Staff Ordinance (PersV) (PersV)

1. This decree applies to employees as per Art. 2 of the Personnel Act. Autonomous public-law institutions under Art. 2 para. 2 of the Personnel Act also include inter-cantonal and international autonomous public-law institutions according to Annex 4 of this decree.

2. Employees of the Hospital Network and the Psychiatry Network, as well as the Center for Laboratory Medicine, are subject to federal labor legislation, with the exception of employees performing higher managerial duties.

3. To the extent that this decree contains more favorable provisions for the employees of the Hospital Network, the Psychiatry Network, and the Center for Laboratory Medicine, these provisions take precedence over the regulations of the federal labor legislation.

1. For individuals who, in accordance with special legal regulations, fulfill auxiliary duties for the canton, the following provisions of the Personnel Act as well as the related provisions of this decree apply

a1)* Art. 53 concerning occupational pensions;

a) Art. 56 concerning the processing of personal data;

b) Art. 61 concerning the duties of employees associated with task fulfillment, as well as the duty to protect the interests of the employer;

c) Art. 63 lit. c concerning the duty of employees to report changes in personal circumstances;

d) Art. 67 concerning the obligation of confidentiality;

e) Art. 68 concerning the prohibition against accepting gifts and other advantages.

1. The Employment Contract Shall Specify the Contracting Parties and at Least Regulate

a) the commencement date;

b) the duration of the employment relationship;

c) the position and scope of duties;

d) the employment level;

e) the reference function and the initial salary;

f) the place of work.

1. Insofar as this decree does not explicitly specify the competent authority, the authority responsible, as the employer, for structuring the employment relationship, is determined pursuant to Art. 9 in conjunction with Articles 11, 12b, and 12c of the Personnel Act.

1. The employee fulfills the tasks designated in the employment contract and job description, as well as those assigned by orders of the supervisor.

1. The employer shall offer the employee other tasks or another position if the fulfillment of other tasks or the performance of another position is

a) necessary for organizational reasons;

b) required due to a change in the employee's health condition and there are no operational reasons against it.

1. The employees support the Cantonal Leadership Staff, if necessary, beyond their regular service hours and weekly working hours.

2. The Cantonal Leadership Staff engages the employees as needed on a case-by-case basis.

1. The employer may agree with employees on new forms of work in addition to work at the workplace, provided these allow for the fulfillment of tasks in a manner comparable to that at the workplace and there are no operational reasons opposing it.

2. The canton may participate in the costs of new forms of work.

1. **Minor, Socially Acceptable Gifts and Benefits** as defined in [Art. 68](https://www.gesetzessammlung.sg.ch/data/143.1/de/art68) paragraph 2 of the Personnel Act[[9]](#paragraphtext_content_fn_533824_2_9_c) must not be accepted or claimed if they can impair the fulfillment of duty or the independence of the employee.

2. If there is any doubt as to whether a gift or benefit may be accepted or claimed, the supervisor determines the further course of action.

1. The canton may participate in further education and training through a financial contribution and by fully or partially counting the time spent on it as working hours.

1bis. A maximum of ten hours per day can be counted as working hours for the time spent on further education and training.

2. The participation is determined by

a) the necessity and usefulness of the further education and training for the canton;

b) the canton’s previous contributions to the employee’s further education and training;

c) the performance and conduct of the employee.

3. The Personnel Office issues guidelines on the canton’s participation and determines the financial contribution for centrally managed further education and training on a case-by-case basis.

1. If the canton’s contribution to further education and training exceeds the amount of CHF 5000, the employee, the employer, and the department responsible for the use of the further education and training credit shall enter into a written agreement regarding the further education and training.

1bis The canton’s contribution shall be deemed to include

a) the financial contribution; and

b) the monetary value of the working time credited for the further education and training.

2. The agreement shall regulate

a) the division of costs between the employee and the canton;

b)* the crediting of the time spent on further education and training as working time;

c)* the modalities for the reimbursement of the canton’s contribution by the employee.

1. If the employment relationship ends within three years after the last contribution payment or the most recent utilization of working time, the employee shall reimburse the canton for the portion of the contribution that exceeds the amount of CHF 5000, proportionate to the duration between the end of the employment relationship and the three-year period.

2. Changing the workplace within the state administration does not trigger a reimbursement. The reimbursement agreement remains in effect.

3. Reimbursement is waived if the employment relationship ends and the termination was not caused by the employee.

1. The department, the state chancellery, the court, or the responsible body of the autonomous public-law institution shall appoint a legal representative when

a) the employee is legally challenged in connection with the fulfillment of their duties and pursuing legal action appears reasonable to protect their rights;

b) legal representation is required to protect the individual's personality according to Article 30 of the Personnel Act.

2. The department, the state chancellery, the court, or the responsible body of the autonomous public-law institution may demand reimbursement of the legal representation costs incurred by the employee in the event of a serious fault on the part of the employee.

1. The department, the state chancellery, the court, or the competent authority of the autonomous public-law institution may initiate a correction if an employee has been subjected to unjustified attacks in connection with the fulfillment of their duties.

**1. The employee may report grievances to a superior authority or the internal reporting office.**

**2. The employee breaches the duty of loyalty if they clearly abuse the right to report.**

1. The government designates a person outside of the State administration to act as an internal reporting office.

2. It establishes their rights and obligations in a service agreement and regulates the representation.

1. The internal reporting office shall report annually to the government on its activities.

1. The Internal Reporting Office

a) records the facts;

b) informs the reporting employee about the procedure and their rights and obligations within the framework of the procedure;

c) informs the department, the state chancellery, the court, or the responsible body of the independent public-law institution about the report if it considers the implementation of a measure to be necessary;

d) assists the department, the state chancellery, the court, or the responsible body of the independent public-law institution in clarifying the facts and implementing measures;

e) provides the reporting employee with information about the resolution of the report, unless there are overriding private or public interests to the contrary.

2. The department, the state chancellery, the court, or the responsible body of the independent public-law institution informs the internal reporting office about intended and implemented measures.

1. The internal reporting office handles the report confidentially.

2. It does not disclose the name of the reporting employee without their consent.

3. It ensures that no conclusions can be drawn about the identity of the reporting person.

1. The employer, after informing the employee in advance, reports to Case Management

a) prolonged absences;

b) repeatedly occurring noticeable absences;

c) observed signs of addictive behavior;

d) significant, unexplained decline in performance.

1. Case management clarifies the facts of the matter in discussions with the employee and their supervisor.

2. It seeks to conclude an agreement on counseling, support, or other assistance services.

3. It ensures coordination and communication with other parties involved, particularly with doctors and therapeutic professionals, counseling centers, and insurance companies.

1. Secondary Employment refers to activities not covered under the terms of the employment relationship. Secondary employment is considered remunerated if the compensation exceeds 2400 Swiss Francs per year.

1. Time spent on secondary employment is not considered as working time.

2. The employee provides compensation covering costs if they use the canton’s infrastructure for conducting secondary employment.

1. The weekly service hours are from Monday to Friday.

2. The daily service hours are from 6:30 a.m. to 7:00 p.m. The remaining time is considered nighttime.

3. The duration of the service hours is decisive for the entitlement to nighttime compensation pursuant to Article 39 of this enactment and inconvenience compensations pursuant to Articles 86 to 95 of this enactment.

1. The department, the state chancery, the court, or the competent body of the autonomous public-law institution may, for operational reasons

a) extend the weekly service hours for certain functions to include Saturday;

b) extend the daily service hours to start as early as 05:00 AM and end as late as 09:00 PM. The remaining time is considered nighttime.

1. The department, the state chancellery, and the court ensure the availability of their offices to the public from Monday to Friday between 8:00 AM and 11:30 AM as well as between 2:00 PM and 5:00 PM.

2. They may provide for different availability times.

1. The average weekly working time is 42 hours.

2. It amounts to

a) for master craftsmen in agriculture involved in the enforcement of penalties and measures, 46 hours;

abis)* for managers of specialized crops at the Agricultural Center St. Gallen, 46 hours;

b)* for other agricultural personnel, 48 hours;

c)* for assistant doctors, 48 hours;

d)* for senior doctors

1.* in the hospital network and in the Center for Laboratory Medicine, 48 hours;

2.* in the psychiatry network, 46 hours;

e)* for gamekeepers, 45 hours.

3. For senior medical staff, the average weekly working time is determined by official requirements. It generally amounts to 55 hours.

1. Full-time employees with an average weekly working time of 42 hours may, with the approval of their supervisor, set their working hours between 40 and 44 hours per week, provided that there are no operational reasons preventing this.

2. An additional working hour per week per year entitles the employee to five compensation days; one fewer working hour per week results in a 2.4 percent reduction in salary. The provisions regarding vacation are duly applied to the entitlement of compensation days.

1. Variants of the Bandwidth Model are

Variant | Weekly Working Hours in Hours | Annual Salary in Percent | Additional Compensation Days

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

1 | 40 | 95.2 | -

2 | 41 | 97.6 | -

3 | 41 | 95.2 | 5

4 | 42 | 100.0 | -

5 | 42 | 97.6 | 5

6 | 42 | 95.2 | 10

7 | 43 | 100.0 | 5

8 | 43 | 97.6 | 10

9 | 44 | 100.0 | 10

2. The established variant applies during a calendar year. Changes generally occur at the beginning of the year.

3. For employees with an average weekly working time of more than 42 hours, the bandwidths apply in relation to the agreed weekly hours.

1. Part-time employees may, with the consent of their supervisor, choose the options according to Art. 29 Para. 1 of this decree in proportion to the agreed level of employment.

1. For an employee, Variant 4 of the bandwidth model under Art. 29, Para. 1 of this ordinance applies for a specific calendar year if the time credit from unused vacation days, compensation days from the bandwidth model, and overtime worked exceeds 15 working days by the end of the previous year; for part-time employment, more than the corresponding number of working days relative to the employment level.

1. An employee who is bound to fixed working hours and is employed full-time can, with the consent of their supervisor, set the daily working hours to 8 hours and 30 minutes in a 42-hour workweek.

2. The additional working time is compensated by two and a half compensation days annually.

1. The normal daily working time is one-fifth of the average weekly working time.

1. For a continuous actual working day exceeding seven hours, a lunch break or a comparable work interruption of at least half an hour must be observed.

2. This is not considered working time and is generally taken between 11:00 a.m. and 2:00 p.m.

3. The supervisor may allow exceptions in individual cases for operational reasons.

1. For full-day absences due to operational reasons, the daily normal working hours will be credited.

2. If the actual time expenditure is greater, a maximum of ten hours including travel time and breaks will be credited.

1. Absences for Private Reasons Do Not Count as Working Hours.

1. During on-call duty at the workplace, the following are considered working hours

a) 20 percent of on-call duty time spent without assignments;

b) the actual working time performed during assignments.

2. During on-call duty at home, the actual working time performed during assignments is considered working hours.

1. Employees are entitled to night time compensation for night work in the following situations

a) in the correctional facilities of penal and measure execution as well as in the prisons;

b) with the cantonal police;

c) in hospital services, excluding assistant doctors and senior doctors.

2. The night time compensation is added to the working hours if a continuous period of at least six hours of night work is performed. It amounts to 10 percent of the working time performed during the night.

3. The employer may, instead of night time compensation, determine a financial compensation for employees whose work is compensated on an hourly wage basis or whose employment level is less than 25 percent.

1. Employees who are not bound by fixed working hours for operational reasons are entitled to flextime.

2. The supervisor may impose restrictions for operational reasons or in cases of misuse.

1. During flexible working hours, the start and end of work can be chosen freely, considering the operational needs. The lunch break is determined according to Art. 35 of this decree.

2. Flexible working hours last from Monday to Saturday, from 5:00 AM to 9:00 PM.

a) ...

b) ...

c) ...

3. The supervisor may, in justified cases, allow flexible working hours outside the period specified in paragraph 2 of this provision, particularly in connection with new working models.

1. The difference between the regular daily working hours and the actual hours worked results in time credits or time debts.

2. Employees balance time credits during the flexible working hours.

3. The balance is achieved with the prior approval of the supervisor within the scope of two days per month. The supervisor may authorize deviations.

1. The employee may carry forward time credits and time debits up to a maximum of 40 hours to the following year.

2. Time credits exceeding 40 hours shall expire. Time debits exceeding 40 hours shall be offset by a salary deduction.

3. Part-time employees carry forward time credits and time debits to the following year in proportion to their employment level.

1. The employee shall reconcile any time credits and time debts by the date of termination of the employment relationship.

2. The time credit shall expire and the time debt shall result in a corresponding wage deduction if the reconciliation cannot be completed by the date of termination.

1. In the employment contract, an annual working time can be agreed upon and its distribution throughout the calendar year can be determined if the workload is subject to seasonal fluctuations.

2. The salary is paid in consistent monthly wages, disregarding the varying monthly working hours, in accordance with the degree of employment.

1. Paid absences are credited according to the employment level relevant for the salary. Article 36, paragraph 2 of this regulation is applied accordingly.

1. For the transfer of time credits and time debts to the following year, Article 43 of this decree shall be applied accordingly, unless another arrangement has been agreed upon.

1. Upon termination of the employment relationship during the calendar year, time credits and time debts shall be balanced to the extent possible during the notice period.

2. The time credit existing at the time of departure shall be compensated. The time debt existing at the time of departure shall result in a wage deduction or, if the wages have been fully paid, in a repayment claim.

1. The Long-Term Account is an account in the name of the employee for accumulating time credits over a period of at least three and at most five calendar years.

1. The employer may establish a long-term time account with employees who are employed on a permanent basis and are not compensated on an hourly wage basis.

2. The agreement governs the period of accrual as well as the manner and time frame for the use of the time credits.

1. The time credit may be accumulated with

a) Conversion of loyalty bonuses;

b) Compensation days under the bandwidth model;

c) Mandated overtime;

d) Vacation days that cannot be taken in the current year due to operational reasons, provided that at least four weeks of the regular vacation entitlement are taken.

1. The accumulated time credit may be used within two years after the end of the saving period for

a) Taking paid leave;

b) Temporary reduction of the employment level while maintaining the same salary.

2. In case of the reduction of the employment level with a view to ending the employment relationship for retirement reasons, the usage period can be extended to four years.

1. Upon termination of the employment relationship, time credits must be balanced during the notice period.

2. If a balancing is not possible for operational reasons, the unused time credits shall be compensated.

1. Overtime arises when, upon the instruction of the supervisor, the agreed working hours are exceeded in order to fulfill an urgent task.

2. The instruction must be given in advance and in writing. If this is not possible in offices with continuous duty or on-call operations due to operational reasons, the supervisor may confirm the instruction for overtime subsequently in writing.

1. Overtime is generally compensated with time off.

2. The employer may determine compensation in exceptional cases justified by operational needs, provided that

a) No more than 40 hours per year are compensated per employee, and

b) The compensation is made from existing personnel credits, and

c) The head of the department, the Secretary of State, or the competent authority of the court or independent public-law institution approves.

3. Overtime for employees called upon on an individual basis to support the Cantonal Leadership Staff is compensated.

1. The employee compensates for overtime with time off in agreement with their supervisor. The compensation should occur within three years.

1. If overtime cannot be compensated with time off by the termination of the employment relationship, it shall be remunerated.

2. The compensation per hour is calculated from the amount of the annual salary including the 13th month's salary, but excluding social allowances, divided by

a) 2190 for an average weekly working time of 42 hours;

abis)* 2346 for an average weekly working time of 45 hours;

b) 2399 for an average weekly working time of 46 hours;

c)* 2503 for an average weekly working time of 48 hours.

1.* ...

2.* ...

1. The employee generally records working hours daily, and any absences no later than upon returning to the workplace. The supervisor may review this at any time.

2. The department, the state chancellery, the court, and the competent body of the autonomous public-law institution may, in individual cases, provide exceptions to the obligation to record working hours.

3. Overtime is shown separately in the time recording.

1. Days of rest are Sundays as well as New Year's Day, January 2nd, Good Friday, Easter Monday, Ascension Day, Whit Monday, August 1st, November 1st, Christmas Day, and St. Stephen's Day.

2. Half days of rest are the afternoons of May 1st, December 24th, and December 31st.

1. If Christmas Day falls on a Wednesday, the following Friday shall be a non-working day.

2. If Christmas Day and New Year's Day fall on a Tuesday, December 24th and December 31st shall be non-working days.

1. On each rest day falling on a working day pursuant to Article 59 of this decree, or a non-working day pursuant to Article 60 of this decree, the daily standard working hours according to the employment level shall be credited as working time.

1. Annual Leave Entitlement per Calendar Year

a) 23 working days;

b) 28 working days

1. for trainees;

2. for young employees up to and including the year in which they turn 20;

3. for other employees from the year in which they reach the age of 50;

c) 30 working days from the year in which they reach the age of 60.

2. Senior medical staff are granted additional leave totaling seven working days.

1. Holidays are calculated in proportion to the hours worked during a calendar year

a) at the beginning or end of the employment relationship during the calendar year;

b) if the activity is suspended altogether within a calendar year or continuously for more than two months, particularly due to

1. illness or accident;

2. mandatory service in the army, civil protection, and fire department;

3. civil replacement service;

4.* paid leave according to Articles 65 and 66 of this decree;

c) for unpaid leave.

2. If the activity is suspended for other reasons, the missed working hours will be deducted from the holiday duration.

3. If employees perform assistance service under Article 2 paragraphs 1 and 2 of the Personnel Act of January 25, 2011, to support the civilian authorities according to Article 67 of the Federal Law on the Army and the Military Administration of February 3, 1995, or equivalent operations particularly in crisis situations, these services will not be counted in the calculation of holiday entitlement under paragraph 1 letter b of this provision.

1. Holidays are taken annually.

2. Employees are entitled to take at least two consecutive weeks of holiday.

3. They determine the timing of their holiday. This is subject to any restrictions or allocation of holidays ordered by the supervisor for operational reasons.

1. Employees may carry over vacation days that could not be fully taken within the calendar year for operational reasons to the following calendar year.

2. Vacation days not taken are not compensated by monetary payments. Exceptions are made for compensation to be paid upon termination of employment for vacation days that could not be taken for operational reasons.

1. The employer may grant leave if the employee stops working for reasons other than sickness, pregnancy and childbirth, accident, military service, civil protection and fire service, performance of civilian alternative service, or the exercise of a public office, and cannot use vacation for this purpose. The employee shall be responsible for the employer's contributions to occupational benefits.

2. If the leave is in the interest of the employer, they may grant paid leave.

1. The employee may take paid leave under the following circumstances

a)* Two days for the employee's own marriage;

b)* One day for the marriage of children and siblings;

c)* ...

d)* Up to the first three days per event, and no more than ten days per calendar year, for necessary care of a family member or the employee's partner with a health impairment;

e) Upon death

1. Three days for the death of a spouse, life partner, or registered partner;

2. Three days for the death of children and parents;

3. Two days for the death of siblings;

4.* One day for the death of grandparents, parents-in-law, and grandchildren;

f) One day for relocating residence.

2. The employer may extend the duration in exceptional cases.

1. Employees may take ten days of paternity leave as paid leave within six months following the birth of a child. For multiple births, the paternity leave amounts to 15 days.

2. Furthermore, the provisions on paternity compensation in the federal legislation concerning income compensation are applied accordingly. The benefits of the income compensation scheme are transferred to the canton to the extent of salary continuation.

3. Paragraph 1 of this provision applies accordingly to female employees, whose wife or registered partner establishes a child relationship with birth, provided that no other person has taken paternity leave for the same child under paragraphs 1 and 2 of this provision.

1. Employees may take a care leave of up to 14 weeks within 18 months to care for their child who is severely health-impaired due to illness or accident, provided they are entitled to care compensation under Articles 16n to 16s of the Federal Act on Income Compensation of September 25, 1952. The benefits of the income compensation scheme transfer to the canton to the extent of continued salary payment.

1. Employees may take an adoption leave of two weeks within one year of adopting a child under the age of four, provided they are entitled to adoption compensation pursuant to Articles 16t to 16x of the Federal Law on Income Compensation of September 25, 1952. The benefits from the income compensation scheme are transferred to the canton to the extent of the continued salary payment.

1. A public office is held by any individual who serves as a member of a parliament, an executive body, a court, a commission, or any other body of the federal government, a canton, a municipality, a publicly recognized religious community, or another entity under public law.

2. The employer may grant paid leave of up to a maximum of 15 days per year of office for the performance of a public office that is part-time or honorary.

3. The time spent performing the public office outside of working hours shall not be counted.

1. Salary Bands Comprise Several Salary Classes. There are 37 Salary Classes.

2. A Salary Band Ranges from the Minimum Rate of the Lowest Respective Salary Class to the Maximum Rate of the Highest Respective Salary Class.

3. The Standard Range of a Salary Band Encompasses the Lower 90 Percent of a Salary Band, while the Extraordinary Range Covers the Upper 10 Percent.

1. The reference functions and the corresponding salary bands according to Appendix 1 of this decree are decisive for the determination of the salary. The government provides further details on the reference functions through directives.

2. The Reference Function Commission assigns positions in the departments and the State Chancellery, as well as in the other judicial authorities, to a reference function.

2a. The other employers according to Art. 9 of the Personnel Act assign their positions to a reference function themselves. This is subject to the competence of the Reference Function Commission as an advisory body according to Art. 38a Para. 1 Letter b of the Personnel Act.

3. ...

1. The Reference Function Commission has five voting members.

2. The government elects the members of the Reference Function Commission for a term of office of two years. It ensures an even representation of the departments and the state chancellery over a longer period.

3. The Personnel Office chairs the meetings and manages the affairs of the Reference Function Commission. It does not have voting rights.

4. The Reference Function Commission issues organizational regulations. These require approval by the government.

1. The Reference Function Commission

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

| a) | ensures the coherence and consistency of the allocation of positions to the reference functions as well as the application of the government's directive according to [Art. 73b](https://www.gesetzessammlung.sg.ch/data/143.11/de/art73b) paragraph 1, sentence 2 of this decree; | | |

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

| b) | decides on the applications of the departments and the state chancellery as well as other judicial authorities concerning: | | |

| | | | |

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

| | 1. | the allocation of new positions to the reference functions; | |

| | | | |

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

| | 2. | the adjustment of the allocation of existing positions to the reference functions; | |

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

| c) | provides advisory opinions on the matters of the courts and parliamentary services concerning: | | |

| | | | |

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

| | 1. | the allocation of new positions to the reference functions; | |

| | | | |

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

| | 2. | the adjustment of the allocation of existing positions to the reference functions; | |

| | | | |

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

| d) | ensures the exchange with autonomous public institutions regarding the reference function system; | | |

| | | | |

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

| e) | may delegate the handling of applications in simple cases, pursuant to subparagraphs b and c of this provision, to the personnel office; | | |

| | | | |

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

| f) | provides input on planned adaptations and further developments of the reference function system or initiates such itself; | | |

| | | | |

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

| g) | regularly informs the Secretary-General Conference about its affairs. | | |

1. The Initial Salary upon Entry into the State Administration or Upon Taking Another Position is Generally Within the Standard Range of the Relevant Pay Band.

2. If the Requirements of a Position, Particularly Concerning Education and Experience, Are Not Fully Met at the Time of Starting, the Minimum Rate of the Relevant Pay Band May Be Understepped by Up to 10 Percent. The Assignment of the Position to the Corresponding Reference Function Remains Unaffected.

3. The Government Issues Guidelines by Directive for Crediting Previous Employment When Determining the Initial Salary.

3bis. The Personnel Office Provides Employers with Calculation Bases to Determine a Range for Setting the Initial Salary.

4. The Employer Determines the Initial Salary.

5. In the Case of Departments and the State Chancellery as well as Other Judicial Authorities, the Setting of the Initial Salary Requires the Approval of the Personnel Office if the Range According to Paragraph 3bis of this Provision is Not Observed.

1. In cases of good or particularly good performance, an individual salary increase may be granted within the applicable salary range. In cases where the starting salary was determined according to Art. 73c para. 2 of this decree, an individual salary increase may also be possible below the applicable salary range.

2. If the new salary reaches the extraordinary area of the applicable salary range, qualified approval is required. The government determines the responsibilities for qualified approval through directive. It may provide exceptions to the requirement of qualified approval.

3. There is no legal entitlement to an individual salary increase.

1. In the case of an individual salary increase, the previous annual salary shall be increased by

a) at least CHF 650.- for full-time employment at 100 percent. For part-time employment, the minimum amount is correspondingly lower;

b) no more than 7.5 percent.

1. Individual salary increases generally take effect at the beginning of a calendar year.

1. The annual salary shall be reduced if a variable salary component is agreed upon in the employment contract.

2. For a variable salary component, a range must be established that provides for both a bonus and a deduction to the annual salary.

3. The government determines the regulations on a case-by-case basis.

1. Hourly Wage May Be Agreed With Employees

a) who are employed for a temporary period of less than three months;

b) whose level of employment experiences significant fluctuations;

c) who permanently work with an employment level of less than 25 percent.

1. The hourly wage is calculated by taking the amount of the annual salary plus the 13th month's salary, divided by

a) 2190 with an average weekly working time of 42 hours;

b) 2399 with an average weekly working time of 46 hours;

c)* 2503 with an average weekly working time of 48 hours.

1.* ...

2.* ...

1. Holidays and short absences as well as public and rest days are compensated on a flat-rate basis according to Annex 2 of this decree.

2. Short absences are

a) Leave according to Art. 66 of this decree;

b) The first three days of absence due to illness or accident.

**1. Employers of employees pursuant to Article 2, Paragraph 2, Item 1 of the Personnel Act are invited to submit written comments before any change in wages pursuant to Article 37 of the Personnel Act.**

**2. Employers of employees pursuant to Article 2, Paragraph 2, Item 1 of the Personnel Act may submit an application to the government for a change in the wages of their employees.**

**3. The government may determine a change in wages for employees pursuant to Article 2, Paragraph 2, Item 1 of the Personnel Act that differs from a change in wages for employees pursuant to Article 2, Paragraph 1 and Article 2, Paragraph 2, Item 2 of the Personnel Act. In particular, it takes into account the job market conditions relevant to the employer as well as the financial situation of the employer.**

1. For full-time and part-time judges of the Insurance Court, the District Courts, as well as the Administrative Appeals Commission, Articles 73a to 78 and Article 173 of this enactment shall not apply. The provisions according to Articles 78c, 78d, and 177 of this enactment shall apply.

2. The remuneration of judges who are magistrates is governed by the Remuneration Ordinance for Magistrates dated September 3, 2013.

1. Full-time and part-time judges of the Insurance Court receive a salary equal to 80 percent of the remuneration according to Art. 3 para. 2 of the Remuneration Ordinance for Magistrates dated September 3, 2013.

2. Full-time and part-time judges of the District Courts and the Administrative Appeals Commission receive, subject to para. 3 of this provision, a salary equal to 75 percent of the remuneration according to Art. 3 para. 2 of the Remuneration Ordinance for Magistrates dated September 3, 2013.

3. Full-time and part-time judges of the District Courts who fall under no. 3 of the Transitional Provisions of the IV Amendment to the Court Act dated June 1, 2008, receive a salary equal to 65 percent of the remuneration according to Art. 3 para. 2 of the Remuneration Ordinance for Magistrates dated September 3, 2013.

4. The salary according to paras. 1 to 3 of this provision is referred to as the target salary.

**1. Target Salary**

Persons who begin their term of office receive the target salary if they

a) have reached the age of 45, and

b) have served in a judicial position with a full-time employment contract for at least 48 months.

2. Persons who do not meet one of the two criteria under paragraph 1 of this provision receive the target salary less 7.5 percent. The deduction amounts to 15 percent for persons who do not meet either criteria.

3. The salary reduced under paragraph 2 of this provision increases by 3 percent of the target salary on January 1 of each succeeding year until it reaches the target salary.

4. If, after assuming office, one of the criteria under paragraph 1 of this provision is achieved and subsequently both criteria are met, the salary corresponds to the target salary starting from January 1 of the following year.

5. If, after assuming office, one of the criteria under paragraph 1 of this provision is achieved and subsequently one criterion is met, for the calculation of salary from January 1 of the following year, it is assumed that said criterion was already met upon assuming office. Further salary progression is governed by paragraphs 3 and 4 of this provision.

1. Senior Physicians and Surgeons are

a) Chief Physicians and Surgeons;

b) Leading Physicians and Surgeons;

c) Senior Physicians and Surgeons with Special Functions.

2. Articles 73b and 75 of this decree do not apply to Senior Physicians and Surgeons. Otherwise, Articles 73a to 78 of this decree are applied accordingly, taking into account the specific requirements of the employment relationships of the Senior Physicians and Surgeons.

1. The reference functions and the salary bands assigned to them in Annex 5 of this decree are decisive for the assessment of wages. The employer shall issue further details regarding the reference functions through directives.

2. The employer assigns each senior physician position to a reference function.

1. The Salary for Senior Physicians is comprised of

a) the Base Salary;

b) the Specialty Component;

c) a Variable Salary Component, provided the conditions under Art. 78j of this enactment are met.

2. The total salary may not exceed the maximum rate of the applicable salary band. Art. 78k of this enactment remains reserved.

1. The employer establishes the base salary based on the assessment criteria according to Article 36 of the Personnel Act.

1. The employer determines the professional component, taking into consideration

a) the market-standard wage level for the respective field and the labor market situation;

b) the profitability of the field for the hospital network, the psychiatry network, or the center for laboratory medicine;

c) individual factors such as the workload and entrepreneurial thinking and actions of the senior physician.

2. He or she periodically reviews the professional component and adjusts it to reflect changed circumstances.

1. Senior physicians may be awarded a variable salary component of up to five percent of the base salary if the company's results are positive and personal target achievement allows for it.

2. The employer determines the granting and amount of the variable salary component annually.

3. There is no legal entitlement to the granting of a variable salary component.

1. The salary of a senior physician is at most

a)* CHF 700,000 at the St. Gallen location of the hospital network;

b)* CHF 500,000 at the other locations of the hospital network and at the Center for Laboratory Medicine;

c) CHF 350,000 in the psychiatric network.

2. In the case of part-time employment, the maximum limits are reduced in accordance with the degree of employment.

3. In justified exceptional cases, the maximum limits can be exceeded with the approval of the government.

1. The chairpersons of the management boards of the Hospital Association, the Psychiatry Association, and the Center for Laboratory Medicine receive a market-standard salary within the applicable salary band according to Annex 5 of this decree. Any previous work as a senior physician is taken into account in the salary assessment.

2. The upper limits according to Art. 78k of this decree apply.

3. Articles 73b and 75 of this decree do not apply to the chairpersons of the management boards of the Hospital Association, the Psychiatry Association, and the Center for Laboratory Medicine. In all other respects, Articles 73a to 78 of this decree are applied appropriately, taking into account the special requirements of the respective employment relationships.

1. For other members of the management of the Hospital Network, the Psychiatry Network, and the Center for Laboratory Medicine who are employed as senior physicians, the salary is governed by Art. 78e et seq. of this decree.

2. In consideration of the maximum limits according to Art. 78k of this decree, the employer may grant a functional allowance of up to 20 percent of the rate of salary grade 37 to compensate for additional duties.

1. For additional members of the management teams of the hospital network, the psychiatric network, and the center for laboratory medicine, who do not serve as senior physicians, the salary is determined according to the reference function "Member of Management" as per Appendix 1 of this decree.

2. For members of the management team of the hospital network, the employer may also grant a market allowance of up to 55 percent of the annual salary.

1. An employee is entitled to receive a birth allowance of up to 1,360 Swiss francs upon the birth of a child.

2. The determining factor is the employment level during the last twelve working months prior to the birth.

1. Parents shall be entitled to receive only one birth allowance per child under this decree.

2. If both parents are eligible for the allowance, the birth allowance shall be allocated to them proportionately according to their respective level of employment.

1. The functional allowance may be granted either temporarily or permanently

a) when taking on additional tasks;

b) when assuming a managerial function;

c) when acting as a substitute for an employee in a superior or managerial position.

2. It lapses if a higher salary is granted based on the conditions set forth in paragraph 1 of this provision.

1. The amount of the allowance is determined by the nature, scope, and requirements of the additional tasks, leadership function, or exercise of the deputy role.

1. As an annual presidential allowance, independent of the level of employment, the President shall receive

a) of the Insurance Court: CHF 7,200;

b) of the Administrative Appeals Commission: CHF 6,600;

c) of the District Court of St. Gallen: CHF 6,600;

d) of the other district courts: CHF 5,400 each.

2. The presidential allowance for the President of the Cantonal Court and the President of the Administrative Court is governed by the Salary Ordinance for Magistrates dated 3 September 2013.

1. The market allowance may be granted if conditions in the labor market make it difficult to recruit employees or endanger their retention.

1. The market allowance may be limited in duration and gradually reduced.

2. It is reviewed every two years and, based on the review, may be increased, reduced, or abolished if the conditions for its allocation have changed.

1. The employer determines the amount of the market allowance, as well as its duration and gradual reduction.

2. If the conditions for a market allowance for employees of a professional group are met, the government decides on its allocation and amount.

1. Employees are entitled to receive inconvenience compensations according to the provisions of this decree if they regularly and permanently perform work outside of service hours, under difficult conditions, or are on standby duty.

2. For employees of the Cantonal Police, the receipt of inconvenience compensations is governed by the provisions of the Police Ordinance of December 2, 1980.

1. Public Prosecutors and Youth Prosecutors shall receive inconvenience compensation for

a) Inspections and orders outside of regular working hours;

b) On-call duty at home.

2. The administrative staff of the Public Prosecutor's Office shall receive inconvenience compensation for

a)* Summons to the workplace outside of regular working hours;

b)* On-call duty at home.

3. The inconvenience compensations pursuant to para. 1 letter a and para. 2 letter a of this provision shall be granted in the form of a lump sum according to Annex 3 to this decree.

1. Coercive Measures Judges receive inconvenience compensation for on-call duty at home.

1. Resident Physicians receive inconvenience compensations for

a) Work outside of regular hours;

b) On-call duty.

2. Senior Physicians receive inconvenience compensations for on-call duty.

1. Employees of the road maintenance service receive inconvenience compensation for

a)* Work between 8:00 PM and 5:00 AM as well as on weekdays outside of service hours, on Saturdays, and on rest days;

b) On-call duty;

c) Work under difficult conditions.

2. The inconvenience compensation according to paragraph 1, letter a of this provision is granted in the form of a wage supplement as specified in Annex 3 to this enactment.

3. The Department of Construction and Environment regulates, in agreement with the Personnel Office, the inconvenience compensation according to paragraph 1, letters b and c of this provision.

1. Inconvenience compensations shall be provided in the form of a monetary payment per hour, subject to specific provisions.

2. The Department, the State Chancellery, the Court, and the competent body of the autonomous public-law institution may, in agreement with the Personnel Office, determine inconvenience compensations in whole or in part as lump-sum payments per day, night, week, month, or year for certain personnel categories.

1. The approach to inconvenience compensations is subject to the provisions of Appendix 3 of this decree, unless specific provisions apply.

1. Continuation of Inconvenience Compensation

a) during vacations;

b) in case of illness and accident;

c) during service in the army, civil protection, and fire department, as well as performance of civilian replacement service;

d)* during maternity leave;

e)* during caregiving leave pursuant to Art. 66b of this decree.

2. It ceases particularly

1. when taking compensation days within a flexible working hours model;

2. upon financial compensation for unused vacation days at the end of the employment relationship.

3. For employees under Art. 87, 88, and 89 para. 2 of this decree, the continuation of the compensation does not occur according to para. 1 of this provision.

1. The amount of inconvenience compensation corresponds to the average of the inconvenience compensations paid in the previous calendar year, or if the employment duration is shorter, the average of the inconvenience compensations paid during the employment period.

2. If the average cannot be determined, it will be based on empirical values.

3. The payment of inconvenience compensation occurs at least quarterly.

1. The following are paid monthly

a) one-thirteenth or optionally one-fourteenth of the annual salary;

b) the allowances;

c) inconvenience compensations. The special payment method according to Art. 95 of this decree remains reserved in case of the employee's absence;

d) the hourly wage based on the work performed in the previous month.

2. A payroll statement is prepared for the monthly payout. The employer determines the form and timing of the monthly payroll statement.

1. The 13th monthly salary is paid out in June and December, in two equal installments.

2. An employee can take the 13th monthly salary entirely or partially as paid leave within one year following the birth of their own child. The same applies to an employee whose wife or registered partner establishes a parent-child relationship through birth.

2bis Employees may take the 13th monthly salary entirely or partially as paid leave within one year after adopting a child.

3. If an employee chooses to receive a monthly payment of one-fourteenth of the annual salary

a) the payment of the 14th monthly salary is governed by paragraph 1 of this provision;

b) the chosen option remains in effect for the calendar year. Changes occur at the beginning of the year.

1. The employment contract may stipulate that the wage is partially provided as payment in kind, in the form of discounted or free meals, or through discounted or free provision of staff accommodation.

2 ...

1. The right to continued payment of wages exists from the beginning to the end of the employment relationship.

1. During the probation period, there is an entitlement to continued payment of wages due to illness for a duration of one month.

2. The extension of the probation period does not result in an extension of the duration of the entitlement.

3. During the probation period following a job change within the scope of application of Article 2 paragraphs 1 and 2 of the Personnel Act, the entitlement to continued payment of wages due to illness is determined by Article 99 of this Regulation.

1. The entitlement to continued payment of wages due to illness or accident is suspended during the period of maternity compensation.

1. Continuation of Salary Payment Due to Illness or Accident and Protection Against Dismissal

The continuation of salary payment due to illness or accident and protection against dismissal requires that the employee

a) provides a medical certificate confirming the inability to work upon the request of the supervisory authority, subject to Article 66 of the Personnel Act;

b) fulfills the duty of cooperation.

1. The Employee

a) actively participates in measures initiated by the Employer for the resumption of their previous occupation or for reintegration into another employment;

b) takes reasonable measures to reduce the duration and extent of their incapacity to work.

1. Upon the occurrence of incapacity for work due to illness, the total duration of absences due to illness over the last three years shall be determined. In the event of partial incapacity for work, the degree of incapacity certified in the medical certificate shall be taken into account.

2. Continued payment of wages shall occur for the duration resulting from the difference between the duration determined pursuant to paragraph 1 of this provision and 24 months. The deadlines under Article 47 of the Personnel Act shall not be extended in the case of partial incapacity for work.

3. The employer may extend the duration of continued wage payment with the consent of the Personnel Office in cases of hardship.

1. In the event of repeated incapacity for work due to an accident within five years because of the same accident event, the continuation of wage payment amounts to 100 percent of the salary until the total duration of the incapacity for work has reached twelve months. Thereafter, the continuation of wage payment amounts to 80 percent of the salary for an additional twelve months.

2. ...

1. The wage applicable for continued payment of wages is calculated based on the employee's regular daily working hours.

2. In cases of repeatedly changing employment levels, the applicable wage is calculated based on the average wage over the past twelve months, including social allowances as well as functional and market allowances. Inconvenience compensations are part of the applicable wage.

3. Inconvenience compensations are part of the applicable wage.

1. If wage replacement benefits take the place of wages, the payment during work absence may not be greater than the payment that would be received for working. In this context, the different contributions for work performance and work absence are taken into account, particularly the social security contributions that are not applicable during work absence.

1. The employer may reduce or terminate the continuation of wage payments if the insurer has reduced or terminated its insurance benefits.

1. The employee assigns to the canton any wage compensation claims against third parties up to the amount of the salary continuation payment.

2. If pensions from the mandatory accident insurance, disability insurance, or military insurance are awarded due to illness or accident, the canton has the right to reclaim from the insurer the salary paid despite full or partial incapacity to work, up to the amount of the pensions to be retroactively paid for the corresponding period.

1. For services pursuant to [Art. 51](https://www.gesetzessammlung.sg.ch/data/143.1/de/art51) of the Personnel Act[[38]](#paragraphtext_content_fn_534092_2_38_c), the employee is entitled to compensation for loss of earnings for individual service days performed on days off, but not during vacation.

2. In cases under paragraph 1 of this provision, the employee must claim the compensation for loss of earnings directly from the compensation fund. There is no entitlement to continued salary payment for the affected individual service days.

1. The canton administers the Fund for Occupational Accidents and the Fund for Non-Occupational Accidents.

2. The government determines the contributions based on the principle of a balanced fund account.

1. The occupational accident fund is supplemented by the contributions from the canton and any interest accrued from the fund's assets.

2. The occupational accident fund disburses

a) Premiums for occupational accident insurance;

b) Proportional costs for case management.

1. The contributions of the insured and any interest from the fund's assets are allocated to the Fund for Non-Occupational Accidents.

2. The insured contribute payments. These are the same for employees in all personnel categories.

3. The Fund for Non-Occupational Accidents covers

a) Premiums for non-occupational accident insurance;

b) Proportional costs for case management.

1. The competent body of the independent public-law institution may submit a request to the government for the issuance or adjustment of a social plan.

1. The Loyalty Bonus shall be granted upon completion of

a) the 10th and 15th year of service in the amount of half a month's salary;

b) the 25th year of service in the amount of one month's salary.

1. For the allocation of loyalty bonuses, all years of service completed with the canton as an employee, according to Article 2, paragraphs 1 and 2 of the Personnel Act, shall be credited.

1. The amount of the loyalty bonus is determined by the salary at the end of the service year, upon the completion of which the bonus is granted. The average employment level over the last five service years is decisive.

2. The 13th monthly salary, as well as inconvenience compensation, social allowances, temporary functional allowances, and market allowances, are not included.

a) [40]

b) ...

c) ...

d) ...

3. ...

1. The supervisor may approve the receipt of the loyalty bonus in the form of paid leave upon the request of the employee, provided there are no operational reasons to the contrary.

1. The government may exceptionally grant severance pay if

a) the employment relationship is terminated by notice from the employer or by mutual agreement because constructive cooperation is no longer possible;

b) the employee is at most slightly culpable and there is no sufficient objective reason for termination according to Article 21 of the Personnel Act[41];

c) ...

d) no benefits are provided according to the terms of a social plan issued pursuant to Article 55 of the Personnel Act[42];

e) continued salary payments due to illness under Article 47 of the Personnel Act[43] or due to accident under Article 48 of the Personnel Act[44] have not been exhausted.

1. The amount of the severance payment is determined by

a) the personal circumstances of the employee;

b) the employee's prospects in the job market;

c) the duration of the employment relationship;

d) the circumstances surrounding the termination of the employment relationship;

e) the duration of any release from work duties;

f) the employee's retirement benefits.

2. It is calculated based on the annual salary, including the 13th month's salary, excluding allowances and variable salary components.

1. Survivors according to Article 42 of the Personnel Act are

a) the surviving spouse;

b) the registered partner;

c) the partner who lived with the deceased in a marriage-like community;

d) the children, parents, grandchildren, and siblings of the deceased.

2. In the absence of entitled survivors, the salary shall be allocated to the estate until the end of the month of death.

1. The salary creditable for posthumous wage compensation is calculated based on the employment level at the time of death, including the 13th month's salary, inconvenience compensation, as well as social, functional, and market allowances.

1. The employee shall remit to the employer any financial compensations not included in the salary, provided by third parties for activities that, in accordance with the agreement with the employer, can be performed during working hours. Excluded are compensations for public offices pursuant to Art. 67a para. 1 of this decree.

2. The provisions of the Ordinance on the Amount, Alignment, and Remittance of Compensations in Connection with the Participation in Bodies of Organizations with Cantonal Involvement (Compensation Ordinance) dated October 6, 2015, as well as the Salary Ordinance for Magistrate Persons dated September 3, 2013, remain reserved.

1. Expenses refer to the disbursements for

a) Meals;

b) Accommodation;

c) Business trips.

1. Expenses shall be reimbursed according to the rates established in this decree, provided they are actually incurred and reasonable.

2. In justified cases, the department, the state chancellery, the court, and the competent body of the autonomous public-law institution may, in agreement with the personnel office, establish flat-rate compensations.

1. Expenses are compensated for

a) Work and business meals, or when a meal must be taken outside of the workplace for business reasons;

b) Refreshments, particularly during meetings, conferences, negotiations, or on-site inspections.

1. The compensation amounts to a maximum of

a) for breakfast: CHF 8

b) for lunch: CHF 25

c) for dinner: CHF 25

d) for other consumptions: CHF 6 [48]

2. If, for special reasons, higher expenses for meals have been incurred, these may be fully reimbursed with the approval of the superior.

1. Expenses for accommodation will be reimbursed if arrival the day before is necessary or the return journey on the day of arrival is no longer possible.

2. The actual expenses, including breakfast, will be reimbursed, but not personal expenses.

1. Employees shall generally use public transportation for business trips.

2. The employer shall reimburse employees for the cost of privately purchased subscriptions, in whole or in part, as expenses.

1. Company vehicles are defined as vehicles provided or arranged by the employer for business trips.

2. If suitable public transportation is not available for business trips, or if using such transportation is not practical or reasonable for operational reasons, company vehicles are generally used.

1. The Use of Private Vehicles for Official Trips is Permissible in Exceptional Cases, Particularly When No Suitable Public Transportation or Company Vehicles are Available, or Their Use is not Practical or Reasonable for Operational Reasons.

2. The Use of Private Vehicles for Official Trips Requires the Consent of the Supervisor.

1. A mileage allowance is granted for business trips undertaken with private vehicles.

2. The mileage allowance includes the costs for a private comprehensive insurance to cover accident damages.

1. The compensation for the use of a personal vehicle is per kilometer

a)* up to 5,000 kilometers in a calendar year: Rp. 70

b)* from 5,001 to 10,000 kilometers in a calendar year: Rp. 60

c)* over 10,000 kilometers in a calendar year: Rp. 55

2. The employer may, in agreement with the personnel office, grant employees an additional 15 cents per kilometer if the personal vehicle is used predominantly under particularly difficult conditions.

1. The compensation for the use of personal small vehicles per kilometer is as follows

a) for motorized bicycles: Rp. 20

b) for motorcycles and scooters: Rp. 30

1. The use of the aircraft requires prior approval from the employer.

2. The employee must inform their supervisor about any received mileage credits, bonus points, and premiums. Their value will be accounted for within the scope of expense reimbursement.

1. Other expenses related to business trips will be reimbursed, provided they are substantiated by receipts.

1. Employees whose place of work is temporarily outside of the official work location shall be reimbursed for travel allowances to the extent of the additional costs incurred for the commute.

2. In the event of a permanent relocation of the official work location, the travel allowance will be granted during the notice period.

3. The provisions of this decree concerning the reimbursement of expenses for the use of public transportation and private vehicles shall apply accordingly to the travel allowance.

1. The government is responsible, in addition to the employment relationships designated in Art. 10 para. 1 of the Personnel Act and special legal provisions, for the establishment and termination of employment relationships

a) in the State Chancellery of

1. Deputy Secretary of State;

2. Staff member of the President of the Government;

3. Head of Legal Affairs and Legislation;

4. Head of Communications;

5. Head of Coordination Office for External Relations;

b)* ...

c) in the Finance Department, for the Head of Personnel and Organizational Development;

d)* ...

e) in the Health Department of

1. Cantonal Medical Officer;

2. Cantonal Veterinary Officer;

3. Cantonal Chemist;

4. Cantonal Pharmacist.

1. Instead of establishing a new employment relationship, the government may assign the duties of the Deputy Secretary of State and the staff member of the Governor to employees who already have an existing employment relationship.

1. Associations of state personnel are considered to be private law organizations established on a permanent basis, which aim to represent the interests of state personnel and public school teachers.

2. The personnel associations conference serves as the contact point for the government.

3. It constitutes itself and designates the negotiation delegation involved in negotiations.

1. The Financial Department represents the government, insofar as the latter does not act as a collegium or designate a special representation.

2. The Personnel Office conducts the business of social partnership.

1. Negotiations concerning matters that involve multiple staff associations are generally conducted with the Conference of Staff Associations.

2. The department or the strategic management body of the autonomous public law institution may conduct negotiations with individual staff associations regarding matters that concern staff according to the scope of operations of that department or institution, unless the government decides otherwise. The department or the strategic management body of the autonomous public law institution may involve the personnel office.

3. Employees shall have their participation in meetings of the Conference of Staff Associations and the negotiation delegation, as well as in additional meetings within the framework of social partnership at the invitation of the government or finance department, counted as working time.

1. The staff associations shall be invited to submit written consultation or to attend hearings prior to decisions by the government on matters according to Art. 6 paras. 1 and 2 of the Personnel Act.

2. They may be invited to participate in project organizations or working groups.

3. The staff associations shall be regularly informed about developments in the salary system according to Art. 6 para. 2 letter bbis of the Personnel Act.

1. Employee associations may submit proposals and applications to the government regarding matters under Art. 6 paragraphs 1 and 2 of the Personnel Act, as well as other personnel matters.

2. The government, or the Department of Finance on its behalf, generally provides a written response to the proposals and applications. Any negative response will be justified.

1. The Personnel Associations Conference receives an infrastructure contribution annually, as determined within the budget of the Canton of St. Gallen.

1. The Personnel Office supports the government, departments, and state chancellery, as well as courts and other judicial authorities, in personnel matters as a competence and service center.

2. It fulfills the tasks assigned to it by law and regulation, as well as by the government and the finance department.

1. The Personnel Office and the departments of the government, the State Chancellery, the courts, and other judicial authorities collaborate and provide each other with the information required for fulfilling their duties.

2. It collaborates pursuant to service agreements with independent public law institutions. The service agreements are concluded between the Personnel Office and the competent body of the independent public law institutions in agreement with the department to which the independent public law institution is assigned.

3. Paragraph 2 of this provision is applied accordingly to collaboration with other employers for whom the Personnel Office manages salary administration and payment.

4. When employers covered under Paragraphs 2 and 3 of this provision avail themselves of the services of the Personnel Office, the same procedures and standards apply to them as to the government, departments, State Chancellery, courts, and other judicial authorities.

**1. The Personnel Office:**

a) develops and operates tools for the implementation of personnel policy;

b) supports departments and the state chancellery as well as courts and other judicial authorities in implementing personnel policy;

c) prepares the groundwork for central personnel controlling and provides tools;

d) periodically evaluates key figures for the Secretary-General Conference and the government, reports, and suggests measures.

**2. The Personnel Office adequately involves the HR Management Conference in the fulfillment of these tasks.**

1. The Human Resources Office

a) supports departments and the state chancellery, as well as courts and other judicial authorities, in leadership activities and in personnel and organizational development;

abis)* chairs and manages the Reference Function Commission;

b) oversees central further education and training;

c)* provides, in coordination with the HR Management Conference, concepts, tools, and resources for leadership support and personnel and organizational development;

cbis)* oversees the recruitment process for employees whose employment relationship is established by the government;

d)* manages and coordinates vocational training within the administration and promotes comparable training and entry programs to ensure personnel needs are met;

e)* conducts internal case management pursuant to Article 21 of this decree for departments and the state chancellery, as well as courts and other judicial authorities.

1. The Personnel Office informs the employees of the departments and the state chancellery, as well as the courts and other judicial authorities, about personnel matters of general significance.

1. The Personnel Office, in collaboration with the departments, State Chancellery, and courts, ensures the uniform implementation of personnel law.

2. It reports to the Secretary of State, the responsible Secretary-General, or the court if it concludes that

a) Execution actions of a department are not in compliance with personnel legal regulations;

b) A department deviates from the usual practice in the application of the law.

3. It issues guidelines and provides template documents.

4. It may request the issuance of binding instructions on the implementation of personnel law from the government through the Department of Finance.

1. The Personnel Office ensures the implementation of personnel administration following consultation with the HR Management Conference and establishes the necessary procedures and standards for this purpose. In particular

a)* ...

b)* ...

c)* It provides an opinion on any proposed functional or market allowance. If there is disagreement, it reports in accordance with the appropriate application of Art. 145 para. 2 of this ordinance and informs the Head of the Department of Finance;

cbis)* ...

d)* It manages salary administration and payroll;

e)* It implements social insurance law and coordinates benefits and salary;

f)* It operates the central IT systems for personnel management and ensures their further development;

g)* ...

1. In the event of disputes, the Personnel Office may report and submit applications to the Finance Department of the Government.

1. Each department, the state chancellery, and the courts shall designate an entity responsible for personnel matters (HR Management).

2. The HR Management entities are responsible for decentralized HR consulting within the departments, the state chancellery, and the courts. In particular, they are tasked with leadership support and HR process management.

1. The Heads of HR Management form the HR Management Conference.

2. The HR Management Conference

a) participates under the direction of, and on behalf of, the Personnel Office in the development and provision of personnel policy instruments and management support;

b) coordinates the activities of HR Management and ensures their uniform implementation.

1. The term of office of the members is four years. The provisions regarding the term of office of the authorities of the canton shall be applied accordingly.

2. The government and associations of state personnel shall ensure a balanced representation of both genders when appointing members.

3. The compensation of the members shall be appropriately governed by the Ordinance on the Compensation of Non-Permanent Judges and Members of the Conciliation Authorities (Compensation Ordinance) of 19 May 2009.

1. Employees do not participate in proceedings that concern the department to which they belong according to the employment relationship.

2. Paragraph 1 of this provision is applied accordingly to employees of state chancelleries and courts.

3. In all other respects, the provisions of the Administrative Procedure Act of May 16, 1965, regarding recusal are applied accordingly.

1. The request for arbitration shall be submitted to the conciliation body in personnel matters in writing or presented orally for the record.

2. It shall identify the other party and include the application as well as the justification.

1. The conciliation body in personnel matters transmits the conciliation request to the other party and gives them an opportunity to submit a written statement.

2. It may consolidate proceedings that have substantive connections and identical or similar legal questions.

3. The president of the conciliation body in personnel matters may, in special cases, order a second exchange of written submissions before the conciliation negotiation.

1. The parties shall submit the documents necessary for the assessment of the facts and legal questions.

2. The conciliation body in personnel matters may conduct relevant inquiries and request additional documents.

1. The conciliation proceeding is not public.

2. The parties may be accompanied by a legal advisor or another trusted person. They or the conciliation office in personnel matters shall inform the other party about the representation before the conciliation proceeding.

1. The statements of the parties are confidential.

2. They shall not be used in the proceedings of the employment law claim.

1. The Conciliation Board in Personnel Matters may issue a recommendation for an amicable settlement in matters that, according to Article 79 of the Personnel Act, are the subject of a personnel law claim.

2. The conciliation procedure is deemed to have failed if both contracting parties do not agree to the recommendation.

1. The arbitration board records the amicable settlement in writing when the contracting parties reach an agreement by consenting to the recommendation or through another agreement.

2. It has the record signed by the contracting parties.

1. The Conciliation Body in Personnel Matters mentions in the determination upon the conclusion of the conciliation procedure, in particular

a) the names of the contracting parties;

b) the date of the determination;

c) the conciliation request made;

d) the subject matter of the negotiation;

e) the outcome of the conciliation procedure by reference to the amicable settlement or the failure of the conciliation procedure;

f) in the event of a failed conciliation procedure, reference to Article 81 of the Personnel Act.

2. The determination of the Conciliation Body in Personnel Matters regarding the amicable settlement of the contracting parties or the failure of the conciliation procedure is not substantiated.

1. In the event of a default by the party requesting conciliation, the conciliation request shall be deemed withdrawn. The conciliation body in personnel matters shall dismiss the conciliation request as irrelevant.

2. In the event of a default by the other party, the conciliation body in personnel matters shall ascertain the failure of the negotiation.

3. In the event of a default by both contracting parties, the conciliation body in personnel matters shall dismiss the procedure as irrelevant.

1. The costs of the conciliation procedure shall be charged to the employers who apply the cantonal personnel law based on special legal foundations, according to the actual expenses incurred.

2. The Personnel Office shall carry out the annual accounting.

1. Moreover, the provisions of the Swiss Civil Procedure Code of December 19, 2008, shall be applied mutatis mutandis in the proceedings of the conciliation body regarding personnel matters.

1. The Salary Ordinance of February 27, 1996, with the exception of Articles 29 and 30, is repealed effective June 1, 2012.

2. Articles 29 and 30 are repealed effective January 1, 2015.

1. The Ordinance on the Civil Service of March 5, 1996, is repealed with effect from June 1, 2012, with the exception of Art. 17 and Art. 22 para. 1 let. c, Art. 42 and Art. 45 para. 1, as well as Art. 51.

2. Art. 17 and Art. 22 para. 1 let. c, Art. 42 and Art. 45 para. 1, as well as Art. 51, are repealed with effect from January 1, 2013.

1. The Working Time Ordinance of May 27, 1997, is repealed with effect from June 1, 2012.

1. The Expense Regulations of December 6, 2004, are repealed with effect from June 1, 2012, with the exception of Art. 10.

2. Art. 10 is repealed with effect from January 1, 2013.

1. Performance bonuses, which have been granted pursuant to Article 32 of the State Service Regulation of March 5, 1996, shall continue to be paid as special salary allowances.

1. Articles 61 and 66 paragraph 1 letter c, Articles 94, 95 and Article 104 paragraph 2, Article 106 paragraph 3 as well as Article 127 paragraph 1 of this decree shall be applied from January 1, 2013.

2. The remaining provisions of this decree shall be applied from June 1, 2012.

1. For employees born in 1955 or earlier, for whom the benefit-based principle still applies and who have chosen a bandwidth model with an annual salary of less than 100 percent, the canton shall cover the employer contributions to the occupational pension scheme for the difference between the actual annual salary and the 100 percent annual salary for a maximum of three years.

1. The salaries of the employees shall not be changed upon the commencement of this amendment. Articles 73d, 73e, and 173 of this decree remain reserved.

1. If the salary of an employee is below the salary band of the relevant reference function on January 1, 2019, it will be increased to the minimum rate of this salary band. An exception remains for maintaining an undercut of up to 10 percent of the minimum rate if the job requirements, particularly regarding training and experience, are not fully met.

2. If the salary of an employee is above the salary band of the relevant reference function on January 1, 2019, then

a) it will be reduced to 100 percent of the maximum rate of this salary band as of January 1, 2022.

b) The employee will be granted any general salary increase according to Art. 37 et seq. of the Personnel Act from 2019 to 2021 only up to the maximum rate of the relevant salary band following the general salary increase.

3. Paragraph 2, letter a, of this provision does not apply to employees who reached the age of 60 before January 1, 2019.

1. For good or exceptionally good performance, in the year 2018, a promotion to a higher pay grade within the same salary class, to a higher salary class, or, if warranted by the previous pay classification, to the first or a higher supergrade may occur.

1. Employees shall be informed in writing before January 1, 2019, about the assignment of their position to the corresponding reference function, the applicable salary band, and the amount of their salary as of January 1, 2019.

2. Existing employment contracts and decrees that established existing employment relationships before the enforcement of the Personnel Act do not require adjustment to Article 3 letter e of this decree.

1. For overtime credits existing on December 31, 2018, the provisions of the Personnel Ordinance of December 13, 2011, in the version prior to the commencement of execution of this amendment, shall apply.

1. If the annual salary of a judge, to whom the provisions under Art. 78b to Art. 78d of this decree apply, is above the target salary as of January 1, 2020, then

a) it shall be reduced to the target salary as of June 1, 2023, but by no more than CHF 6,500;

b) any general salary increase pursuant to Art. 37 et seq. of the Personnel Act shall only be granted up to the amount of the target salary after the general salary increase, starting from the year 2020.

2. For a judge for whom a reduced target salary pursuant to Art. 78d of this decree would fundamentally apply, the salary shall be calculated on January 1, 2020, and in subsequent years as if the target salary model according to Art. 78c and Art. 78d of this decree had already been in effect at the start of the term of office.

3. Paragraph 1 letter a of this provision shall not apply to judges who have reached the age of 60 before January 1, 2020.

1. The salaries of senior physicians will not undergo any changes upon the implementation of this supplementary regulation. Articles 73d and 73e of this decree remain reserved.

2. If the salary on January 1, 2024, is above the salary band of the relevant reference function, it will

a) be reduced to 100 percent of the maximum rate of this salary band as of January 1, 2027;

b) any general salary increase stipulated in Art. 37 et seq. of the Personnel Act will be granted to the senior physician from 2024 to 2026 only up to the maximum rate of the relevant salary band after the general salary increase.

3. Paragraph 2 letter a of this provision does not apply to senior physicians who have attained the age of 60 before January 1, 2024.

4. Senior physicians will be informed in writing before January 1, 2024, about the assignment of their position to the corresponding reference function, the relevant salary band, and the amount of salary as of January 1, 2024.

1. In justified cases, the employer may continue to grant a performance bonus according to Art. 10 of the Ordinance on the Salaries of Senior Physicians dated September 19, 2006, in the version prior to the commencement of this amendment, for up to three years after the commencement of this amendment. During this period, the application of Art. 78j of this ordinance is excluded for the affected senior physician.