Implementing provisions on employment authority and personnel files - Executive Council

1. The Executive Council appoints

a. the heads of the offices;

b. the department secretaries (senior management);

c. the chief bailiff.

2. It determines the part-time members of the authority, insofar as the legislation does not designate another instance as responsible. Furthermore, it establishes the service or contractual relationships with commission members according to Art. 57 para. 2 of the State Administration Act.

1. The Head of Department appoints

a. the Heads of Divisions (middle management);

b. the Heads of Offices in the absence of Division Heads;

c. the employees from function level 6, provided they report directly to a department head or the department secretary.

1. The Head of Office and the Department Secretary shall hire the remaining employees within their area of responsibility.

1. The Personnel Office hires the trainees of the cantonal administration.

1. The power of appointment includes, within the framework of the staffing plan and the funds approved in the budget, the authority to restructure and abolish positions according to Article 7 of the Personnel Ordinance[3].

2. The power of appointment also encompasses all personnel-related decisions, in particular

a. remuneration;

b. assignment of duties (job description);

c. approval of secondary employment;

d. exemption from the residency requirement;

e. restructuring or termination of the service relationship.

3. If a position is to be terminated by the authority responsible for the appointment, the personnel office must be involved from the outset. It oversees all procedural steps.

**1. Prior to Refilling a Position**

Before refilling a position, the authority responsible for employment examines the necessity of refilling the position, communicates the result of the review to the Personnel Office, and requests the initiation of the job advertisement or refilling process. If the Personnel Office is the employing authority, it forwards its review findings to the head of department or the state secretary, except in the case of employing apprentices.

**2. Decision on Refill Necessity**

If there is no consensus between the office as the employing authority and the Personnel Office regarding the necessity of refilling a position, the head of department of the employing office or the state secretary decides; in other cases, the decision is made by the government council.

1. A position does not need to be advertised if there is a compelling internal application. An internal application is considered compelling if the knowledge necessary for the new position, general administrative expertise, and personal qualifications are present.

2. The decision to forgo advertising is made by the appointing authority after consultation with the Human Resources Department.

1. The Human Resources Department processes incoming applications, compiles the necessary documents for the responsible superiors, and informs the applicants about the status of the evaluations. It initiates necessary assessments.

2. Employment contracts are exclusively prepared by the Human Resources Department, which also handles the entry administration.

3. Employment contracts are signed by the authority responsible for hiring and the affected person.

4. The hiring authority informs the internal administration in consultation with the Human Resources Department and the public in consultation with the State Chancellery.

5. The introduction and supervision of new employees at the workplace are conducted by the superiors. The Human Resources Department provides general information about the rights and obligations of employees and the benefits of the employer.

1. Personnel files or personnel data are considered all documents related to a specific employment relationship that the employer maintains in the personnel dossier in electronic form or on paper.

2. Employee personnel dossiers can be divided into main and subsidiary dossiers.

3. The personnel office maintains a uniformly structured personnel dossier (main dossier) for all employees for the duration of the employment relationship, which must be updated continuously. The maintenance must be carried out according to generally accepted rules.

4. The payroll administration can maintain a subsidiary dossier with the data related to salary recording and payment.

5. Direct supervisors can maintain a subsidiary dossier for each employee containing the following

a. Copies of employee evaluations;

b. Copy of the employment contract and job description;

c. Tables for managing working hours and absences;

d. Records of training and further education.

1. The personnel file may only contain data that is necessary for the execution of the employment relationship. The main and subsidiary files are to be periodically reviewed - generally every second year - accordingly.

2. Maintaining personnel records outside of the main and subsidiary files is prohibited. Exempt from this are notes intended solely for personal use, as a personal work aid or memory aid.

1. Employees have the right to access information about the contents of their personnel file. When a request for information is made, the information may only be restricted, denied, or deferred in exceptional cases where there is an overriding private or public interest against disclosure.

2. Supervisors are granted access to the personnel files (main file) of their employees upon request.

1. Personnel files must be protected from access, inspection, and alteration by unauthorized persons.

2. Upon termination of the employment relationship, the main and secondary files shall be retained by the personnel office for ten years. After the retention period expires, the personnel files shall be offered to the state archives. Data protection and data security must be ensured.

1. These implementing provisions shall generally apply to all ongoing personnel-related proceedings upon their entry into force, except for pending appeal procedures.

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1. Upon the entry into force of these Implementing Provisions, the Implementing Provisions on Personnel Matters of January 28, 1992, shall be repealed.

1. These implementing provisions shall enter into force on July 1, 1999.