

4. If the employment rate is less than 89 percent or in the case of unpaid leave of more than two weeks per year, the allowance will be reduced accordingly.

5. If two part-time employees receive the same Special Social Allowance, the total amount must not exceed the full allowance.

6. The Special Social Allowance is provided in full in the month in which the entitlement begins or ends. Changes in eligibility must be reported to the PA immediately. Late-reported claims can be retroactively fulfilled for a maximum of five years.

1. Child and household allowances are granted to agricultural employees subject to federal law, according to the same criteria that apply to other employees as specified in Articles 21 and 22.

1. Employees of the cantonal administration who find themselves in financial hardship, particularly due to health, family, or professional reasons, can be financially supported through the Personnel Welfare Fund. A financial hardship is deemed to exist particularly when basic living needs are not secured.

2. Financial support can be granted in the form of

a) Loans with interest of up to 10,000 francs by the PA and beyond that by the Department of Finance and Municipalities;

b) Interest-free loans of up to 10,000 francs or non-repayable contributions (A-fonds-perdu) of up to 4,000 francs by the PA and beyond that by the Department of Finance and Municipalities, if it is necessary due to special circumstances to alleviate the hardship.

3. Taking into account the basic living needs, the authority responsible according to paragraph 2 and the employee shall agree that the repayment installments of a loan will be deducted monthly from the salary, and with the last installment, the interest will also be deducted.

4. The Personnel Welfare Fund of the cantonal administration is managed by the PA. Applications for financial support should be directed to the PA and must include the information necessary for the assessment of the financial hardship. The PA forwards applications, which it cannot decide on its own, along with a report and a proposal concerning a repayment agreement to the Department of Finance and Municipalities.

5. Once a year, the Department of Finance and Municipalities sets the terms of interest.

1. If the commute to work of at least two kilometers is regularly traveled using private bicycles with or without electric assistance, or public transportation, a sustainability allowance of 300 Swiss Francs is granted annually, provided the employment relationship has lasted more than six months. If the budget credit is insufficient, the sustainability allowance is proportionately reduced for each employee.

2. In the case of part-time work, the sustainability allowance is reduced according to the extent of employment.

3. Employees with parking privileges under the ordinance on parking management of the cantonal administration shall not receive a sustainability allowance.

4. Sustainability allowances must be claimed at the office.

1. As a rule, only expenses are reimbursed that actually and necessarily occur as additional costs in the performance of official duties according to the provisions of this section.

a) * ...

b) * ...

c) * ...

d) * ...

e) * ...

2. Business trips should preferably be undertaken using public transportation, on foot, or by bicycles with or without electric assistance.

3. If it is more economical, practical, or efficient, business trips may be undertaken as follows

a) with vehicles provided or arranged by the canton;

b) with private vehicles;

c) with rented vehicles; or

d) with private transport providers (taxi, airplane).

4. In case of doubt, the superior decides which means of mobility may be used. If required for operational reasons, the office may authorize the regular use of certain means of mobility.

1. The compensation for a main meal amounts to 25 francs and is granted

a) for lunch, if departure occurs before 12:00 PM and return after 1:00 PM;

b) for dinner, if departure occurs before 5:30 PM and return after 8:00 PM.

2. Main meals taken on field service are compensated with 15 francs.

3. Breakfast is compensated with 10 francs, if departure occurs before 6:30 AM and return after 10:00 AM.

4. The compensation for an overnight stay with breakfast amounts to 100 francs.

1. Up to twelve Swiss Francs will be reimbursed for interim meals.

2. Interim meals can be claimed for reimbursement if the absence lasts more than

a) eleven hours and only one main meal is consumed;

b) seven hours and no main meal is consumed.

3. On the day of return, the duration of absence after 07:00 hours is decisive.

1. For business trips and job interviews, first-class train journeys and the actual costs of other public transportation are reimbursed.

2. Depending on the type and number of business trips with public transportation

a) * Half-fare or other suitable subscriptions are provided;

b) * Private subscriptions are appropriately reimbursed.

3. ...

2. Damages incurred during official trips using private vehicles will be covered according to the government's guidelines for damage settlement in motor vehicle accidents via the fund for uninsured risks of the cantonal administration and school operations. Requests must be submitted through the official channels to the Department of Finance and Municipalities.

1. For official journeys using private passenger cars, 70 cents per kilometer is reimbursed, and for those using private motorcycles, 30 cents per kilometer is reimbursed.

2. The department may, after consulting with the PA, approve higher rates in exceptional cases upon application by the service office, if the official journeys cause unusually high wear and tear on the vehicle due to special circumstances.

3. If private bicycles, with or without electric assistance, are regularly used for official journeys, an annual flat rate of up to 200 francs may be granted.

4. Parking fees are reimbursed based on expenses incurred.

1. If the place of meals or accommodation cannot be freely chosen or if the compensation rates are insufficient, documented expenses can be

a) claimed up to an additional amount of no more than 20 percent of the rates according to Article 26;

b) fully approved by the department.

2. The heads of departments or their representatives may charge extraordinary expenses for the invitation of external partners in significant matters to the canton. These expense claims must be documented, submitted separately, and approved by the department.

3. The department may, in special cases, after consulting with the Personnel Office, make exceptions. This applies, for example, to extended absences from the workplace for official purposes, when days off coincide with official absences, or for high expenses due to inspection activities.

1. Concerning operationally necessary telephone installations in private service premises and employees' residences, the department shall make the decision.

2. The canton shall cover the costs for ordered or approved telephone installations, the subscription fee, and charges for official calls.

3. ...

4. ...

5. The government shall establish lump-sum compensations for the official use of private telecommunications devices and designate the authority responsible for approvals.

1. Moving expenses include reimbursement for the pure transportation costs, including insurance premiums.

2. For other expenses, married employees are reimbursed up to 1300 francs, and other employees up to 650 francs.

3. In cases of hardship, the department may, after consulting the personnel office (PA), approve higher reimbursements.

4. The costs charged to the canton must be documented.

1. If private premises are provided for the fulfillment of official duties, the portion of the rent attributable to the premises, along with ancillary costs, will be reimbursed.

2. The compensation for official premises owned by the employee is determined according to local market conditions.

3. Upon request by the office, the PA shall determine the compensation.

4. These provisions do not apply to teaching staff at cantonal schools.

1. Private infrastructure or work equipment for home office and mobile work is generally not reimbursed.

2. In justified exceptional cases, flat-rate reimbursements for private infrastructure or work equipment can be agreed upon in consultation with the department and the HR department.

1. During basic military training and voluntary military services, the following applies

a) married employees and employees with legal or court-ordered support obligations receive 80 percent;

b) other employees receive 60 percent.

2. Voluntary military services can be approved by the department after consulting the HR department, provided there are no operational reasons against it.

3. Upon termination from cantonal service, wages received during promotional services lasting more than four months in total over the past two years must be reimbursed to the canton as follows

a) 50 percent in the first year;

b) 25 percent in the second year.

4. The reimbursement proportion pursuant to paragraph 3 is determined by the completion of the last promotional service and includes the basic salary, the functional and special social allowances, the 13th month's salary, and contributions to social institutions, less compensation for loss of earnings.

1. Employees are entitled to loss of earnings compensation

a) during individual services of a maximum of two days on Saturdays, Sundays, and public holidays or during leisure time;

b) for services during vacations.

2. In the cases referred to in paragraph 1, employees must claim back the loss of earnings compensation.

1. Sick leave must be reported to the office without delay.

2. Sick leave lasting more than five working days must be substantiated by a medical certificate. This certificate must specify the extent and expected duration of the inability to work. In justified cases, the office may require a medical certificate before the end of five working days.

3. The medical certificate must be submitted to the office for the attention of HR.

4. The office may order a medical examination by a trusted physician at any time after consulting with HR.

1. In the event of incapacity to work due to illness, the full salary, including all allowances, is paid for 730 days, but no longer than until the end of the employment relationship (continued payment of wages).

2. ...

3. The continued payment of wages is governed by the following principles

a) * The incapacity to work is assessed based on the extent to which official duties can be fulfilled. Articles 3 and 6 of the Federal Act on the General Part of Social Insurance Law apply mutatis mutandis;

b) * During partial incapacity to work, the respective days count as full days;

c) * In the event of renewed incapacity to work due to an illness (relapse), the continued payment of wages starts anew if there was full working capacity for at least six continuous months before the relapse;

d) * In the case of fluctuating work hours, one-twelfth of the salary paid in the 365 days before the onset of incapacity to work is decisive;

e) * If the incapacity to work is intentionally self-inflicted, the salary is reduced to half.

4. The benefits of the Daily Sickness Allowance Insurance (DSAI) are determined according to the Ordinance on Daily Sickness Allowance Insurance.

1. On the recommendation of a physician, the department may, after consulting the PA, grant paid recuperation leave typically for up to two weeks.

2. The same provisions apply to paid recuperation leave prescribed by a physician as to salary payments during illness.

1. The payment of wages during an accident for employees with fluctuating work schedules shall be calculated based on the average salary received in the twelve months preceding the work incapacity.

1. The premiums for occupational accident insurance are covered by the Canton. The premiums for non-occupational accident insurance are borne by the employees. For those insured with SUVA, the Canton covers the portion of the premiums that exceeds the premium for private UVG-insured persons.

2. If financial benefit arises from salary payment during illness or accident and from any insurance benefits, the salary is to be reduced accordingly.

3. If the accident is due to gross negligence by the employee, the department decides on a salary reduction upon the proposal of the PA.

4. If the compulsory accident insurance, the disability insurance, the Graubünden pension fund, or the military insurance subsequently grants a pension due to illness or accident, the Canton may request from the insurer that the pension be paid to the Canton up to the amount of its advance payment, or to the extent to which it paid salary during the period for which the pension is retroactively paid, according to Article 36 ff. PG.

1. In the event of incapacity to work due to pregnancy, Articles 38 and 39 paragraph 3 letter d shall apply mutatis mutandis.

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1. The savings contributions are distributed between the employees and the cantonal administration depending on age as follows

| BVG Age (Male/Female) | Total Contribution Percentage | Employees Percentage | Canton Percentage |

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

| 18-19 | 0.00 | 0.00 | 0.00 |

| 20-24 | 14.00 | 7.00 | 7.00 |

| 25-29 | 15.00 | 7.50 | 7.50 |

| 30-34 | 17.00 | 8.50 | 8.50 |

| 35-39 | 19.00 | 9.50 | 9.50 |

| 40-44 | 22.00 | 10.75 | 11.25 |

| 45-49 | 25.00 | 11.50 | 13.50 |

| from 50 | 27.50 | 11.50 | 16.00 |

| from 55 | ... | ... | ... |

1. The canton shall provide an additional savings contribution of four percent of the insured salary for the year 2021, according to the provisions of the Pension Fund Act (valid as of January 1, 2015), for employees who were eligible under Article 44a (status as of January 1, 2021) until December 31, 2021. The relevant salary is reduced correspondingly in the event of a reduction in working hours by at least 20 percent and is increased each January 1st by the cost of living adjustment decided by the government and any real wage improvements.

1. The Severance Compensation according to Article 40 PG is granted if an employee

a) is over the age of 50 upon departure, and

b) has worked for the canton for at least 20 years, and

c) is not, or pursuant to paragraph 4, is not sufficiently insured for pensions.

2. The Severance Compensation is determined as follows: (Years of Service / Age, Severance Compensation in Monthly Salaries)

| YS | 50 | 51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 | 60 | 61 | 62 |

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

| 20 | 2.0 | 2.5 | 3.0 | 3.5 | 4.0 | 4.5 | 5.0 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 |

| 21 | 2.5 | 3.0 | 3.5 | 4.0 | 4.5 | 5.0 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 |

| 22 | 3.0 | 3.5 | 4.0 | 4.5 | 5.0 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 |

| 23 | 3.5 | 4.0 | 4.5 | 5.0 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 |

| 24 | 4.0 | 4.5 | 5.0 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 25 | 4.5 | 5.0 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 26 | 5.0 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 27 | 5.5 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 28 | 6.0 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 29 | 6.5 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 30 | 7.0 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 31 | 7.5 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

| 32 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 | 8.0 |

3. In the case of stable employment extent, the last received monthly salary is decisive. In the case of varying employment extent, the monthly salary is determined by the average salary of the last two years prior to departure.

4. If the employee is insured for pensions, but the premiums paid by the canton to the pension fund do not cover the severance compensation pursuant to paragraph 2, the difference is owed.

5. If an employment relationship is terminated due to the culpable conduct of an employee, the entitlement pursuant to paragraph 2 is reduced by half.

1. For employees paid on an hourly basis, the holiday compensation is added to the wages and displayed as a single amount on the payslip.

2. The holiday compensation is determined as a percentage of the gross salary and amounts to the following based on the holiday entitlement

a) * five weeks: 10.64 percent;

b) * five and a half weeks: 11.83 percent;

c) * six weeks: 13.04 percent.

3. The gross salary includes all salary payments with the exception of the 13th month's salary and the length-of-service allowance in accordance with Article 42 paragraph 2 PG.

1. Up to ten additional vacation days can be acquired per calendar year.

2. The department shall inform the HR department of the number of additional vacation days and the payment modalities.

1. Vacation days impaired by illness, pregnancy, or accident may be taken at a later date if the purpose of rest and recuperation is thereby thwarted.

2. Compensation must be claimed with a medical certificate confirming the incapacity to work from the first day.

3. If vacation is taken during a period of partial incapacity due to illness, pregnancy, or accident, the vacation days count in full. This does not apply to the taking of individual vacation days.

4. These provisions do not apply to teachers at cantonal schools.

1. If absences from work due to illness, accident, military service promotion, recruit school, or civil service exceed eight weeks in total in a calendar year, the vacation entitlement will be reduced by half a day for each full week of absence beyond that period.

2. In the case of unpaid leave, vacation entitlement is to be reduced starting from the third week of absence from work, in accordance with the same rule as in paragraph 1. If the canton has an interest in the unpaid leave, the reduction may occur starting from the ninth week. The department decides after consulting the PA.

3. For other work absences, vacations are generally not reduced. Exceptions are decided by the department after consulting the PA.

4. These provisions do not apply to teachers at cantonal schools.

1. Generally, no more than five vacation days may be carried over to the following calendar year.

2. If taking vacation is not possible due to operational or other compelling reasons, the department may approve or order the carryover of up to fifteen vacation days.

3. The department, after consulting the personnel authority (PA), decides on the carryover of a higher number of vacation days.

1. **Exceptionally, if vacations cannot be taken for operational or other compelling reasons, the financial compensation shall be decided upon after consulting the PA:**

a) upon leaving the cantonal service, by the department;

b) during the employment relationship, by the department.

2. **Surviving dependents of employees are not entitled to financial compensation for remaining vacation balances.**

3. **At the time of departure, excess vacation taken can be offset against salary or reclaimed.**

1. The entitlement to seniority leave arises upon the completion of the relevant service year pursuant to Article 42 paragraph 1 PG and is based on the average workload of the last five years. In the event of re-employment within four years, previous service years and workloads shall be credited.

2. Seniority leaves must be taken within five years.

3. Teachers may also be granted seniority leave in the form of a reduction in the required number of teaching hours.

1. For the conversion of a service anniversary leave pursuant to Article 51 into an allowance, the basic salary, including any potential functional allowance, at the time of payment is decisive.

2. Employees paid on an hourly basis are granted service anniversary leaves in the form of an allowance, which corresponds to half a monthly basic salary after 10, 15, and 20 years of service, and a full monthly basic salary (excluding the 13th month's salary, vacation, and holiday compensation) from the 25th year of service onwards. Article 51, paragraph 1 applies mutatis mutandis, with the entitlement being based on the average salary of the last five years, and upon re-entry, previous years of service and salaries are credited. The allowance is paid in the month following the accrual of the entitlement.

1. The government presents employees with 20, 30, and 40 years of service with a gift as recognition for their long-term service. The employees are honored at a ceremony.

1. The departments may present a farewell gift to employees who are leaving after five completed years of service.

2. The value of the gift may not exceed 100 Swiss Francs after 5 years of service, 200 Swiss Francs after 10 years of service, and 400 Swiss Francs after 15 years of service.

3. The departments may reasonably increase these amounts in special cases.

1. The employee must report the commencement of maternity leave to the department for the attention of the HR with a medical certificate indicating the expected date of birth as early as possible.

2. Maternity leave begins on the day of birth

a) if the child is born viable; or

b) if the pregnancy has lasted at least 23 weeks.

2bis If the other parent dies within six months after the birth, the employee is entitled to an additional paid leave of 14 days within six months of the death.

3. ...

4. In the case of fluctuating work hours, the average salary received in the twelve months prior to the birth is decisive for the calculation of salary.

5. Unless there are serious operational reasons against it, the department grants unpaid leave upon request following the paid maternity leave.

6. The employee may terminate the employment relationship within one month after the birth to coincide with the end of the maternity leave.

1. Departments may grant employees up to ten unpaid leave days per calendar year. The number of approved days must be reported to the HR department for salary deduction once a year. Longer unpaid leaves must be communicated to the HR department in advance of taking the leave.

2. For unpaid leaves of up to ten working days, employees and the canton share the contributions to the pension fund. For a leave exceeding ten working days, the person on leave is responsible for both employer and employee contributions.

3. Unpaid leaves of up to six months are counted as years of service for service-related leave in accordance with Article 42 PG.

**1. Employees are entitled to paid leave for the following events:**

a) three days for their marriage;

b) one day for the marriage of their own children, siblings, and parents;

c) * 13 days within six months after the birth for parenthood;

c)bis * 13 days within one year after the adoption of a child;

c)ter * an additional 14 weeks for parenthood if the mother dies on the day of birth or within 14 weeks thereafter, in addition to the duration of any hospitalization of the newborn, however, a maximum of eight weeks will be considered;

d) three days upon the death of a spouse, own children, parents, and siblings;

e) * one day for moving house for an employment scope of 50 percent or more, half a day for an employment scope below that;

f) * three days for the necessary care of a family member with a health impairment, but, except for children, no more than ten days per year;

g) * up to 14 weeks or, if both parents are employed, up to 7 weeks within 18 months from the first day of leave for the necessary care of their minor children who are seriously impaired in health due to illness or accident within the meaning of Article 16o of the Federal Act on Income Compensation. The leave is granted per illness or accident and in the event of a relapse after a longer symptom-free period.

**2. Employees are entitled to paid leave for the following events when they inevitably coincide with regular working hours and the leave is taken in immediate connection with the event:**

a) a maximum of two days upon the death of parents-in-law, daughters-in-law, sons-in-law, grandparents, and grandchildren;

b) a maximum of one day upon the death of relatives by marriage, aunts, uncles, nieces, and nephews. The same leave is granted upon the death of grandparents, aunts, uncles, nieces, and nephews of the spouse;

c) a maximum of three days for officially ordered relocations;

d) a maximum of two days for public affairs, subject to Article 57 PG and Article 61. Entitlement to paid leave for visits to and summons by authorities exists only if these are in the public interest;

e) a maximum of five days for leadership training in J+S, junior marksmen, and other youth organizations. When participating as a course leader in these organizations, a paid leave for half of the missed working hours is granted, but no more than two and a half days per course;

f) a maximum of three days for unofficial delegations to professional association meetings, provided the event is in the public interest and promotes the professional development of the employee;

g) for the duration of mandatory firefighting service;

h) for the duration of military recruitment and inspections;

i) * ...

j) * a total of half a day for job searching after resigning from the workplace;

k) * the time required for breastfeeding or expressing milk during the first year of the employee's own children, but no more than the time according to Article 60 paragraph 2 of the Federal Ordinance 1 to the Labour Act.

**3. The provisions according to paragraph 1 and paragraph 2 apply mutatis mutandis to employees in a registered partnership or de facto life partnership.**

4. ...

**5. If an employee needs to prepare funeral ceremonies in the event of death or if a longer time is required to travel to the funeral ceremonies, the duration of the leave is a maximum of three days.**

**6. In special cases, the service unit may, after consulting the HR department, grant longer paid leaves if there is a reason for leave according to paragraph 1 or paragraph 2.**

1. If there are no substantial operational reasons against it, employees may reduce their workload by up to 20 percent to at least 20 percent

a) after the birth of their own children;

b) after the adoption of one or more children.

2. The reduction in workload must be claimed at the department either before or within six months of the birth or adoption.

3. Unless otherwise mutually agreed upon, the reduction in workload will take place in one step at the start of the sixth month after the claim is made.

4. Employees can increase the reduced workload again by up to 20 percent. The increase must be claimed at the department within three years after the reduction. Paragraph 3 applies accordingly.

1. The canton shall take appropriate measures for health care and the protection of employees against psychological and physical harassment in the workplace, particularly against sexual harassment, bullying, and discrimination.

1bis. An absolute employment ban applies during the first eight weeks after childbirth. During the second eight weeks after childbirth, the employee may be engaged in work of minor temporal, physical, or other stress, with her consent, if there is an urgent need. The pro rata temporis portion of the salary for this work must not exceed the amount according to Article 34d paragraph 1 of the Ordinance on Old-Age and Survivors' Insurance. The employee may withdraw her consent at any time.

2. A rehabilitation management aims to maintain the capacity for work and to achieve a rapid and successful reintegration of the person who is ill or has had an accident.

3. The Personnel Office (PA) may, on behalf of the competent authority, order measures for health maintenance and arrange for examinations by a trusted physician.

1. The Department decides on the coverage of costs for legal representation in accordance with Article 47 of the PG.

1. The government awards the contract for the operation of the reporting office in accordance with Article 47a PG.

2. A contract pursuant to paragraph 1

a) must be concluded with natural or legal persons who have their residence or seat in Switzerland;

b) must provide sufficient assurances regarding confidentiality, data protection, professional and methodological competence, appropriate reporting channels, and independence;

c) must be limited to a maximum term of six years, excluding extensions or follow-up contracts;

d) may be concluded with the same person again only after a minimum of six years has elapsed since the expiration of a previous contract pursuant to paragraph 1.

1. Employees shall perform the tasks assigned to them personally, purposefully, diligently, economically, and with initiative.

2. The prescribed working hours are to be used for the fulfillment of official duties.

1. Official Facilities May Only Be Used for Private Matters in Necessary Cases. Charges for private telephone calls, as well as the private use of official facilities, such as the Internet and photocopiers, must be reimbursed to the canton in accordance with internal administrative regulations.

1. The obligation of confidentiality does not apply to documents or matters for which there are no public interests or legitimate interests of third parties requiring protection.

2. The production of documents in judicial and administrative proceedings is governed by the relevant procedural regulations of the federal government and the canton. In civil and administrative judicial proceedings, the department decides, and in case of dispute, the government makes the decision.

3. Participation as a party, witness, or expert in a court proceeding requires authorization from the department if a release from official secrecy is necessary. The requirement for authorization also applies after the termination of the employment relationship.

1. The HR department keeps a centralized electronic personnel dossier and a paper personnel dossier for each employment relationship.

2. The electronic personnel dossiers particularly include documents created in connection with

a) Applications;

b) Contract conclusions and amendments;

c) Salary and insurance;

d) Employment references;

e) Secondary employment;

f) Education and further training;

g) Personal and professional qualifications, subject to paragraph 6;

h) Personnel and supervisory disputes, measures, procedures, and decisions;

i) Admissions and departures.

3. The paper personnel dossiers additionally retain the following documents in original form

a) Employment contracts;

b) Further training agreements;

c) Loan agreements;

d) Employee resignations;

e) Termination agreements;

f) Personnel and supervisory decrees and decisions.

4. Documents that arise within the framework of decision-making in anticipation of current or foreseeable personnel-related decisions, such as internal proposals, drafts, and notes, as well as reports, correspondence, and documents from internal or external investigations, are not included in the central personnel dossiers.

5. Departments may retain copies of documents and materials under paragraphs 2 and 3, as well as materials under paragraph 4, for their employees.

6. Employee evaluations pursuant to Article 67 are kept by the departments in original form or submitted to the HR department for inclusion in the electronic personnel dossier.

1. Data of former employees shall be retained for a maximum of ten years following their departure and shall thereafter be destroyed.

2. Exceptions are

a) statutory retention obligations, particularly based on the Act on Records Management and Archiving and its associated regulation;

b) cases where a threatened or pending employment-related dispute requires longer retention.

3. Data of individuals who have unsuccessfully applied for a position must be returned or destroyed. With the consent of the interested person, their data may be retained in the PA’s applicant pool for a maximum of six months or longer in the permanent waiting lists of the departments.

4. For unsolicited or blind applications, paragraph 3 shall apply accordingly.

1. Exempt from the prohibition are gifts and advantages

a) that are bestowed or granted on special occasions, such as Christmas, New Year, or an anniversary;

b) whose value does not exceed 100 Swiss francs, with gifts and advantages provided or granted by the same person or institution within a year being aggregated; and

c) whose acceptance does not give the appearance of bias.

2. Gifts or advantages that may not be accepted, along with corresponding offers and doubtful cases, must be reported to the office. The office shall decide

a) whether an exception under paragraph 1 exists;

b) whether the gifts, advantages, or offers are to be accepted or rejected, destroyed, or otherwise used.

1. The departments are responsible for ensuring that the documents and materials to be filed in the central personnel dossiers are available to the personnel office (PA).

2. The personnel office (PA) is responsible for ensuring that the electronic personnel information systems and personnel dossiers it operates, as well as the access and processing rights concerning the personal data contained therein, are established and maintained in accordance with data protection legal requirements, particularly the Cantonal Data Protection Act and the Ordinance on the Use of Information Technology in the Administration of Graubünden.

3. The involved entities are jointly responsible for ensuring that data protection claims are fulfilled within a reasonable period after they have been asserted.

4. Anyone processing data of employees and applicants must comply with the general data protection legal requirements, particularly the Cantonal Data Protection Act and the Ordinance on the Use of Information Technology in the Administration of Graubünden.

1. Public Secondary Positions and Secondary Employment must be reported to the relevant department, if possible, before candidacy, nomination, assumption, or exercise.

2. Exempt from the reporting obligation are secondary employments where conflicts of interest with the official position and performance of duties of the employees are individually and collectively excluded. Notably, such cases include secondary employment in leisure clubs. In case of doubt, secondary employments should be reported.

a) * ...

b) * ...

c) * ...

d) * ...

e) * ...

f) * ...

g) * ...

h) * ...

3. ...

4. ...

**1. Authorization Requirement**

The assumption and exercise of the following are subject to authorization

a) Public offices;

b) Board of trustees and board of directors mandates, and comparable functions;

c) Activities with a weekly time commitment of more than ten hours, particularly for employees with a full-time position;

d) Activities for which leave is requested, particularly for employees with a full-time position;

e) Activities in which conflicts with the significant interests of the canton cannot be excluded.

**2. Provisional Decision**

In view of a candidacy or nomination, a provisional decision regarding the requirement for authorization and the issuance of the authorization may be requested from the department.

**3. Examination of Multiple Activities**

If multiple public side offices or secondary occupations, which individually are not subject to authorization, are exercised, or if there are doubts regarding the authorization requirement, the PA must examine these.

**4. Procedure for Authorization**

If there is a requirement for authorization, the agency forwards the notifications of the employee, in consultation with them, as an application for authorization to the department according to Article 61. Both the employee and the agency can submit substantiated requests.

**5. Conditions of Authorization**

An authorization can have a limited term or be linked with conditions.

1. For the exercise of a public secondary office or secondary employment, taking into account the specific circumstances, the following paid leaves per calendar year are particularly granted

a) up to five days

1. for a presidency in a municipal, civic, school, or church council,

2. for a board activity in a nationwide organization in the fields of profession, culture, or sports;

b) up to three days

1. for participation in a municipal, civic, school, or church council or in a commission of a municipality or region,

2. for serving as a judge at a regional court or in comparable functions.

2. If employees within the meaning of Article 57 paragraph 5 of the PG are delegated to an authority, commission, or another institution or body as part of their employment relationship, remunerations paid by third parties for activities in this institution or body are due to the canton.

1. The canton supports and promotes the education and training of employees and learning personnel.

2. Employees are personally responsible for pursuing professional development. They may be required to undergo further training.

3. For each paid leave day according to Article 42, paragraph 1 PG, used for education or training in the interest of the canton, an additional paid education or training day is granted, provided that it is operationally feasible. These additional education or training days provided by the canton must not exceed 30 days during the entire period of employment with the canton. These provisions do not apply to teachers at cantonal schools.

4. The PA (Personnel Authority) prepares an annual course program for internal education and training and issues the necessary directives.

1. The department decides on the attendance of its employees at training and further education events.

2. If a continuous training or further education during regular working hours lasts more than ten days or if the expenses of the canton according to Article 65, Paragraph 1 exceed 8,000 francs, the department decides after consultation with the PA. In these cases, the terms regarding training and further education must be agreed upon in writing with the employee.

1. The canton bears the costs of personnel promotion and development measures initiated by it.

2. The canton covers the costs of training or further education events if the participation of the employee is in the interest of the canton.

3. The following levels of interest are distinguished

a) Interest Level 1: Training or further education primarily in the interest of the canton;

b) Interest Level 2: Training or further education in the mutual interest of the canton and the employee;

c) Interest Level 3: Training or further education primarily or exclusively in the private interest of the employee.

4. The assumption of costs is generally calculated according to the following scheme

Interest Level | Course Costs and Expenses | Salary Costs

1 | 100 percent | 100 percent

2 | up to 50 percent | up to 100 percent

3 | -- | --

5. The decision on the extent of cost participation is made by the department in consultation with the PA.

1. If the expenses of the canton (course costs, expenses, salary costs including functional allowances, special social allowances, 13th month's salary, and contributions to social institutions) exceed 8,000 francs for any single continuous education or training, the employee is obligated to repay the excess amount under the following conditions.

2. The obligation to repay arises if the employee resigns within two years after the completion of the education or training. For each full month worked during this two-year period, the amount to be repaid is reduced by 1/24.

3. The two-year period mentioned in paragraph 2 may be extended for costly education or training or shortened in exceptional cases.

4. The canton may reclaim the already incurred and future costs if the employee fails to commence or abandons the education or training, or fails to take the examination without valid reasons. The same applies if an education or training with a formal qualification is not passed because reasonable efforts were not made.

5. The department may, in the presence of valid reasons and after consulting the PA, waive the reimbursement.

1. As a general rule, only training or education that falls within regular working hours is considered working time.

2. If the training or education occurs during leisure time or is voluntary and there are compelling reasons, the department may, after consulting with the staff council, exceptionally count this as working time, either partially or in full.

1. Performance, professional qualities, commitment, and behavior of the employees shall be evaluated annually. An assessment of the current position shall be conducted, and further objectives shall be established. In the case of supervisors, leadership shall also be evaluated.

1. Proposals from employees for improvements in efficiency, organization, safety, or cooperation may be rewarded.

1. Regarding periods of training, such as apprenticeships, healthcare schools, and internships, as well as re-entry into the workforce before January 1, 2023, the crediting or consideration of previous years of service and scope of work is governed by Article 51, paragraph 1, as amended on December 12, 2006.

1. This regulation comes into force simultaneously with the Personnel Act and replaces the implementing provisions of the Ordinance on the Employment Relationship of the Employees of the Canton of Graubünden dated October 23, 2001. Paragraph 2 remains reserved.

2. Article 16, paragraph 2 and paragraph 3 as well as Article 42, paragraph 1, third sentence, shall come into force on January 1, 2008.