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

33 Articles / Provisions · Canton of Neuchâtel — Cantonal Legislation
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Table of Provisions (33)

Art. premier Regulation Regarding Allowances Paid to Holders of Public Office, of December 20, 2002 - Subsistence Art. 2 Regulation Concerning the Allowances Paid to Public Office Holders, of December 20, 2002 - Housing Art. 3 Regulation concerning the allowances paid to holders of public office, dated December 20, 2002 - Transport Art. 4 Regulation on Compensations Paid to Holders of Public Offices, December 20, 2002 Art. 4A Regulation on allowances paid to holders of public office, dated December 20, 2002 Art. 5 Regulation Concerning the Allowances Paid to Holders of Public Office, December 20, 2002 Art. 6 Regulation on Compensation for Holders of Public Office, December 20, 2002 Art. 7 Regulation Concerning Allowances Paid to Public Office Holders, December 20, 2002 Art. 8 Regulation on Allowances Paid to Holders of Public Office, December 20, 2002 Art. 9 Regulation concerning the compensation paid to holders of public offices, of December 20, 2002 - Non-refundable Expenses Art. 10 Regulation Concerning Allowances Paid to Holders of Public Office, of December 20, 2002 - Continuing Education Courses Art. 11 Regulation Concerning the Allowances Paid to Holders of Public Offices, December 20, 2002 Art. 13 Regulation concerning Compensation Paid to Holders of Public Office, December 20, 2002 - Exemption Tax from the Obligation to Serve Art. 14 Regulation concerning the allowances granted to public office holders, of December 20, 2002 - Mobile Phones Art. 15 Regulation Regarding the Allowances Paid to Public Office Holders, December 20, 2002 - Lump Sum Allowance Art. 15A Regulation Concerning Allowances Paid to Public Office Holders, December 20, 2002 - Relocation Art. 15A Regulation Concerning Allowances Paid to Holders of Public Office, of December 20, 2002 Art. 15B Regulation concerning the Allowances Paid to Holders of Public Office, of December 20, 2002 - Official Housing Art. 16 Regulations concerning Allowances Paid to Holders of Public Office, December 20, 2002 - Use of Private Vehicles Art. 17 Regulation concerning the allowances granted to holders of public office, of December 20, 2002 Art. 18 Regulation Concerning Allowances Paid to Holders of Public Office, December 20, 2002 - Equipment Art. 19 Regulation on Allowances Paid to Holders of Public Office, of December 20, 2002 - Special Allowances Art. 19A Regulation on Compensation Paid to Holders of Public Office, of December 20, 2002 - Increase in Working Hours Art. 19B Regulation on Allowances Granted to Public Office Holders, of December 20, 2002 - Safety Footwear Art. 20 Regulation regarding Allowances Granted to Holders of Public Offices, December 20, 2002 - Monthly Allowance Art. 21 Regulation concerning the Compensation Paid to Holders of Public Offices, dated December 20, 2002 - Limitation Art. 22 Regulation on Allowances for Holders of Public Office, December 20, 2002 - Uniform Art. 22A Regulation on Compensation Paid to Public Office Holders, of 20 December 2002 - Special Tasks Art. 23 Regulation concerning the allowances paid to public office holders, of 20 December 2002 Art. 24 Regulation Concerning Allowances Paid to Holders of Public Office, of December 20, 2002 - Referral Art. 24A Regulation Concerning Allowances Paid to Holders of Public Office, of December 20, 2002 - Severance Allowance Art. 25 Regulation on Allowances Paid to Public Office Holders, of December 20, 2002 Art. 26 Regulation Concerning the Allowances Paid to Holders of Public Office, of December 20, 2002 - Entry into Force

Statutory Text (33 Provisions)

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

[3] 1. Meals taken outside the home due to service obligations and resulting from a business trip are compensated with a flat rate amount of 22 francs.

2. Subsistence allowances are not due within a radius of 4 km from the residence of the public service holder.

3. Public service holders whose work is primarily conducted outside are compensated in accordance with paragraph 1 of this article when this work is conducted more than 4 km from their residence or from their usual gathering or engagement point.

4. When meals are provided or covered directly by the State or another entity, no compensation is due.

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

1. Hotel costs per night spent away from home due to occasional service obligations are reimbursed according to the actual lodging expenses, provided they have been previously approved by the head of the department.

2. An allowance of 50 francs per night is granted to any individual who incurs no hotel costs but occasionally stays away from home due to service obligations.

3. When the State arranges accommodation at its expense or in the case of regular night work, the allowance is not payable.

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

[4] 1. Travel for work-related purposes is reimbursed.

2. Travel from the place of residence to the usual place of work is not reimbursed.

3. The human resources department defines the terms of this reimbursement through directives, which must be approved by the Department of Security, Digitalization, and Culture.

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

[5] 1 Reimbursement of Public Transport Costs Corresponds To

a) The price of a second-class ticket issued by a public transport company;

b) The price of a first-class ticket issued by a public transport company, for public office holders classified within salary grades 8 to 16, school management members, university professors, and other public office holders who must accompany them.

2. As soon as the anticipated total amount of rail transport costs allows for the coverage of a half-fare subscription, public office holders must acquire it and renew it with the approval of their department head, at the State's expense.

3. When public office holders acquire a subscription using a subsidy granted by the State or by receiving the Ecobonus, they can no longer claim reimbursement for public transport costs corresponding to the said subscription, except for an upgrade when they are entitled to it.

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

[6] 1. Any air travel must have prior authorization.

2. It may be authorized, in particular, if it results in a time saving of more than two hours per journey compared to road and/or rail transport.

3. The relevant department decides on the requests of its services.

4. Except in exceptional circumstances, reimbursement of expenses corresponds to the price of an economy class ticket.

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

[7] Public office holders authorized to use a private motor vehicle for official purposes receive an allowance set by decree of the Council of State.

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

[8] Depending on the circumstances, the head of department may authorize the reimbursement of other justified expenses.

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

[9] When travel expenses are consistently significant, they may be reimbursed to public office holders, after consultation with the individuals concerned, based on a flat rate determined by the head of the department to which they report.

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

[10] 1 Public office holders shall prepare the accounting of their travels and of the allowances to which they may be entitled on this basis.

2. They shall attach to this accounting all necessary supporting documents.

3. The travel expense accounts must be submitted to the head of the department within three months from the travel date, under penalty of forfeiture of the right to reimbursement.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE ONE - CHAPTER 2 Provisions Concerning Teachers

[11]

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE ONE - CHAPTER 2 Provisions Concerning Teachers

[12]

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE ONE - CHAPTER 2 Provisions Concerning Teachers

[13]

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER ONE General Provisions

1. The exemption tax for the obligation to serve, paid by a public office holder who is exempt from personal service, shall be fully reimbursed upon the decision of the head of the department, if the exemption was granted at the request of the State for the fulfillment of a specific task.

2. If the exemption tax for the obligation to serve is refunded subsequently due to the later completion of the missed military service, it must be returned by the concerned public office holder, even if the service relationship has ended.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER ONE General Provisions

The modalities for reimbursing mobile phone expenses are determined by an order of the Council of State.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER ONE General Provisions

The Council of State may replace, with the consent of the holder of a public office, the regulatory allowances with a lump-sum indemnity.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER ONE General Provisions

[15] 1 In the event of relocation justified by a change of workplace ordered by the competent authority, public office holders are in principle entitled to reimbursement of their moving expenses up to a maximum amount of 1,800 francs.

2. The move must take place within 12 months following the change of workplace, result in establishing residence in the new workplace region (Mountains – Val-de-Travers – Val-de-Ruz – Littoral) from the region of the former workplace, and bring the holder closer to their new workplace.

3. If an allowance as per Article 15a bis has already been granted, it is deducted from the amount of 1,800 francs.

4. No allowance is granted if the change of workplace results from a relocation for justified reasons within the meaning of Article 48, paragraph 4, of the Public Service Status Law (LSt).

5. No allowance is granted if the activity rate of the holder concerned is very partial within the meaning of Article 10 RSt (rate below 33%).

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER ONE General Provisions

bis [16] 1 Public office holders who can justify additional travel expenses due to a change of workplace ordered by the competent authority are, in principle, entitled to a one-time compensation corresponding to the price difference between the annual "Green Wave" subscription (2nd class) from the home to the former place of work and that from the home to the new place of work for one year.

3. No compensation is paid if the activity rate of the holder in question is very partial within the meaning of Article 10 RSt (rate below 33%).

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER ONE General Provisions

[17] 1 The allowance related to the obligation to reside in a specific housing for service requirements, in accordance with Article 35 of the general regulation for the implementation of the law on the status of public service (RSt), dated March 9, 2005, is CHF 200.— for the employee and, if they share the household with him, CHF 100.— for their spouse or registered partner and for each of their children for whom they receive a supplementary allowance, up to a maximum of half the rent, determined according to the market price.

2. When two holders of public office can claim the allowance for the same accommodation, the allowance is divided equally between each of the two employees. The total of the allowances must not exceed half the rent of the shared official housing.

3. The allowance is subject to social security contributions, excluding occupational pension contributions.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 2 Wildlife Service, Forests and Nature [18]

1. In addition to the allowances provided in Article 5, the district forestry engineers and the district foresters frequently required to travel on site using their private vehicle receive an allowance of 1200 francs per year, which is included in the travel expenses statement.

2. The municipal district foresters who receive travel allowances from the State and whose job responsibilities include cantonal forests or a sector supervising private forests receive this allowance proportionately to the kilometers traveled on behalf of the State.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 2 Wildlife Service, Forests and Nature [18]

Civil servants of the forestry service who are required to make occasional trips on forest roads receive a fixed allowance of 300 francs per year, which is included in the travel expense statement.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 2 Wildlife Service, Forests and Nature [18]

1. The cantonal foresters, team leaders, and state loggers, both female and male, receive an annual allowance from the state for the acquisition and maintenance of their personal equipment.

2. This allowance is set according to the SUVA standards.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 3 Roads and Bridges Department [19]

[20] 1 Subject to the approval of the head of service, the head of the mechanical workshop, the signaling inspector, and the chief road wardens may grant an additional allowance of 20 francs per day, up to a maximum of 200 francs per month, to the person responsible for a team in the absence of the titular, and 20 francs per day to persons assigned to acrobatic work.

2. Repealed.

3. An allowance of 5 francs is granted to operational staff when they have worked a night shift and no meals are provided by the service.

4. The road warden who has completed all his or her annual standby services is entitled to an allowance of 20 francs for each additional day of standby duty performed.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 3 Roads and Bridges Department [19]

[21] Due to service obligations and on the order of a superior, the hours worked by operational staff are increased as follows

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 3 Roads and Bridges Department [19]

[22] Operating staff receive an annual allowance of 250 francs for the acquisition and maintenance of their safety footwear.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 4 Teaching Staff of Institutions for Children and Adolescents

[23]

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 4 Teaching Staff of Institutions for Children and Adolescents

[24]

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 5 Penitentiary Service

Uniformed personnel of detention facilities are entitled to an allowance of 80 francs per year for the maintenance of their uniform.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 5 Penitentiary Service

[25] 1 A monthly allowance of 80 francs is granted to practice coaches who supervise trainee detention officers.

2 A monthly allowance of 80 francs is granted to "fire" specialists.

3 An allowance of 50 francs per mission is granted to members of the command group.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 6 Cadastral Surveying Service

The head or deputy head of teams in the cadastral measurement service, as well as the surveyor's assistants, are entitled to an allowance of 100 francs per year.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 7 Cantonal Police

Special allowances paid to members of the cantonal police are determined by the implementing regulations of the Cantonal Police Act, dated April 19, 1989 [26].

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - Chapter 7bis [27] Office and Museum of Archaeology

[28] In the event of dismissal due to the elimination of a position, employees of the office and archaeology museum who are employed under a private law contract are entitled to a severance pay equivalent to one month's salary for every five years of uninterrupted service.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 8 Final Provisions

The Transitional Regulation Concerning the Allowances Paid to Holders of Public Office, dated 18 December 1996 [29], is repealed.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - TITLE II - CHAPTER 8 Final Provisions

1. This regulation shall come into force on January 1, 2003.

2. It shall be published in the Official Gazette and included in the Compilation of Neuchâtel Legislation.

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