Implementing provisions on working hours in the cantonal administration - Scope

1. These implementing provisions apply to all employees of the cantonal administration, insofar as the legislation does not contain differing provisions for specific personnel categories.

2. The working hours for apprentices are regulated separately within the framework of these provisions.

1. In the cantonal administration, the flexible working hours model generally applies (Articles 9 to 12 of these implementing provisions).

2. Supervisors responsible for employment may approve the following working hours models for their employees, provided that the proper fulfillment of duties and the orderly operation are not impaired

a. Bandwidth model (Articles 13 and 14 of these implementing provisions);

b. Annual working hours model (Articles 15 to 17 of these implementing provisions).

3. The general provisions also apply to the bandwidth or annual working hours model, insofar as no specific regulations are established for these working hours models in these implementing provisions; the regulations concerning night work, work on rest days, and inconvenience allowances do not apply to these two models.

1. Work is generally performed from Monday to Friday between 6:00 AM and 8:00 PM.

2. If the working hours exceed seven hours on the same day, an unpaid break (usually a lunch break) of at least 30 minutes must be taken.

3. Employees are entitled to a paid break of 15 minutes for each half-day within the regular working hours.

4. If employees require additional breaks, particularly smoking breaks, they must clock out during this time.

1. Employees may, with the consent of the Head of Department, perform part of their work outside of the workplace. The Department of Finance shall issue enforcement guidelines for telework.

1. The counters and the telephone exchange are staffed from Monday to Friday between 08:00 and 11:45, and between 13:30 and 17:00; before public holidays until 16:00.

2. The head of the department may extend or shorten the opening hours on a case-by-case basis or generally if necessary.

3. Meetings are possible by mutual appointment even outside of counter opening hours.

4. The government council determines annually on which days, in addition to the paid vacation days pursuant to Art. 19 para. 1 of the Personnel Ordinance, the cantonal administration will remain closed. These days are calculated as normal working days.

1. The block hours are defined as the working hours

a. from 08:30 to 11:30, and

b. from 14:00 to 16:00.

2. The block hours are considered mandatory working or presence times.

3. The remaining time within the work schedule framework according to Article 3 of these implementation provisions is considered as flexible time.

1. The following are considered paid absences

a. Vacation;

b. Services pursuant to Art. 39 of the Personnel Ordinance;

c. Holding a public office with the approval of the Government Council (depending on the need for meetings, up to a maximum of ten days);

d. Paid leave;

e. Special family matters;

f. Official absence;

g. Education and training;

h. Illness, convalescence;

i. Accident;

k. * ...

2. All other absences are unpaid and should generally occur outside of the core working hours.

3. For paid absences, the missed working time will be credited, but no more than the daily required working hours, and for annual working time, no more than 8.4 hours according to the agreed workload; for further training, no more than 8.4 hours, and for official absences the actual working time, but no more than 10.5 hours.

1. If employees are prevented from appearing at work, they must report this to their supervisor in advance, if possible, stating the reason.

2. ...

1. Employees record their working hours daily and personally. Ordered overtime must be indicated separately.

2. The Personnel Office develops and implements the parameters for time recording and compiles personnel statistics based on periodic evaluations.

1. During flexible working hours, the start of work, lunch break, and end of work can be freely chosen, provided that no restrictions are imposed for operational reasons.

1. Time credits or time debts arise from the difference between the prescribed working hours and the actual hours worked.

2. Compensation for a positive flexitime balance shall be arranged in consultation with the supervisor.

3. Supervisors review the flexitime balance of their employees on a monthly basis.

1. Time credits or time debts can be carried over to the following year up to a maximum of 40 hours; this applies proportionately to part-time employees.

2. Time credits exceeding 40 hours will expire. Time debts are compensated by a salary deduction of 1/2184 of the annual salary per hour, to the extent that they exceed 40 hours.

3. If a flexitime balance cannot be reduced to 40 hours by the end of the year due to operational reasons or illness or accident, an excess flexitime balance may be carried over with the approval of the department head and with notification to the personnel office.

1. Upon termination of the employment relationship, time credits or time debits must be settled by the date of departure.

2. A time credit at the termination of the employment relationship will lapse, while a time debt will result in a corresponding wage deduction in accordance with Article 11 of these implementing provisions.

3. If a positive flexitime balance cannot be reduced by the date of departure due to operational reasons or because of illness or accident, compensation may be granted with the report from the Personnel Office and the approval of the Executive Council.

1. Working hours can be agreed upon for one year within the following ranges

| Option | Weekly Working Hours in Hours | Annual Salary in Percentage | Additional Vacation Days |

|---|---|---|---|

| 1 | 39 | 92.8 | - |

| 2 | 39 | 90.4 | 5 |

| 3 | 40 | 95.2 | - |

| 4 | 40 | 92.8 | 5 |

| 5 | 41 | 97.6 | - |

| 6 | 41 | 95.2 | 5 |

| 7 | 42 | 100 | - |

| 8 | 42 | 97.6 | 5 |

| 9 | 42 | 95.2 | 10 |

| 10 | 43 | 100 | 5 |

| 11 | 43 | 97.6 | 10 |

| 12 | 44 | 100 | 10 |

1. Employees who wish to work under a bandwidth model must apply for it, taking into account the operational needs of their supervisor, by the end of September of the previous year.

2. The agreement between the supervisor and the employee must be in writing. The agreed bandwidth generally applies for one calendar year. If no agreement is reached, the bandwidth according to Variant 7 applies.

3. The entitlement to additional vacation days is governed by the provisions on vacations in accordance with Art. 18 of the Personnel Regulations.

1. The annual working hours are calculated annually based on the effective working days.

2. The agreed annual working hours may be completed in less than twelve months or with varying part-time commitments during a calendar year.

3. The distribution of the annual working hours is to be agreed upon in advance in writing between the supervisor and the employee. On average, a maximum of 50 hours per week may be worked.

4. The agreed annual working hours must be fulfilled within a calendar year.

1. Employees who wish to work with annual working hours must apply for this, taking into account the operational needs of their supervisor, by the end of September of the previous year.

2. The agreement between the supervisor and the employee must be in writing.

1. The salary shall be paid in the form of equal monthly wages regardless of differing monthly working hours.

2. The employment degree relevant for the wage payment corresponds to the ratio between the agreed working hours and the standard working hours according to Art. 10 para. 1 of the Personnel Ordinance.

1. The Finance Department regulates the details in enforcement guidelines.

1. The Implementing Provisions on Flexible Working Hours in the Cantonal Administration of April 7, 1987, are hereby repealed.

1. These implementing regulations shall enter into force on October 1, 2008.