Personnel Ordinance (PV) - Scope (PV)

1. This ordinance regulates the public-law employment relationship of employees of the state administration in addition to the State Administration Act.

2. The provisions of this ordinance also apply to the management of the cantonal compensation office, insofar as the legislation or the employment contracts do not contain any deviating provisions.

3. The government council may issue deviating, profession-related implementing provisions for individual administrative areas.

1. The personnel meeting between direct supervisors and employees serves to assess the current situation, review the necessity and cost-effectiveness of task fulfillment, agree on objectives, clarify the need for part-time employment, promote collaboration and professional development, as well as evaluate performance.

1. The Executive Council regulates further education and training in detail through implementing provisions.

1. If employees are involved in a liability or criminal proceeding for professional reasons, the government council may provide legal assistance. If the investigation reveals personal fault, the employees must bear the costs in whole or in part.

1. The Personnel Office serves as the general service point for personnel matters within the state administration.

2. The Personnel Office develops foundational expert decisions on personnel and general organizational matters on behalf of the departments and the government council. This includes, in particular

a. the preparation and uniform execution of personnel law decrees;

b. the assessment of general and individual personnel matters;

c. the handling of fundamental questions of leadership and organization;

d. education, training, and further education;

e. the promotion of professional equal opportunities for women and men in the cantonal administration.

3. The Personnel Office works directly with the line positions responsible for management. It can comment on all personnel and organizational decisions.

4. Supervisors must discuss important personnel decisions, such as hiring, restructuring of employment relationships, career planning, or dismissal, early on with the Personnel Office. If the Personnel Office disagrees, it provides a subsidiary report to the head of the department, who makes the decision in such cases. Should they make decisions that violate the personnel policy principles of the government council, the Personnel Office informs the government council.

1. The Personnel Commission consists of five members. The member of the Government Council responsible for personnel affairs serves as the chairperson. The employer side and the employee side are each represented by two members, one of whom must be a woman and the other a man. Each side designates an alternate member. The head of personnel participates in the meetings in an advisory capacity.

2. The representatives of the employer side are appointed by the Government Council, while those of the employee side are designated by the personnel associations.

3. The Personnel Commission advises the Government Council on fundamental personnel matters. It prepares proposals for universally binding personnel decrees for the Government Council and provides opinions on fundamental decisions affecting personnel.

4. ...

5. The Government Council or the Commission may delegate the fulfillment of specific tasks of the Personnel Commission to committees.

6. The Government Council may assign additional tasks and powers to the Personnel Commission.

1. The Executive Council decides on the establishment and abolition of positions within the framework of the staffing plan. It may delegate this authority, in whole or in part, to departments or offices, particularly in the context of new administrative management.

2. The objectives, tasks, and powers of the positions are determined by legislation, performance mandates, or work programs. They are generally recorded in writing for each position.

3. When establishing, redesigning, or refilling positions, the necessity of the tasks and the appropriateness of the organization must be examined.

1. Positions are generally advertised by the Personnel Office in both female and male forms.

2. The job requirements are described in such a way that women and men with different life experiences but equivalent skills feel equally addressed.

1. The Executive Council regulates the appointment powers of the heads of departments and the heads of offices through implementing provisions.

1. The standard weekly working hours shall amount to 42 hours.

2. Supervisors shall be responsible for ensuring compliance with the regulations regarding working hours.

1. To the extent that the flawless fulfillment of tasks and the proper operation of business are not impaired, additional models for the flexibilization of working time arrangements may be offered alongside flexible working hours.

2. If the readiness for deployment and the nature of task fulfillment necessitate irregular working hours, particular attention must be given during their arrangement to maintaining health and fulfilling social obligations.

3. The government council shall regulate further details in implementing provisions.

1. Vacant or occupied positions may be advertised or approved as part-time positions by the authority responsible for employment, unless there are objective reasons to the contrary.

2. The authority responsible for employment may assign a position or a set of tasks to two or more people (job sharing). Members of a job-sharing group do not have the right to continue the employment relationship if one member resigns.

1. Night work is defined as work performed between 8:00 PM and 6:00 AM, while Sunday work is defined as work performed on Sundays and public holidays.

2. The compensation for one hour of night or Sunday work is determined by the Executive Council. It is provided in addition to regular salary, provided that the night or Sunday work was mandated. If night work and Sunday work coincide, the compensation is only provided once.

1. On-call Duty

During on-call duty, employees must be reachable at all times outside the workplace and must be able to commence work at the workplace within a specified time.

2. Compensation for on-call duty is determined by the Executive Council. If work is performed during on-call duty, this time is considered working time. The time spent traveling to work also counts as working time.

1. Employees are obligated to work overtime if an extraordinary business load or urgent tasks require it and it is reasonable for employees to do so.

2. Overtime refers to working hours that exceed the agreed-upon working hours, provided the flexible working time reserves are exhausted.

3. Overtime is recognized only if expressly ordered or accepted by supervisors. Overtime orders outside of the performance mandate require the approval of the government council.

4. If overtime is ordered, the affected person must consider this when planning their working hours so that the maximum allowable monthly flex time balance is not exceeded. If such compensation is not possible, the immediate supervisor must be notified.

5. Overtime must be compensated by time off of the same duration. Supervisors must create the appropriate conditions within their areas. Compensation must occur within one year.

6. If compensation through time off is not possible, recognized overtime is compensated with 1/2184 of the annual salary, excluding social and other allowances

a. if it falls within the performance mandate, or

b. if, for overtime outside the performance mandate, government council approval per paragraph 3 is obtained.

7. Heads of offices or departments do not receive compensation for overtime. The government council may grant exceptions on a case-by-case basis.

1. If a secondary employment may impair the impartial fulfillment of official duties, an approval must be obtained for it.

2. The authority responsible for the appointment approves such secondary employments only if it can be excluded, based on the existing circumstances, that secondary employment impairs the impartial fulfillment of official duties.

1. The severance compensation consists of the basic monthly salary and the social allowances.

2. If severance compensation is granted, employees receive one month's salary after five years of service. Their entitlement increases by one month's salary for every additional three completed years of service, up to a maximum of six months' salary after 20 completed years of service.

3. The severance compensation for members of authorities according to Article 60 of the State Administration Act amounts to four months' salary until the fourth year of office, five months' salary until the eighth year of office, and six months' salary from the ninth year of office onwards.

1. The annual vacation entitlement is as follows

a. * Up to and including the calendar year in which the 20th year of age is reached, 30 working days;

b. * From the calendar year in which the 21st year of age is reached, 25 working days;

c. * From the calendar year in which the 50th year of age is reached, 28 working days;

d. * From the calendar year in which the 60th year of age is reached, 30 working days.

2. When approving vacation plans, supervisors must adequately consider personal preferences alongside official requirements.

3. Vacations serve the purpose of rest and recuperation. They should generally be taken in whole weeks.

4. Employees must take their vacations within the current calendar year. If this is not possible due to official reasons, a maximum of five vacation days may be carried over to the next calendar year. The head of the department can approve the carryover of more than five vacation days from one calendar year to the next for important reasons.

1. In addition to the officially recognized public holidays, the following days are work-free: January 2 (Berchtold's Day), Easter Monday, Whit Monday, December 24, and December 26 (St. Stephen's Day).

2. Employees are also entitled to paid short leave when special private events and obligations justify it. In particular, there is entitlement to

a. * one day off for their own marriage (including civil wedding) or registration of a partnership;

b. * one day off for the marriage (including civil wedding) or registration of a partnership of their own child;

c. * the necessary time up to one day off for moving their own household;

d. * up to three days off upon the death of a spouse, registered partner, life partner, a parent or in-law, or a child;

e. * the necessary time up to three days off in the event of an illness or accident of a family member, registered partner, or life partner for initial care and the organization of further care.

1. During leave, employees are released from the obligation to perform work, either wholly or partially, for a limited time without altering their employment relationship.

2. Unpaid or paid leave can be granted if special circumstances exist, such as health or family reasons, voluntary charitable services, or professional development.

3. Leave applications must be justified in writing. When deciding on leave applications, consideration must be given to the employee’s performance and conduct and whether the services of the affected department can continue to be provided. Exceptions include cases where there is a legal entitlement to leave.

4. Leave is paid wholly or partially if stipulated by law. It can be paid wholly or partially if there is a public interest in doing so. If personal interests prevail, wage payment is discontinued.

5. For unpaid leave exceeding one week per year, the entitlement to vacation is proportionately reduced.

6. Authorization for granting leave is vested in

a. the head of the office for unpaid leave up to ten working days and paid short leave for one working day per year;

b. the head of the department for unpaid leave of more than ten working days and paid leave up to ten working days per year;

c. the governing council for paid leave of more than ten working days.

7. Voluntary paid leave may be subject to the condition that the employment relationship is continued for up to three years. If the employment relationship is terminated prematurely upon request or due to the employee's own fault, the voluntarily provided benefits by the employer must be proportionately repaid.

1. Employees are entitled to wages, bonuses, and allowances for their work in accordance with these regulations.

2. The principles governing employee remuneration are fundamentally

a. internal pay equity;

b. the labor market situation;

c. objectively demonstrated administrative success.

3. Internal pay equity is ensured by

a. the evaluation of positions and their assignment to functional levels;

b. a comprehensive assessment of performance;

c. the socially equitable structuring of allowances.

4. Market-appropriate remuneration is ensured by systematic wage comparisons with public and private employers.

5. Administrative success is measured by appropriate indicators in the evaluation of the effectiveness of governmental actions as well as by comparisons with public and private administrations and enterprises.

1. The requirements and demands of each position are assessed by the Personnel Office upon the request of the responsible department, independently of the individual and gender. The Government Council establishes the specific system of job evaluation through implementing provisions.

2. Employees may contest the job evaluation concerning them by the Personnel Office before the Government Council within 20 days.

3. The Personnel Office decides independently of requests or instructions from the departments and informs the Government Council annually about changes in job evaluations.

**1. Each position is assigned to a functional level based on the job evaluation. The government council determines the number of functional levels.**

**2. The government council specifies a performance salary range for each functional level, enabling compensation that is appropriate to the position, performance, and market. In setting the performance salary ranges, the council considers its personnel policy objectives, compares salaries in the labor market, examines existing salary conditions, and takes into account financial capabilities.**

**3. The government council may further define the target range for performance and experience-based compensation within each performance salary range through a salary guideline.**

1. The salary of the employees consists of

a. the function and performance pay, which together constitute the basic salary;

b. loyalty bonuses;

c. allowances and compensations, which are regulated in specific provisions.

2. In addition to the salary, the following may be awarded

a. performance bonuses for special personal achievements;

b. performance bonuses for special group achievements;

c. recognition bonuses for the spontaneous reinforcement of special individual performances.

3. The government council may exceptionally grant a supplement to attract or retain special experts.

1. The functional wage corresponds to the minimum wage of the performance pay band. This compensates for the demands and burdens of a position independently of performance and experience.

1. Performance pay is that component of wages which is re-determined annually based on the performance assessment and the position within the performance pay band, or with respect to the wage guideline.

2. The performance assessment is based on a comprehensive evaluation of personal work performance and the individual contribution to successful collaboration. It is part of the personnel interview.

1. In the case of uninterrupted employment, a loyalty bonus shall be awarded after ten years and every five additional years of service until reaching the statutory retirement age.

2. The calculation of the years of service is carried out regardless of the employment degree. Apprenticeships, internships, and unpaid leave exceeding one month are not counted.

3. The loyalty bonus is calculated based on the average workload of the last five years. It consists of a quarter of a month's salary, but at least CHF 1,500 for full-time employment, or five days of paid leave. After 20, 30, and 40 years of service, it consists of half a month's salary, but at least CHF 3,000 for full-time employment, or ten days of paid leave.

4. The employing authority may deny the loyalty bonus in whole or in part to employees whose performance or behavior is only partially satisfactory.

5. The loyalty bonus in the form of paid leave expires after five years.

6. Teachers shall receive the loyalty bonus in payment.

1. The Government Council requests the Cantonal Council, along with the budget, to approve the total salary amount necessary based on the services to be rendered.

2. In calculating the total salary amount, the Government Council considers the extent of all tasks to be fulfilled, the development of the cost of living, the general economic situation, personnel and wage policy objectives, the financial situation of the public entities, and the situation on the labor market.

3. The Government Council consults the staff associations before finalizing the budget for submission to the Cantonal Council.

1. Upon approval of the budget, the government council decides on the allocation of the approved salary sum.

2. Sufficient funds must be available for the annual reassessment of performance-related pay components as well as for bonuses to ensure pay equity. The government council may increase or reduce all previous year's salaries, provided that the implementation of personnel and salary policy or the general economic and financial situation, as well as the conditions in the labor market, justify such actions.

3. Before making a decision, the government council consults with the staff associations.

1. The Annual Salary (Base Salary) for the following year shall be determined anew each year in accordance with this regulation. The base salary of the previous year serves as the basis for calculation.

1. The basic annual salary corresponds to 13 monthly salaries. The 13th monthly salary is paid in November. If the agreed working hours change, the basic salary and monthly salaries will be adjusted accordingly.

2. Allowances are paid out at least quarterly.

1. For new hires, the entity responsible for employment, in collaboration with the personnel office, shall establish the salary.

2. In determining the salary, particular consideration shall be given to personal skills, education and training, relevant professional and non-professional experiences related to the tasks to be performed, internal pay equity, and the labor market.

1. Child or education allowances are granted based on the legal foundations. If employees do not use the child allowances for the maintenance of the child, the authority responsible for employment may, in consultation with the personnel office, direct the allowance directly to the child, the caregiver, or an authority.

2. If there is an entitlement to a child or education allowance, a special family allowance of CHF 1,200 per child per year will be paid. The entitlement to a special family allowance also exists for employees whose claim to child or education allowances does not apply due to competing claims. If benefits in the sense of this special family allowance can be obtained for the same child from third parties based on other legal regulations or contractual agreements, the special family allowance is to be reduced by the corresponding amount. The government council may adjust the special family allowance for inflation.

3. The entitlement to social allowances or its cessation must be reported to the personnel office. Social allowances received without entitlement must be repaid.

1. The employee is entitled to maternity leave of 16 weeks starting from the day of childbirth.

2. During the entire maternity leave, the employee is entitled to 100 percent of the base salary.

3. The compensation for loss of earnings payable by the compensation fund shall accrue to the employer.

4. The maternity leave does not result in a reduction of the vacation entitlement. Sick leave, accident leave, and public holidays that fall within the period of maternity leave cannot be compensated later. This also applies to the school holidays of teachers, provided that, in addition to maternity leave, at least four weeks of vacation per calendar year can be taken.

1. The employee is entitled to a paternity leave of two weeks from the day of the child's birth.

2. The employee is entitled to 100 percent of the base salary for the entire duration of the paternity leave.

3. The compensation for loss of earnings to be paid by the compensation fund is payable to the employer.

4. The eligibility requirements, the reference period, as well as the start and end of entitlement, are governed by the Earnings Compensation Act.

1. Employees are insured against workplace accidents. If the workload exceeds the minimum weekly requirement for non-occupational accident insurance as prescribed by the Federal Act on Accident Insurance, they are additionally insured against non-occupational accidents. The premium for the mandatory insurance of non-occupational accidents is borne by the employees.

1. Incapacity for work exists when an employee cannot reasonably be expected to continue working due to illness or accident.

2. For an incapacity for work lasting more than seven calendar days, a medical certificate must be submitted without being requested. In exceptional cases, a medical certificate may be required earlier.

3. If the health condition of employees gives cause for concern or if there are doubts about their performance, the responsible hiring authority or the personnel office may request a medical certificate or arrange for a medical examination by a trusted physician.

1. Employees are entitled to continue receiving their previous net salary and social allowances for a period of 90 days during the duration of their incapacity for work. In cases of prolonged incapacity for work, there is an entitlement to 80 percent of the basic salary plus any applicable social allowances, but for no longer than 720 days. Excluded from this are compensations for inconveniences, such as night or Sunday allowances or special bonuses.

2. The government council may enter into a collective daily sickness benefits insurance policy for incapacity for work due to illness. Employees bear half of the premium.

3. ...

1. Prevention from Work Due to Service Obligations occurs when statutory duties must be fulfilled during working hours without personal fault.

1. In the event of work incapacity due to service obligations, the following claims for continued salary payment are established

a. 50 percent of the salary for single individuals and 80 percent of the salary for married individuals and singles with maintenance or support obligations during recruit school as members of the military or during the first deployment in civilian alternative service, provided that the civilian service member did not attend or did not pass recruit school;

b. 100 percent of the salary in the first four weeks and subsequently 50 percent of the salary for single individuals and 80 percent of the salary for married individuals and singles with maintenance or support obligations during other mandatory training services as members of the military, during mandatory training services of the Red Cross service, civil defense, fire service cadre and specialists, as well as during additional deployments in civilian alternative service.

2. For all other services, such as peacekeeping, assistance, or active services, the government council decides on the continuation of salary payments.

3. If employees are prevented from performing work due to service obligations for more than one month per calendar year, vacation days are reduced by one-twelfth for each additional full month.

4. Compensation for loss of earnings and any other possible reimbursements accrue to the employer in accordance with Paragraph 1 when salary payment is continued. If the compensation for loss of earnings exceeds the employer's reimbursements, the excess amount is allocated to the employees.

1. Death of Employees

In the event of the death of employees, the full final monthly salary for the current month shall be paid to the relatives. If they leave behind individuals to whom they have a support obligation, an additional month's salary shall also be paid.

1. The Executive Council may offer protected workplaces for professional integration and reintegration in addition to the approved positions. Measures for professional integration and reintegration are time-limited.

2. Protected workplaces for the employment of persons with disabilities are listed in the staffing plan within the scope of the remaining work performance.

3. The Executive Council shall regulate the specifics through implementing provisions.

1. Insofar as cantonal personnel law does not regulate a specific case, the Swiss Code of Obligations shall apply complementarily.

1. Upon transitioning to the new salary system, the current salary of the employees is adopted as the basis for calculation in the new salary system.

2. If the current annual salary falls outside the performance salary band, this salary must be adjusted within three years so that it lies as a base salary within the performance salary band.

3. As long as the foundations for performance evaluation of teaching staff do not yet exist, the competent authority shall establish a salary guideline. In these cases, the personal salary development is determined annually without reference to performance, but also based on the position in relation to the salary guideline.

1. ... [11]

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1. Upon the entry into force of this regulation, the following are repealed

a. the Civil Service Regulations of October 27, 1971;[12]

b. the Implementing Provisions on the Salary Classification of State Personnel of September 5, 1989;[13]

c. ...[14]

1. The Government Council shall issue the implementing provisions necessary for execution. It shall particularly regulate

a. Continuing education and training (Art. 3);

b. Appointment authorities (Art. 9);

c. Working time models (Art. 11);

d. The job evaluation system, as well as the procedures and competencies in job evaluation;

e. The system of functional levels and the assignment of positions to these functional levels;

f. The overall assessment of performance based on personnel interviews;

g. Content and procedure for determining the necessary wage sum for the budget proposal;

h. Criteria, procedures, and responsibilities for the annual determination of the performance-related pay component;

i. The structure of performance and recognition bonuses;

k. The authority of superiors in the use of the approved funds.

1. The government council determines when this ordinance comes into force.

2. It may introduce the new salary system as well as further regulations concerning social insurances in stages no later than January 1, 1999.

3. This ordinance is subject to the optional referendum.