Act on the Employment Relationship of State Personnel (Personnel Act) (Personalgesetz) - Subject Matter and Scope

1. This law regulates the employment relationship between the canton and its staff.

2. It applies to all employees, unless specific legal provisions exist.

3. It also applies to the members of the government council, insofar as their concerns are not regulated by the cantonal council.

4. Not subject to this law are

a) Apprentices according to the Federal Act on Vocational Education and Training; with them, an apprenticeship contract is concluded in accordance with the Code of Obligations (CO)

b) Persons employed based on Art. 3 para. 3 of this law or special statutory provisions according to the CO

c) Members of commissions; unless specific provisions exist, their concerns are regulated by the government council

5. Employees within the meaning of this law are persons who are in state service with full or partial positions, including those elected for a term of office.

6. The law applies accordingly based on the Municipal Act to the employees of the municipalities and their institutions.

1. The canton ensures contemporary employment and working conditions.

2. The government council issues a policy framework for its personnel policy. This should, in particular, enable the recruitment and retention of suitable employees, promote equality between women and men, and contain the principles of personnel management and development.

3. The government council reviews the policy framework at least once during its term of office. It creates the necessary conditions for implementation.

1. Employees are subject to rights and obligations in accordance with cantonal law.

2. Insofar as the cantonal law does not contain any provisions, the relevant provisions of the Swiss Code of Obligations (OR) apply analogously to the employment relationship.

3. The government council may, in justified cases, subject individual employment relationships to the Swiss Code of Obligations (OR).

4. For disputes arising from the employment relationship of employees subjected to the Swiss Code of Obligations (OR), civil jurisdiction is responsible.

5. The government council may, after informing the affected parties, deviate from individual provisions for certain offices, areas, or categories of personnel for a limited time to test the implementation of planned innovations. The results are to be evaluated.

1. The government council may conclude collective labor agreements with staff associations for all employees, specific personnel categories, or areas, concerning matters for which it has final regulatory authority.

2. It may declare the agreed provisions binding for employees who are not members of the corresponding associations.

3. The provisions of the collective labor agreements become integral parts of the individual employment relationships.

1. Positions to be filled are generally to be advertised.

2. The Governing Council regulates the procedure for filling positions.

1. The employment relationship is of a public-law nature.

2. It arises with the conclusion of a written employment contract or upon election for a term of office, insofar as this is provided for.

3. A prerequisite for employment is, in particular, professional and personal suitability. The government council regulates the specifics. It may provide for additional employment conditions.

4. At the start of employment, a probationary period generally applies. It lasts three months, unless otherwise prescribed or agreed. It may be set or extended to a maximum of six months.

1. The employment contract is generally to be concluded for an indefinite period.

2. Employment relationships are established for a term of office when the election body is the public or the Cantonal Council. Members of the judicial authorities elected by the Higher Court are elected for a term of office.

3. In justified cases, the Government Council may provide for the election for a term of office for additional persons.

1. The appointing authority is the Government Council or, in the area of judicial administration, the Supreme Court, insofar as the authority to appoint does not arise from the constitution or specific statutory provisions.

2. The Government Council or the Supreme Court may delegate the appointment.

3. The authority to appoint includes all further personnel-related decisions, unless otherwise regulated. The Government Council may provide for the involvement of personnel services or other departments in certain decisions.

4. If the electorate or the Cantonal Council is the electoral authority, the competencies in personnel matters fall to the Government Council or the Supreme Court. The electoral authority is responsible for dismissal.

1. The employment relationship is terminated by

a) Termination of the employment contract (Art. 10, 11, and 13)

b) Termination of the employment relationship upon the duration of office (Art. 14)

c) Early transfer or early retirement according to the provisions on pension plans (Art. 39)

2. The employment relationship ends without termination

a) Upon the expiration of the agreed duration

b) * Upon reaching the ordinary AHV age; the employment authority may, in agreement with the concerned individual, extend the employment relationship

c) Upon the death of the employee

d) To the extent that the conditions for a disability pension from the pension fund are met; the governing council regulates the procedure

3. The employment relationship may be modified by the employer or by mutual agreement of the contractual parties (Art. 12).

4. The contractual parties may terminate the employment relationship by mutual agreement deviating from the provisions of this law. Reservation is made for a severance (Art. 17 para. 1).

5. Special provisions remain reserved, particularly for individuals elected by the people or the cantonal council.

1. The fixed-term employment relationship may be terminated during its duration like an indefinite employment relationship (Art. 11).

2. The contracting parties may agree that the fixed-term employment relationship can only be terminated for important reasons (Art. 13) before its expiration.

1. The permanent employment contract can be terminated by either party.

2. During the probationary period, the employment relationship can be terminated at any time with a notice period of seven days. A longer notice period may be required or agreed upon, but it shall not exceed 30 days. During an extended probationary period, the notice period is 30 days.

3. After the probationary period expires, the notice period is two months, and from the second year of service, it is three months. A longer notice period may be required or agreed upon, but it shall not exceed six months. Termination can occur at the end of a month unless another date is required or agreed upon.

4. After the expiration of the probationary period, the employer can terminate the employment relationship for valid reasons. The early retirement (Art. 9 para. 1 lit. c) remains reserved. Valid reasons particularly include

a) serious or repeated breach of duties arising from the employment relationship

b) inadequate performance or conduct that persists or recurs despite a warning

c) lack of suitability or willingness to perform the agreed-upon work, or lack of willingness to perform other reasonable work

d) significant economic or operational reasons, provided that no other reasonable position can be offered to the affected person or is not accepted by them

e) long-term significant impediment in fulfilling duties; in this case, the employment relationship may be terminated at the end of salary continuation due to illness or accident

f) commission of a criminal act that is incompatible with fulfilling duties

g) material false statements or concealment of material facts during hiring

h) loss or non-fulfillment of an employment condition

1. The employment relationship may be modified by the employer for valid reasons, subject to compliance with notice periods and deadlines.

2. The parties to the contract may modify the employment relationship at any time by mutual agreement.

1. The employment relationship may be terminated at any time without notice for important reasons.

2. Important is any reason that makes the continuation of the employment relationship unreasonable for the affected contracting party.

1. The electoral authority may terminate the employment relationship of individuals elected for a term of office prior to the end of the term for important reasons (Art. 13).

2. Non-re-election at the end of a term of office is possible for factual reasons (Art. 11).

3. The termination of the employment relationship by the canton must be justified, unless the electorate or the cantonal council is the electoral authority.

4. The notice period for individuals elected for a term of office is six months, unless otherwise prescribed or agreed.

1. Termination by the employer shall be annulled at the request of the employee if it

a) results from the proper enforcement of statutory or regulatory directives by the employee,

b) is solely the result of a change in the appointment or supervision authority, unless stipulated otherwise for specific employment relationships or an exception is provided for in the employment contract,

c) is deemed abusive in the sense of the Swiss Code of Obligations (OR).

2. The prerequisites and effects of termination at an improper time are governed by the provisions of the Swiss Code of Obligations (OR).

3. Protection against termination due to gender discrimination is governed by the Federal Act on Gender Equality.

4. Termination that has been declared is valid subject to paragraphs 1 to 3. If the termination by the employer is subsequently proven to be not sufficiently justified or if a fundamental procedural principle has been grossly violated, the employee has the right to compensation, provided no re-employment occurs by the employer. There is no entitlement to the continuation of the previous or entry into a new employment relationship.

5. Compensation is calculated according to the provisions of the Swiss Code of Obligations on abusive termination. An exception remains for a severance payment (Art. 17 para. 1).

1. Insofar as this law does not contain any regulations, the procedure and legal protection are governed by the Administrative Procedure Act.

2. The establishment and extension, modification, termination, non-renewal, and amicable dissolution of the employment relationship must be in written form. If the parties cannot agree on the termination, the employer shall issue a notice in the form of a decree.

3. If no agreement is reached in disputes arising from the employment relationship, the employer shall issue a decree.

4. The employer may waive the justification of a decree. The employee may request a justification along with instructions on legal remedies within 20 days. In such cases, the deadlines for legal remedies commence with the delivery of the justification.

5. The employee must be heard before an adverse decree is issued. If an immediate decision is necessary in the public interest, the hearing must be conducted as soon as possible thereafter.

6. The hearing may be conducted orally or in writing. The relevant personnel service must be given the opportunity to participate. The employee may bring a trusted person to an oral hearing.

7. Legal remedies against decrees concerning provisional measures, the modification, or termination of the employment relationship do not have a suspensive effect unless the issuing or instructing authority orders otherwise.

8. The procedure is free of charge, except in cases of frivolity, provided that the disputed amount does not exceed the limits set in the employment contract law of the OR.

1. Termination of Employment by Employer: If the employment relationship is terminated by the employer without the employee having predominant fault, severance pay is owed, provided that the employment relationship has lasted at least 10 years and the employee has reached the age of 45. In justified individual cases, the government council may provide for severance after the completion of the 40th year of age. The government council shall regulate the details.

2. Termination Due to Workforce Reduction: If a larger number of employment relationships are terminated due to workforce reduction, the government council, in consultation with the staff associations, shall establish a social plan. This plan governs the benefits provided by the state, taking into consideration the severance pay. It may also include additional benefits or benefits of other kinds.

1. Employees are entitled to protection of their health and personal integrity at the workplace.

1. Employees are entitled to a reasonable salary. This is determined by the demands and strains of the position, as well as performance and experience, and takes the labor market into account. During employment, beneficial experience must be appropriately considered.

2. The Cantonal Council decides upon the necessary total wage bill with the budget, based on the duties to be performed and existing obligations. If duties are expanded or reduced, the corresponding resources must be adjusted. The Cantonal Council considers the development of living costs, the economic situation, personnel and wage policy objectives, the cantonal finances, as well as the conditions in the labor market. Adequate resources are to be provided for performance-related salary components. In the case of poor economic conditions and strained cantonal finances, waivers can be made in whole or in part.

3. The Executive Council makes the final decision on the use of the approved wage bill, particularly for performance-based and inflation-related salary adjustments.

4. The Executive Council regulates the principles of salary determination, in particular

a) the salary structure

b) the allocation of functions within the salary structure

c) the procedure for salary development

d) the procedure for job evaluation

e) salary determination and development for new hires and new tasks

f) the responsibilities for internal distribution of resources and salary determinations

g) the functions whose salary does not include a performance component, and the procedure for salary development for the same

h) *...

5. The determination of their salary is communicated to employees in writing.

6. The Cantonal Council regulates the salary for members of the Executive Council as well as judges at the Supreme Court and the Cantonal Court. The remuneration of the State Secretary corresponds to that of the President of the Supreme Court.

1. The Executive Council provides the employees with an appropriate cost-of-living adjustment within the salary sum approved by the Cantonal Council. It regulates the details.

1. The government council regulates

a) Allowances and compensation for irregular work or additional services

b) Measures and benefits for the recruitment, retention, and reward of employees

c) The granting of anniversary gifts for long-term employment

d) The inclusion of benefits in kind in the salary

e) Reimbursement of expenses and compensation for inconveniences

f) The provision of equipment, service clothing, and other materials necessary for the fulfillment of duties

g) Benefits for survivors in the event of an employee's death

2. It may provide for additional measures and benefits, in particular

a) Measures to support employees in career redirection and changes

b) The operation or support of facilities for the benefit of employees

c) Discounts on services and products of the canton

d) The private use of official facilities

1. Employees are entitled to an evaluation of their performance and conduct.

2. Supervisors generally conduct a personnel meeting with their employees once a year.

3. The personnel meeting serves as a means for determining the current status, reviewing task fulfillment, setting goals, promoting collaboration and professional development, as well as evaluating performance.

4. It provides a basis for performance-based compensation and goal-oriented development of employees, and, if necessary, for personnel-related measures.

5. The governing council regulates the specifics. It may provide for an evaluation of supervisors.

1. The employees are entitled to a minimum of four weeks and two days of vacation annually. The executive council shall regulate the details.

1. Leave of absence refers to any approved period of absence from work upon request.

2. Leave can be granted if operational circumstances allow.

3. It may be granted as paid, partially paid, or unpaid, depending on the interests involved.

4. Training and further education or other personnel development measures can be supported by granting leave.

5. Employees receive paid short-term leave of appropriate duration for personal events.

6. The government council shall regulate the details.

1. The employer establishes the conditions for sustainable personnel development, particularly by promoting training and continuing education.

2. In addition to promoting role-specific skills and long-term flexible deployability, the employer also promotes professional, self, and social competencies.

3. The employer supports the training of trainees within the canton.

4. Employees are personally responsible for pursuing professional development. They may be required to undergo further training.

5. The employer bears the costs of personnel development measures initiated by them. The full or partial coverage of costs is otherwise determined based on the interest situation.

6. The executive council regulates the particulars.

1. If the employer provides significant contributions towards the costs of training and continuing education or other personnel development measures, or if a longer paid leave is granted, employees are generally obligated to repay the expenses if they leave public service within a certain period or discontinue the training.

2. The canton may discharge existing repayment obligations for training contributions to previous employers for individuals entering its service if a business interest is demonstrated.

3. The government council shall regulate the details.

1. The employer and its bodies communicate and provide information at all levels openly, directly, timely, and in accordance with needs.

2. Employees have a right to participate in all matters affecting them. They exercise this right through staff associations, the personnel commission, the operational commissions, as well as personally.

3. The personnel commission is predominantly composed of representatives from the staff associations. It serves as a negotiating partner for the government council in general personnel matters.

4. Before significant changes to personnel and salary law or the organizational structure are made, the personnel commission and staff associations must be given the opportunity to comment.

5. Negotiations with individual staff associations are generally conducted with their representatives in the personnel commission.

6. Every employee has the right to comment on issues regarding the organization of their own work and workplace.

7. The government council regulates the specifics.

1. Employees are invited to propose organizational, technical, and economic improvements to the administration or operation.

2. A reward may be granted for suggestions.

3. The government council shall regulate the specifics.

1. The employer shall protect the employees from unjustified attacks and claims.

2. The government council shall regulate the assumption of costs for legal disputes that arise against employees in connection with their official duties towards third parties.

1. Employees are required to carry out their assigned duties personally, diligently, conscientiously, and economically, and to protect the legitimate interests of the employer in good faith.

2. They are obligated to assist and represent each other in official tasks.

3. They are subject to the official and professional authority of their superiors.

4. When circumstances require and insofar as it is reasonable for them, employees may be assigned other or additional tasks, or a new area of responsibility at the same or a different workplace. Any associated salary reduction can only be implemented in compliance with the notice period.

1. The structuring of working hours takes into account the needs of the public, the enterprise, as well as the employees.

2. The government council regulates working hours and their allocation, as well as rest and leisure time.

3. It promotes individual and flexible working hour models and forms.

4. Employees may be required to work outside regular business hours and beyond the target working time if the task demands it and it is reasonable for them.

1. Insofar as it is necessary for the fulfillment of duties, the government council or the employment contract may provide for the obligation of the employees to

a) reside in a specific place or area, or occupy an assigned residence;

b) be able to reach the workplace within a certain time frame;

c) use certain devices, work clothes, or safety equipment.

2. Employees must remit income derived from activities benefiting third parties to the employer, insofar as they undertook the relevant tasks in connection with their employment relationship. The government council or the employment contract may provide for exceptions.

3. Employees are prohibited from accepting, demanding, or promising to accept gifts or other benefits for themselves or others in connection with their work performance. Exemptions are gifts of minor value and scientific and cultural awards.

1. To ensure public safety or the supply of essential goods and services, the government council may restrict or suspend the right to strike for certain categories of personnel.

1. Employees are obligated to maintain confidentiality regarding matters from the employment relationship that are inherently or by specific provision to be kept secret. This duty persists after the termination of the employment relationship.

2. ...

1. Employees who, in the course of their professional duties, identify a grievance within the organization or institution, namely criminal acts or other irregularities, are entitled to report the grievances to the cantonal ombudsman's office.

2. Anyone who, under the conditions of paragraph 1, reports a grievance in good faith does not violate confidentiality obligations or official secrecy and must not be disadvantaged in their professional position for this reason.

3. The government council shall regulate the details.

1. The exercise of secondary employment and public offices must not adversely affect the fulfillment of duties. The government council shall regulate the details.

**1. The Rights to Inventions and Copyright-Protected Works Created by Employees in the Course of Their Official Duties**

The rights to inventions and copyright-protected works that are created by employees in the performance of their official duties shall transfer to the canton. The competent department may award appropriate compensation in cases of significant economic importance.

**2. Offering Inventions and Works Related to Official Duties to the Canton**

Inventions and works created in connection with official duties must be offered to the canton for acquisition. The competent department shall grant appropriate compensation for acquired rights.

1. Employees and job applicants may be required to undergo a medical examination by a trusted physician in justified cases.

1. In the event of complete or partial incapacity to work due to illness or accident, full wages will be paid for a maximum duration of 12 months.

2. In justified exceptional cases, the employer may also provide additional benefits after the expiration of wage continuation and upon termination of the employment relationship.

3. Female employees are entitled to four months of wage payment during pregnancy and childbirth, provided the employment relationship has lasted more than nine months. If the duration is shorter, there is an entitlement to two months of wage payment.

4. The government council regulates further details. It also regulates

a) the wage payment for mandatory and voluntary services as well as other activities outside of the employment relationship

b) the crediting of benefits from mandatory social insurance to the wage and additional benefits

c) the wage payment in the event of self-inflicted incapacity to work

1. The Pension Fund Act regulates the protection of employees against the economic consequences of disability, old age, and death.

2. Employees who retire or are transferred within a certain period before reaching the AHV retirement age receive a transitional pension.

3. It may also be stipulated that employees who are retired before they are entitled to a transitional pension receive transitional benefits for a maximum of five years.

4. The government council regulates the details of the employer's benefits.

5. The cantonal council may supplement the pension fund benefits for retired cantonal employees with cost-of-living allowances, provided that the pension fund cannot ensure full cost-of-living adjustment without a premium increase.

1. Employees are insured against occupational and non-occupational accidents as well as occupational diseases according to the provisions of the Federal Law on Accident Insurance.

2. Additional insurance policies can be concluded.

3. The government council regulates further details, in particular the participation of the canton and the employees in the premiums.

1. If the performance or conduct of employees does not meet the requirements or if obligations under the employment relationship are violated, the employing or supervisory authority shall take the necessary measures to ensure the orderly execution of duties.

2. In particular, the authority may

a) issue a warning

b) give a reprimand

c) set a probationary period

d) order the assignment of different tasks or a transfer

e) impose a salary reduction

f) threaten termination of the employment relationship

g) terminate the employment relationship in accordance with the relevant provisions

3. Measures can be combined.

1. The admonition is delivered orally after clarification of the facts and hearing of the parties involved. It must be recorded in writing together with any possible statement from the parties involved. The remaining measures shall be ordered by decree in accordance with the procedure set out in Art. 16 para. 3 et seq.

2. The employing or supervisory authority may provisionally suspend employees and wholly or partially withhold salary payments if

a) there are sufficient indications of an important reason justifying the termination of the employment relationship,

b) a criminal proceeding has been initiated due to a crime or misdemeanor,

c) significant public interests or an administrative investigation require it.

3. Superiors may take urgent preliminary measures that cannot be postponed. These must be promptly submitted to the employing or supervisory authority for approval. In the appeal proceedings, the instructing authority may order provisional measures.

1. The Personnel Office is the general agency responsible for personnel matters.

2. It assists the Executive Council and the administration in implementing personnel policy and in the uniform application of personnel law.

3. It works directly with administrative and judicial authorities and supports the agencies through consultation and additional services. It issues technical directives within the scope of its responsibilities.

4. The Executive Council regulates the details. It may provide for additional personnel services.

1. The Government Council issues the detailed provisions provided for in this Law, as well as the necessary enforcement provisions.

2. It may delegate the authority to issue the provisions under paragraph 1 for specific regulatory or organizational areas to the departments, judicial authorities, institutions, or enterprises.

3. Where justified by substantive reasons, the implementing provisions may provide for differing regulations for certain categories of personnel.

4. The municipalities to which this law applies may regulate the authority to issue implementing provisions differently in the municipal constitution or in a generally binding regulation.

1. Upon the enactment of this law, all provisions conflicting with it shall be repealed, particularly the Law on Employment Relations of State Personnel (Personnel Law) of October 26, 1970.

1. The laws and decrees listed in the appendix are amended.

2. The Government Council may editorially adjust divergent personnel law provisions and designations in other laws and decrees in accordance with this Act by way of ordinance.

1. For employment relationships existing at the time this Act takes effect, the new law applies unless they have already been terminated under the old law.

2. The previous implementation provisions continue to apply insofar as they do not contradict this Act and as long as new regulations based on this Act are not issued.

3. Facts that occurred before the new law took effect do not provide a basis for the retroactive application of the new law.

4. The employment relationship of cantonal officials elected for terms of office under the old law, as well as elected teachers subject to the personnel law, shall be converted by law into an indefinite employment relationship, unless they are to continue being elected for terms of office.

5. Employees who are no longer to be elected for terms of office newly shall receive a written employment contract successively, but at the latest at the next change in the individual employment relationship. Until a contract is concluded, the provisions of this Act and the implementation provisions shall be considered as contract content.

6. Employees shall be individually assigned to the salary structure under the new law taking into account a functional evaluation. The government council shall establish an ombuds office for complaints related to the transition and shall regulate the procedure. Legal recourse shall be available only after the procedure before the ombuds office has been conducted.

7. The most recently received salary is guaranteed for a maximum of three years during the transition. If the current salary of an employee exceeds the maximum salary according to the new salary system, cost-of-living allowances and real salary increases shall not be paid until the salary based on the new classification reaches the guaranteed amount. If this is not the case after three years, the salary shall be set to the maximum of the new classification.

8. If the current salary of an employee is below the minimum salary according to the new salary system, adjustment must be made as quickly as possible within the available means, but at the latest within two years. To maintain appropriate salary relations within the same function, employees whose salaries are already within the limits of the new salary system shall be gradually increased at the same time. New employees in the same function must not be favored.

1. This law is subject to a referendum. It shall enter into force on a date to be determined by the Governing Council. It may be implemented in stages over time and according to personnel categories.

2. For municipalities to which this law applies, the Governing Council may allow the previous law to remain in effect for no longer than one year, provided the necessary adjustments have not been completed by the time the new law comes into force.

3. This law shall be published in the Official Gazette and incorporated into the cantonal law collection.