1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - CHAPTER ONE General Provision (VDB)

1. Subject to other legal or regulatory provisions, the present regulation applies to officials of the cantonal administration.

2. Considered as officials are the staff members designated in Article 3, letters a and b, of the Public Service Status Act, dated June 28, 1995 (hereinafter: PSSA), as well as the administrative staff members of the cantonal public educational institutions.

[2] 1 The usual reference working hours correspond to a weekly duration of 41 hours, which equates to a daily duration of 8 hours and 12 minutes.

2. In case of part-time work, the reference working hours are determined in agreement with the head of the department and communicated to the personnel department (hereinafter: human resources department).

3. The periodic distribution of working hours for public function holders whose activity is influenced by seasons, weather, or other specific factors can be modified based on special circumstances or under conditions set by the human resources department.

4. The public function holder may request the arrangement of the periodic distribution of working hours to facilitate better balance between professional and family life. As long as the needs of the users, the needs of the service, and the interests of the entity's collaborators allow it, the head of the department may authorize it, with the approval of the human resources department.

[3] 1. Attendance is mandatory, in principle, from 9:00 AM to 11:00 AM and from 2:30 PM to 4:00 PM (fixed schedule).

2. A minimum break of 30 minutes must be taken between 11:00 AM and 2:30 PM.

3. Each public servant is free to allocate the remaining working hours between 6:30 AM and 7:00 PM.

4. The head of the department may authorize an exception to the normal working schedule

a) if the public office holder requests it for reasons related to balancing professional and family life;

b) if the needs of the service justify it.

1. If the operation of the service requires it, the head of service may restrict, for all or part of their staff, the freedom of choice provided for in the preceding article.

2. They may in particular impose a specific schedule within the framework of the applicable regulations regarding working hours and the compensation of overtime, and organize a roster to ensure essential coverage.

3. If the said restrictions severely and permanently hinder the civil servant's freedom of choice, they may only come into effect, in the event of a dispute, with the notice of the human resources department and a decision from the head of the department.

4. The head of service may also restrict an individual's freedom of choice within their service if that person proves unable to manage their working time effectively.

1. Every civil servant must use the control methods made available to them.

2. Furthermore, the management of working time is subject to directives from the human resources department.

1. The difference between the required working hours and the working hours actually performed may freely vary at the end of each month between 100 hours in excess and 10 hours in deficit. This balance is carried over to the following month or, respectively, to the following calendar year.

2. Only the positive limit of 100 hours mentioned in the previous paragraph is proportionally reduced according to the activity rate of public service employees working part-time.

[4] 1 The difference between the required working time and the actual working time entitles employees to compensatory leave.

2. Compensatory leave is taken in full or half days.

3. The number of compensatory leave days must not exceed 10 full days or 20 half days per calendar year and cannot be carried over to the following year.

4. Their number is reduced proportionally to the activity rate of part-time employees.

5. The scheduling of their use must be agreed upon with the department head.

1. In the event of the permanent termination of service relations, the hours worked must correspond to the hours owed.

2. A positive balance of hours must be paid if the needs of the service did not allow for compensation.

1. Overtime Hours

Overtime hours correspond to the difference between the hours worked and the hours owed, which cannot be carried over or compensated according to the regulations applicable to flexible working hours.

2. Except in emergency situations, they must be ordered by the head of the service, who determines in advance the number of overtime hours and the period during which they are required. The head of the department to which the concerned service is subordinate must authorize them beforehand, failing which they will not be recognized.

3. Overtime hours must be compensated by leave of equivalent duration, but in any case, must be taken before the termination of employment relations. They can only be subject to monetary compensation upon a justified request by the head of the service to the head of the relevant department.

[5] 1 The secretaries-general and heads of departments manage their working hours freely.

2. Similarly, individuals holding managerial and exposed positions that require a sustained and irregular work pace, frequently disrupted by emergencies and unforeseen events such as demonstrations or representations, manage their working hours freely. These positions are exhaustively listed in the table annexed to the regulation concerning the obligations attached to certain functions of the cantonal administration, dated December 18, 1996 [6].

3. These officials are not subject to the provisions governing the modalities of working hours and work time monitoring.

4. The work hours performed by these officials in excess of the reference work duration do not entitle them to any compensation.

5. However, the Council of State may grant allowances.

1. Staff are on leave and the offices and workshops of the administration are closed all day

– on December 24th, Christmas Day, and December 26th.

2. When certain days off fall on a Saturday or Sunday, the Council of State grants compensatory leave to the extent that the days off, other than Saturday and Sunday, actually total less than ten days per year.

Officials who, within the framework of their regular schedule, are required to work on public holidays are entitled to a minimum of two days off per week, and each month, to two Sundays or public holidays off and two consecutive days off.

[7] 1 Civil servants are entitled to the following paid vacation days per calendar year

d) from age 60, 35 working days.

2. Civil servants are entitled to 30 working days of vacation if, before reaching the age of 50, they have completed 25 uninterrupted years of service with the State, a State institution, or a public educational institution in a capacity other than that of an intern or apprentice.

1. The right to vacation is calculated based on the amount of work performed.

2. When an event occurs that alters the right to vacation, the new right arises on the first day of the month during which it occurs.

3. An official who begins or leaves the service of the State during the year is entitled, for that year, to a number of vacation days proportional to their time of employment.

1. Do not count as vacation

a) public holidays;

b) days or parts of days during which an employee is affected in their health, starting from the fourth consecutive day, if the illness or accident occurred during the vacation.

2. In the latter case, the health condition must be substantiated by the presentation of a medical certificate.

1. The duration of civil servants' vacations is reduced in the event of absence.

2. Days not considered as absences under this provision include those resulting from the granting of short-term leave, maternity and paternity leave, adoption, and care of a child with serious health issues, days dedicated to fulfilling compulsory military or civil protection service, as well as days devoted to exercising a public office within the limits set out in Article 31 LSt.

3. When, for reasons other than those mentioned in the previous paragraph, a civil servant's absences total 120 days during the last twelve months, any additional days of absence no longer entitle the servant to vacation leave.

1. Taking into account the proposals of the concerned parties and the needs of the service, the head of the service shall determine the vacation period.

2. In the event of the vacation being split, one of the periods must be at least 2 consecutive weeks.

3. When the vacation is 30 working days or more and the needs of the service require it, the head of the service may demand that it be split into at least two periods.

4. In the event of termination of service relationships, officials are generally required to take their remaining vacation time before the end of their term and in kind.

[8] 1. Vacation days for the current calendar year can only be carried over to the following year up to a limit of 25 days.

2. The excess is not transferable from one year to the next.

3. The non-transferred excess cannot give rise to compensation.

4. The Council of State may, for compelling reasons, deviate from these provisions.

1. The Human Resources Department organizes courses whose attendance may be required for public officials when necessary for the performance of the service or duty.

2. Participation in optional courses is subject to the approval of the department head when it exceeds two days per year.

1. When a civil servant wishes to further their education, the State may provide financial assistance or allocate time to them, provided that the education in question is related to their position.

2. The assistance granted may be subject to conditions set by agreement, when the support extends over several months.

3. In all cases, the favorable notice of the department head is required.

4. Article 10, paragraph 3, LSt is reserved.

1. The department head informs their staff about the available training opportunities, regardless of their level of engagement. They encourage them to take advantage of these opportunities.

2. He or she may require them to attend other courses or seminars. The human resources department is informed of this.

1. Applications are addressed to the human resources department.

2. The human resources department forwards the application files to the department responsible for the relevant position in order to carry out candidate selection.

3. When the position involves temporary employment or employment under a private law contract, the selected applications are forwarded to the human resources department, which handles the hiring.

4. Requests for appointment are sent to the Council of State by the concerned department, accompanied by the human resources department's recommendation.

5. Exceptions are made for cases where temporary employment and appointment are governed by special provisions.

1. With the agreement of the appointing authority and provided that it does not interfere with the operation of the service, officials eligible for early retirement may opt for partial retirement.

2. The appointing authority must be notified in the manner and within the time limits prescribed in Article 43 LSt.

3. Partial retirement results in a reduction in salary and allowances at the rate corresponding to the remaining activity level.

4. The transition from one level of reduced activity to another is subject to all the conditions set forth in this article.

1. In the event of a transfer to another position or function ordered pursuant to Article 48, paragraph 4, LSt, the new initial salary is set within the classification limits of that function.

2. As a rule, the transfer involves a new provisional engagement.

1. Workplaces are arranged appropriately according to the recommendations of the Swiss National Accident Insurance Fund (SUVA).

2. Any difficulties related to inadequate workplace arrangements must be reported to the head of the department, who shall take all necessary measures to address the identified deficiencies.

1. As of December 31, 2004, each public official shall carry over their accrued vacation entitlement as of that date in its entirety to the year 2005.

2. For subsequent years, and as long as the carried forward vacation balance as of December 31, 2004, exceeds an annual entitlement, the public official may not carry forward the vacation balance for the current calendar year to the following year.

3. The non-carried-forward balance does not entitle the public official to any compensation.

[9] Civil servants whose position is removed from the list related to flexible work time management shall personally benefit from the continuation of the flexible work time regime until December 31, 2020.

Regulation of Civil Servants, dated January 15, 1996 [10], is repealed.

1. This regulation shall enter into force with retroactive effect as of January 1, 2005.

2. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.