1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE ONE - General Provisions (ÖST)

The purpose of this law is to

a) promote a comprehensive and proactive State personnel policy;

b) encourage the personal and professional development of public office holders;

c) make public service roles attractive in order to ensure the long-term collaboration of qualified personnel;

d) ensure the quality and efficiency of State services.

[1] 1 The Council of State defines the personnel policy.

2. The policy is based notably on the principle of equal opportunity.

3. It particularly promotes broad inclusion, diversity of origin, gender, or life experience, the integration of persons living with disabilities, as well as sustainable development.

4. The Council of State implements actions ensuring respect for these values and adapts them according to the evolution of the environment.

1. This law determines the general status

a) of the personnel of the cantonal administration;

b) of the management members and personnel of State institutions that do not have legal personality;

c) of the management members and the administrative and teaching personnel of cantonal public educational institutions;

d) of the management members and teaching personnel of public educational institutions created by one or more municipalities or other legal entities and recognized by the State.

2. Special statuses provided by specific laws are reserved.

[2] 1 Repealed.

2. The conditions for the engagement of interns and apprentices are determined by the specific provisions of the applicable public or private law, as well as by federal and cantonal provisions on professional training; their remuneration is set by the Council of State.

When establishing a public law institution with legal personality, the State determines to what extent the provisions of this law apply to the members of the management and staff of the institution.

The Council of State determines the extent to which the present law applies to the personnel of other public or private legal entities endowed with legal personality and created, in whole or in part, by the State.

[3] 1 The Council of State or the authority it designates for this purpose may, as an exception, engage personnel under a private law contract, particularly for the execution of special tasks, for a limited duration, or to temporarily replace a holder of a public function. Article 10, paragraph 5, applies to these engagements.

2. Personnel whose activity is very part-time, particularly teaching staff, may also be engaged under a private law contract.

3. In the event of the dismissal of a member of the teaching or management staff of a public educational institution, Article 49 LSt applies by analogy.

Is considered a public office holder within the meaning of this law any person subject to a provisional appointment or a full-time or part-time nomination.

1. Unless otherwise provided by law, public office holders are appointed by the Council of State.

2. The Council may delegate its authority to a head of department or another authority.

3. The Council of State designates the subordinate authority responsible for conducting the provisional engagement, which, except in exceptional cases, precedes any appointment.

[4] 1 Only individuals who meet the following criteria may be engaged provisionally or appointed to a public office

a) have the exercise of civil rights;

b) have not been declared incapable of holding and performing an official position by a judicial authority's decision.

2. Minors capable of discernment may, however, be engaged provisionally.

3. Due to the requirements of the position, provisional engagement and appointment may be subject to certain conditions related in particular to age, health status, skills, knowledge, and training; they may depend on the result of an examination or internship.

4. The domains and functions that fall under public authority are reserved for Swiss nationals. The State Council establishes the list.

5. The State Council determines functions for which the exercise may be related to increased requirements of integrity and morality, and for which one or more criminal record excerpts must be provided to the competent authorities as per Article 9, specifying their nature, the timing of their requirement, and the implementation procedures that follow.

[5] 1. Holders of public office are, in principle, appointed for an indefinite period.

2. The term of appointment for members of the management of public educational institutions is determined by the competent authority.

[6] 1 The appointment is preceded by a provisional commitment lasting two years, which constitutes the probationary period.

2. The probationary period may be shortened or eliminated if the appointing authority deems it unnecessary.

3. During the probationary period, either party may give notice to the other with a warning provided in writing at least two months in advance, for the end of a month. The notice must not be abusive, as defined by Article 336 of the Code of Obligations [7].

4. The duration of the provisional commitment may be extended to five years for teaching staff whose activity is part-time; the Council of State sets the modalities.

5. Special provisions stipulated by other laws are reserved.

6. In the event of the resignation of a member of the teaching staff or the management of a public educational institution, Article 49 LSt applies by analogy.

[8] 1 When, during one of the protection periods mentioned in Article 336c, paragraph 1, letters a, b and c of the Code of Obligations, the competent authority expresses its intention to terminate the service relationship, it shall, if applicable, notify its decision by making it effective at the next term indicated by the Code of Obligations.

2. If the competent authority has already terminated the service relationship and one of the protection periods mentioned occurs before the commitment's expiration, it shall reconsider its decision to defer its effects.

3. In these cases, the probationary period is extended until the end of the month during which the protection expires.

4. The protection period following childbirth (Art. 336c, para. 1, let. c CO) is 122 days.

1. Vacant positions are subject to public job offers.

2. The offer may specify that the position will likely be filled by way of a call.

3. Exceptionally, the Council of State may waive the publication of the job offer when it intends to appoint a specific person, particularly in cases where the position requires the incumbent to have training acquired within the administration or in cases of promotion.

4. Part-time and temporary positions to be filled in public schools may be subject to simple posting.

1. Promotion consists of an appointment to a higher position.

2. The Council of State may precede the promotion with a probationary period of up to two years. During this period, the individual retains the benefits of their previous appointment and receives the salary set by the Council of State.

3. If, during the probationary period, or within the year following the promotion when it has not been preceded by such a period, the individual proves incapable of fulfilling their new role, a reappointment to a position and salary class equivalent to those previously held is offered, insofar as job availability permits.

4. Failing that, or in the case of refusal, the service relationship is terminated by way of dismissal for just cause.

5. If no position or function can be offered to the individual, a compensation equivalent to three months of salary is paid to them.

1. Holders of public office must demonstrate that they are worthy of the trust that their official position demands.

2. They perform their duties with dedication, loyalty, honesty, and impartiality, in accordance with the instructions received.

3. A spirit of courtesy governs their relations with the public, as well as with their superiors, colleagues, and subordinates.

1. Superiors are required to provide adequate instructions to their subordinates and to supervise their activities.

2. They encourage their initiative and consider their suggestions and requests.

3. They are responsible for acts carried out in accordance with the instructions they have given.

Public office holders shall ensure the adequate completion of their professional training.

1. The Council of State shall take all appropriate measures to improve the professional training of public office holders, as well as their general education insofar as required for the fulfillment of their duties.

2. It may, in particular, make attendance at certain courses mandatory and organize optional courses.

3. The implementation of measures taken pursuant to this article generally takes place during regular working hours.

1. The costs of organizing the courses shall be borne by the community to which the authority that decides on them is affiliated.

2. The costs of attending mandatory courses shall be borne by the employer.

3. The Council of State determines the terms of participation in optional courses.

[9] 1. It is prohibited for holders of public office to disclose facts that they have become aware of in the course of their official duties and that must remain confidential due to their nature, the circumstances, or special instructions.

2. Under the same limitations, they are also prohibited from communicating to third parties or appropriating, in original or copy, service documents established by themselves or by others.

3. These obligations persist after the cessation of duties.

4. A public official who directly addresses the management committee or the finance committee of the Grand Council cannot be prosecuted for violation of official secrecy if it was impossible for them to act effectively through the hierarchical route.

[10] 1 In the public interest or to ensure the proper functioning of the administration or education, the Council of State establishes the rules governing the communication of information or documents within departments and services, as well as to third parties.

2. Repealed.

[11] 1 Public officials who, in the exercise of their duties, become aware of an offense that is prosecuted ex officio, are required to promptly inform the public prosecutor.

2. They proceed through the hierarchical channel.

[12] 1 Public officeholders may only testify in court regarding facts they became aware of during the performance of their official duties with the written authorization of the head of the relevant department. This authorization remains necessary even after the termination of service relations.

2. Authorization may only be refused under the conditions set out in Article 23, paragraph 1, of the Administrative Procedure Act (APA), dated March 18, 2025 [13].

3. The same rules apply to the production of documents and the issuance of certificates.

4. The questioning of the authors of reports and denunciations by the canton's criminal authorities does not require authorization.

**1. It is prohibited for public office holders to solicit, accept, or be promised for themselves or for others, due to their official status, any gifts or other advantages that could compromise the necessary independence required for the fulfillment of their duties.**

**2. This prohibition also applies to any third party acting in collusion with a public office holder, to solicit, accept, or be promised gifts or other advantages.**

**3. It is prohibited for public office holders to have a direct or indirect financial interest in supplies, bids, and other works that concern their employer or one of its establishments.**

The Council of State sets the duration and schedule of work for public office holders.

1. When the needs of the service require, staff of the cantonal administration may be exceptionally required to work additional hours, the maximum number of which is set by the Council of State.

2. These hours must be compensated by leave, failing which, by special remuneration.

3. The Council of State decides on the exceptions, notably by determining the positions that do not benefit from the compensations provided for in paragraph 2.

1. In addition to statutory public holidays, the days designated by the Council of State are holidays for public office holders.

2. Public office holders who are required to work on these days as part of their regular schedule are entitled to leave of at least equivalent duration.

1. In the event of absence due to illness, accident, military service, civil protection service, or another case of force majeure, public office holders must immediately inform the authority to which they directly report.

2. They may be required to justify the reason for their absence and, if necessary, to undergo an examination by a doctor appointed by the appointing authority according to the procedures determined by the Council of State.

1. When administrative needs require it, holders of public office may be temporarily assigned to special tasks unrelated to their functions, but except in exceptional circumstances, these tasks should align with their skills and professional knowledge.

2. They may be required to change positions or functions on a temporary basis.

3. As far as possible, the duration of the temporary period should be determined in advance.

Public office holders are not permitted to engage in any secondary paid activity or secondary activity that compromises the fulfillment of their official duties, is incompatible with their functions, or leads to an abusive accumulation of income.

1. Holders of public functions may exercise public duties within the limits set by the Constitution and the law.

2. When the exercise of a public duty results in an absence of more than fifteen days per year, the Council of State determines whether it is appropriate to reduce the salary accordingly, decrease the number of days of leave or vacation, or complete compensatory work hours.

3. The fulfillment of a trade union mandate is equated with the exercise of a public duty.

4. The Council of State may treat other duties of public interest as equivalent to public duties.

The right of association is guaranteed to holders of public functions within the limits of federal and cantonal law.

The provisions of civil law apply to inventions made by public office holders in the performance of their duties.

1. Provided that the functioning of the service is not disrupted, public office holders may freely choose their place of residence in Switzerland.

2. The Council of State shall establish the list of positions and determine the circumstances under which a public interest or the particular nature of the position requires residing in a specific location.

[14] 1 If a public office holder is criminally prosecuted due to an intentional crime or offense, they must immediately inform the authority on which they depend.

2. The public prosecutor's office shall automatically inform this authority of the criminal proceedings initiated against a public office holder due to an intentional crime or offense.

3. The decision ruling on the case shall be transmitted without delay to this authority.

1. The State Council enacts the provisions allowing the appointing authority to require certain holders of public office to

e) take meals in the establishment where they work.

2. In the case mentioned under letter d, the State Council fairly determines the contribution paid by the concerned individuals.

3. The State Council also adopts additional rules of conduct relating to the exercise of public office.

[15] The service relationships of public office holders shall be terminated by

g) resignation resulting from an incompatibility of function.

[16] 1 Holders of public office are mandatorily retired at the end of the month in which they reach the age specified by the Federal Act on Old Age and Survivors Insurance (LAVS), of December 20, 1946 [17], for the entitlement to a basic old-age pension.

2. Repealed.

[18] 1 Members of the management and teaching staff of public educational institutions are mandatorily retired on July 31st of the school year ending during the calendar year in which they reach the age specified in the previous article.

2. Notwithstanding Article 38 LSt, and upon their request made six months in advance, members of the management and teaching staff born after July 31st may defer the termination of their service relations until July 31st of the following year.

[19] 1 The Council of State may establish a retirement age lower than that resulting from Article 38 for specific categories of public office holders.

[20] 1 The appointing authority may retire, either fully or partially, public office holders at the end of the month in which they reach the age of 58, if they are no longer able to adequately perform their duties without any fault on their part, even if they are not considered disabled under the Federal Law on Disability Insurance (FLDI) of June 19, 1959 [21].

2. For directors and members of the teaching or administrative staff of communal or intercommunal public education establishments, the decision rests with the Council of State following the opinion of the relevant municipal councils, school committees, or regional school committees.

1. In the event of total incapacity to work, the employment relationship ends two years after the onset of such incapacity.

2. If it is likely that the public servant may recover full or partial capacity to work at the end of the period mentioned in paragraph 1, the appointing authority may extend the employment relationship.

3. The granting of a full disability pension under the Federal Disability Insurance Act (DIA) of June 19, 1959, however, always terminates the employment relationship.

[22] 1 In the event of resignation or early retirement, holders of public functions shall notify in writing the authority that appointed them

a) six months in advance for January 31, or July 31, in the case of directors of public educational institutions and university teaching staff;

b) three months in advance for July 31, in the case of other teaching staff members;

c) three months in advance for the end of any month in other cases.

2. If it does not oppose the interests of the administration, the appointing authority may accept a resignation for a shorter term.

3. Article 12 is reserved.

[23] 1 The decision by which the appointing authority abolishes a position is not subject to appeal.

1a When a position is abolished, the appointing authority terminates the service relationship with a written notice given six months in advance

a) by January 31, or respectively by July 31 in the case of teaching staff members;

b) by the end of the month in other cases.

2. The Council of State takes all necessary measures to offer the person concerned a job of equivalent nature in the service of the State, a municipality, a para-governmental institution, or a private company.

3. If the steps undertaken by the Council of State result in the loss of the individual's public service status, they are paid compensation equal to three months’ salary.

4. If no position or function can be offered to the public service holder, or if they have a legitimate reason to refuse the position or function offered, additional compensation equal to one month’s salary for every five years of uninterrupted service is granted in addition to the compensation provided for in paragraph 3.

1. If reasons of unfitness, inadequate performance, serious or repeated breaches of duty, or other serious reasons no longer allow for the continuation of service relationships, the appointing authority may order the dismissal of a public officeholder.

2. No dismissal may be ordered abusively within the meaning of Article 336 of the Swiss Code of Obligations due to the religious, philosophical or political opinions of a public officeholder or due to their union activities, as long as these do not involve a violation of their service obligations.

1. When the actions attributed to the holder of a public office are within their control or when the requirements of the office are not satisfactorily fulfilled, the head of the department must notify the individual in writing after a hearing and set a reasonable time period for improvement. The head of the department should suggest possible means for improvement as much as possible.

2. If no improvement is observed within the given period, the head of the department shall forward the file to the appointing authority along with their observations.

3. The individual must be informed in writing of this decision, with mention of the facts or omissions that are being attributed to them.

[24] Before making its decision, the appointing authority shall hear the person concerned, informing them of the facts or omissions they are charged with, as well as the means of defense available to them, in accordance with the Administrative Procedure Act (APA), dated March 18, 2025, particularly their right to review the file and to be assisted by a representative.

1. If the appointing authority deems that the breach of service obligations or the conduct of the individual allows for the continuation of the service relationship, it may refrain from taking any measures or issue a reprimand, possibly accompanied by a warning of termination of the service relationship.

2. Otherwise, the appointing authority shall dismiss the public office holder and notify them of the decision with a three-month notice period, effective at the end of a month.

3. In the case of a serious breach of service duties, the appointing authority may proceed with the dismissal of the public office holder with immediate effect, possibly without prior warning.

4. Provided that the state of the functions permits and the measure seems appropriate to the appointing authority in view of the considered facts, it may order a transfer to another position or function.

[25] 1 Any decision to dismiss a member of the teaching staff or administration of a public educational institution shall be immediately communicated to the Council of State, if it could be justified to remove the individual concerned from the right to teach in public schools of the canton.

2. The Council of State may pronounce dismissal, either temporarily or permanently, when the individual in question poses a direct or indirect threat to the mental or physical integrity of students or when their employment would severely undermine the credibility of the school.

3. Dismissal also excludes the exercise of tasks involving accompaniment or supervision of teaching, as well as management and supervisory responsibilities.

4. The Council of State may decide on provisional measures and set the conditions and obligations that allow for the lifting of the measure. The costs related thereto shall, in principle, be borne by the applicant.

5. Administrative and criminal authorities are required to collaborate in the dismissal procedure or in its lifting, notably by allowing consultation of ongoing or archived files.

[26] 1 In the event of an incompatibility of function with the status of member or substitute member of the Grand Council, the holder of the public office is deemed to have de facto resigned from their position.

2. The termination of employment is effective at the end of the month following the resolution of the incompatibility.

3. The State Council acknowledges this through a decision made without prior warning.

4. The holder of the public office may retain their position if they formally renounce the incompatible function before the termination of employment becomes effective.

[27] 1 The authority cannot make a decision as referred to in Article 48 more than one year after receiving the file from the head of service, and in any case, not more than seven years after the events occurred.

2. If these events are punishable under criminal law, the authority may decide as long as the statute of limitations for criminal action has not expired.

3. No reference may be made to the facts that led to a reprimand or a transfer after five years have passed from the date they were issued.

4. Dismissal may be pronounced, for serious reasons, without fault and regardless of the time elapsed since the events, when their discovery necessitates, in the interest of the State, the termination of service relations.

[28] 1 When the proper functioning of the administration or public educational institutions requires it, the appointing authority may provisionally order a holder of a public office to immediately suspend their activity.

2. If the cited reasons appear to constitute a serious breach of service duties, the suspension of activity may be accompanied by the partial or total withholding of salary.

3. If the suspension is subsequently found to be unjustified, the holder of the public office is entitled to the salary from which they were deprived, with interest for late payment.

4. Notwithstanding Article 40 LPA, appeals against decisions regarding provisional suspension do not have a suspensive effect.

1. Holders of public office are entitled to compensation including

c) various potential allowances.

2. A holder of public office who is only required to devote part of their time to their duties shall receive a reduced salary in proportion.

3. Municipalities and other interested legal entities cannot provide additional cash compensation to the staff of their public educational establishments.

1. The minimum and maximum limits of the annual salary for magistrates and State officials, as well as for State establishments that do not possess legal personality, and for school directors and teaching staff, are established by the schedule that forms part of this law, and is adjusted during changes to the Swiss consumer price index base scale.

2. The Council of State defines the criteria for salary classification of functions and determines the minimum and maximum salary for each of them.

3. The initial salary is determined considering the formation and experience of the individual concerned. As a general rule, it corresponds to the minimum salary anticipated for the position.

4. The Council of State establishes the rules for salary progression.

When it involves securing the collaboration of a particularly qualified person or retaining them in the service of the State, the Council of State may grant administrative personnel a temporary or permanent salary supplement up to the amount specified in the table annexed to this law.

The State Council determines

a) the modalities of payment for salary and allowances;

b) the salary to which public office holders are entitled, who are unable to perform their duties due to illness, accident, military service, civil protection, or another reason;

c) the extent to which benefits paid to public office holders by military insurance or by any insurance whose premiums have been covered, in whole or in part, by the employer, are deducted from their salary;

d) the benefits paid to the survivors of a public office holder who has died while in active service;

e) the modalities for the compensation of unduly paid salary and allowances and their withholding on behalf of the State when the State itself has not conducted the engagement of the public office holder.

[29] 1 The Council of State annually grants public office holders a cost-of-living allowance adjusted according to the Swiss consumer price index based on this index as of May 31 of the previous year.

2. When the economic and financial situation of the canton requires it or when the inflation rate is high, the Council of State may, after consulting with staff associations, only partially compensate for the cost-of-living increase for a maximum duration of two years. It may waive, in whole or in part, the adjustment of the cost-of-living allowance in the event of a decrease in the index.

3. Repealed.

Public office holders are entitled to the benefits provided by the cantonal legislation on family allowances.

[30] 1 Holders of public office who have a legal obligation to provide maintenance for their children are entitled to a supplementary allowance per child, the amount of which is set by the Council of State.

2. This amount is reviewed periodically.

3. Each child can only give rise to one supplementary allowance.

4. The supplementary allowance is proportional to the working time completed by the concerned public officeholder and is paid pro rata for the days worked when the commencement or cessation of activity occurs during a month.

5. Article 3, paragraph 1, of the Federal Act on Family Allowances (FamA), dated March 24, 2006, applies by analogy.

6. The allowance is not paid to teachers of the ETS School of Engineering, vocational schools, and other professional schools who conduct their main activities in industry, craftsmanship, and commerce.

[32] 1 Public office holders are entitled to a loyalty bonus after 20, 30, and 40 years of service to the State, a State institution, or a public educational institution.

2. The Council of State determines the amount of the loyalty bonus and the terms of its payment.

3. At the request of the interested public office holder and insofar as the needs of the service allow, the loyalty bonus may be converted into additional vacation days.

**The Council of State Determines the Amount of Compensation Entitled to Holders of Public Offices:**

a) for the inconveniences inherent to the performance of their duties, which could not be considered when determining their salary;

b) for expenses incurred in the performance of their service;

c) in the event of a temporary replacement of a senior official;

d) in the event of relocation justified by a change of workplace ordered by the competent authority.

The Council of State or, with its approval, the appointing authority may grant a special remuneration to holders of public functions who provide their employer with services of an exceptional nature.

[33] Public Officials are Insured Against the Economic Consequences of Retirement, Death, and Disability Pursuant to the Law on the Pension Fund for Public Service of the Canton of Neuchâtel (LCPFPub), dated June 24, 2008 [34].

1. Holders of public office are insured against both occupational and non-occupational accidents, as well as against occupational diseases, in accordance with the provisions of the Federal Accident Insurance Act (FAIA) of March 20, 1981 [35].

2. The premiums for non-occupational accident insurance are their responsibility.

The Council of State may subscribe to additional insurance and authorize the employer to insure their civil servants themselves, potentially also against other risks. In these cases, it may impose certain restrictions on the insurance conditions and determine the modalities of the employer's participation in the payment of premiums.

[36]

[38]

[39]

[40]

[41]

1. Holders of public office are entitled to annual leave, the duration of which is determined by the Council of State based on age and years of service.

2. This duration is at least equivalent to the duration set by private law.

1. The vacations of the members of the management of a public educational institution and those of the teaching staff take place during the students' vacations.

2. The Council of State determines the period of the school holidays during which the individuals concerned may be required to fulfill professional obligations.

For significant reasons approved by the Council of State, holders of public office may obtain special short-term paid leave directly from the authority to which they report.

1. The appointing authority may grant extended leave to holders of public office who wish to suspend their activities either to accept a mission of general interest, to enhance and improve their professional training, or for other serious reasons, provided that the good functioning of the administration is not adversely affected.

2. The appointing authority shall decide in each case to what extent

c) the leave will count as service time;

3. Any decision made under this article must be approved by the Council of State.

[42] 1 In the event of pregnancy, a leave of four months is granted to the mother with full pay. The leave commences on the day of childbirth.

2. When both parents are employed by the state budget, the leave may be shared with the father, provided that the mother consents.

[43] 1 Public office holders have the right to obtain from their supervisor an unpaid parental leave for a maximum duration of three months.

2. In agreement with the supervisor, the public office holder may continue to perform their duties at a reduced activity rate during their parental leave.

[44] A paternity leave of 20 days is granted to the father during the year following the birth, within the limits of the entity's organization, with retention of salary.

[45] When a child is placed for adoption or is adopted, a four-month leave with full salary is granted to the mother or father. If it concerns a couple employed by the State budget, the leave may, if necessary, be shared between the spouses.

[46] 1 After five years of uninterrupted service, the members of the administration and teaching staff of a public educational institution have the right to obtain from the appointing authority on whom they directly depend an unpaid leave of a maximum duration of twelve months.

2. This right is renewable at the end of each new period of five years of uninterrupted service.

4. To ensure the smooth operation of the school (during numerous simultaneous requests or a shortage of substitutes), the appointing authority may defer the granting of the leave for a maximum duration of one year.

5. Furthermore, the State Council establishes the terms of the sabbatical leave by regulatory means.

[47] 1 When the mother breastfeeds her child at her workplace, the time spent breastfeeding is considered working time.

2. When the mother leaves her workplace to breastfeed her child, half of the time spent breastfeeding is considered working time.

[48] The measures necessary to mitigate the consequences of unpaid leave in the field of social insurance and occupational pension schemes are the responsibility of the public office holder, who also assumes the associated costs.

1. Public office holders may request from the authority to which they directly report a certificate concerning the nature and duration of the service relationship, as well as the quality of their work and conduct.

2. At the express request of the public office holder, the certificate shall only cover the nature and duration of the service relationship.

1. The Council of State shall determine the implementing measures of the present law after having sought the opinions provided for by the latter.

2. It may delegate a portion of its powers and allow other authorities responsible for applying the present law to do the same.

1. The personnel department is responsible for

a) preparing and coordinating the implementation measures of this law;

b) providing its opinion on matters related to personnel aimed at improving the functioning of State services, its institutions that do not have legal personality, and the cantonal public educational institutions.

2. The Council of State regulates the organization of the personnel department and defines its responsibilities.

1. The Council of State consults with municipalities, other employers, and staff associations

a) on any issue of general importance concerning personnel, their working conditions and compensation, as well as on matters of principle related to the application of this law or its implementing provisions;

b) on any draft of general implementing provisions of this law.

2. The consultation with staff associations takes place within a working commission.

1. Heads of service are authorized to make all decisions required for the operation of the service.

2. They are notably competent to order the execution of special work (art. 29), to issue prior warnings (art. 46), and to decide on short-term leaves (art. 72), maternity leaves (art. 74), and adoption leaves (art. 75).

3. For functions that do not include a head of service, the powers normally vested in the latter are exercised

The Head of the Personnel Department is authorized to make all decisions regarding the implementation of this law that do not fall within the jurisdiction of another authority.

[49] 1 Any decision made under this law by a subordinate authority or by a head of department concerning the status of a public office holder may be appealed to the competent department, and then to the Cantonal Court in accordance with the LPA and the Law on the Organization of the Council of State and Cantonal Administration (LCE), dated March 22, 1983.

2. Appeals against decisions regarding the conduct of the service rendered within the meaning of Article 80 do not have a suspensive effect.

3. Decisions of the Council of State relating to early retirement (Art. 41), to the termination of service relationships due to the abolition of a position (Art. 44), to dismissal for just cause or serious reasons (Art. 45), to reprimand and transfer to another position or function (Art. 48), to the removal of the right to teach (Art. 49) and to provisional suspension (Art. 51) may be appealed to the Cantonal Court.

[50] Subject to the specific provisions of this Act, the LPA is applicable.

[51] 1 Upon the entry into force of this law, existing service relationships shall continue in accordance with the new law.

2. Repealed.

3. Repealed.

[52]

[53] 1 Repealed.

2. Public officials with only one dependent child at the time of entry into force of this law shall receive, in addition to the supplementary allowance mentioned in Article 58, the monthly allowance provided for in paragraph 1 of this Article.

[54] For public office holders retiring between January 1, 2014, and the entry into force of this amendment, the deferral of the standard retirement age from 62 to 64 years (Art. 32b of the Public Function Pensions Act introduced by the law of June 26, 2013, effective January 1, 2014) shall not be considered if it results in an improvement of the retirement conditions for the individual concerned.

[55] Upon their request made six months in advance, female teachers born between 1961 and 1963 may retire on January 31 of the year in which they reach the age of 65.

[56]

**The law concerning the general status of personnel under the State budget, of February 4, 1981 [57], is repealed.**

This law is subject to an optional referendum.

1. The State Council, if necessary, shall ensure the promulgation and execution of this law.

2. It determines the date of its entry into force.

Law promulgated by the State Council on December 18, 1995.

The date of entry into force is set as January 1, 1996, subject to Articles 34, 40, 52 to 55, 67, and 87.

In accordance with Article 89, the law concerning the general status of personnel subject to the State budget, dated February 4, 1981, is repealed, with the exception of Articles 27, 49 to 68a, 75 to 78, 104b, and 104f, paragraph 2.

By decree of December 18, 1996, the State Council set the entry into force of Articles 34, 40, 52 to 55, 67, and 87 on January 1, 1997 (Official Bulletin 1996 No. 97).

To Holders of Public Offices

(Article 53 of the law on the status of the public service)

(in Swiss francs, with the consumer price index reference of 99.8, from May 2012, based on 100 from December 2010).

1. . Repealed ...........................................................

2. Public Officials ...................................................

50,642.–

193,361.–

3. . Members of School Administration ....................

116,019.–

179,315.–

4. . Teaching Staff ...............................................

61,182.–

138,897.–

– University Professor

147,673.–

193,361.–

5. . Extraordinary Supplement ................................

up to 35,171.–