Ordinance on Personnel Law (Personalrechtsverordnung; PRV) - Terms (GAV)

1. Classification means the assignment of a function to a salary class according to § 239 of the Collective Employment Agreement of the Canton of Solothurn dated October 25, 2004 (CEA).

2. Grading means the assignment of a person to an experience level within a salary class.

1. This regulation does not apply to the Pension Fund of the Canton of Solothurn, with the exception of § 15.

1. Insofar as this ordinance contains special provisions for the Solothurn Building Insurance, these take precedence over the regulations applicable to autonomous institutions.

1. For the classification in administration, independent institutions, and cantonal schools as well as for grading, the Human Resources Office is responsible, insofar as salary classes 1-23 are concerned; the Human Resources Office acts upon the proposal of the department. In case of disagreements, the Council of Ministers decides.

2. For the classification and grading from salary class 24 onwards, the Council of Ministers is responsible.

1. The Personnel Office is responsible for the classification at the Solothurn Building Insurance, acting on the proposal of the Solothurn Building Insurance. In case of disagreements, the Cantonal Government decides.

2. The Solothurn Building Insurance is responsible for the classification.

1. The Court Administration Commission is responsible for the classification and grading at the courts.

1. The Personnel Office is responsible for the classification of Solothurner Spitäler AG, acting on the proposal of Solothurner Spitäler AG. In case of discrepancies, the decision rests with the Government Council.

2. Solothurner Spitäler AG is responsible for the grading.

1. The personnel office is responsible for the classification in elementary school. It acts on the proposal of the elementary school office.

2. ...

3. The elementary school office is responsible for the grading.

1. The job description is a tool for classification and a management instrument.

2. The departments, institutions, the court administration commission, and Solothurn Hospitals Ltd. ensure that job descriptions are created for all positions within their area.

3. The personnel office issues guidelines regarding the content and form of the job descriptions.

1. The election or appointment authority responsible for the advertisement publicly announces newly vacant positions as needed. A need exists if the position is not filled internally.

1. Responsible for the advertisement of a position are

a) The Personnel Office for

1. The officials or civil servants elected by the Cantonal Council as well as the employees of the cantonal administration and the dependent institutions;

2.* The managing director of the Compensation Fund of the Canton of Solothurn and the Disability Insurance Office of the Canton of Solothurn, as well as for the director of the Cantonal Pension Fund Solothurn;

3. The director of the agricultural and domestic school Wallierhof;

4. The members of the police force;

5.* The teachers at the cantonal schools;

b) The Judicial Administration Commission for the employees of the courts;

bbis)* The Board of Directors of the Solothurn Building Insurance for the chairman of the board of the Solothurn Building Insurance;

c) The Solothurn Hospitals AG for the employees of the hospitals;

d) The Compensation Fund of the Canton of Solothurn, the Disability Insurance Office of the Canton of Solothurn, the Solothurn Building Insurance, and the Cantonal Pension Fund Solothurn for the employees assigned to them;

e) The agricultural and domestic school Wallierhof for the agricultural teachers, domestic staff, and the estate operation personnel;

f)* ...

2. For the teachers of the public school system, the special legislation applies.

3. The job advertisement procedure for officials or civil servants elected by the public is governed by the electoral legislation.

1. The job advertisement contains a description of the scope of duties, the optional or employment requirements, and the address for submission of the application, which is specified by the department responsible for the announcement.

2. The personnel office issues directives regarding the format of job advertisements.

1. The offices where applications must be submitted shall examine them for completeness and confirm their receipt immediately after the application deadline.

2. The Personnel Office shall continuously forward the applications it has received to the office that has a position to fill.

3. After the application deadline, the Personnel Office shall prepare a list of all applications received for all administrative positions to be filled by the Executive Council. If the Cantonal Council is the election authority, the list of applications shall be sent to the Executive Council and the parliamentary services.

1. The departments with a newly vacant position shall conduct the selection procedure.

2. The selection procedure for officials elected by the people is governed by the election legislation.

3. The selection procedure for officials elected by the Cantonal Council is governed by the Rules of Procedure of the Cantonal Council.

1. The department responsible for conducting the selection process submits the justified employment application to the Personnel Office through official channels, insofar as the employment decision does not fall within its competencies.

2. If the Government Council is responsible for the employment decision, the Personnel Office submits the employment application to the Government Council through official channels, along with a proposal for salary determination.

3. The courts and the court administration submit their employment application to the Court Administration Commission. Prior to this, they obtain a salary determination proposal from the Personnel Office.

1. The Cantonal Council elects the officials listed in Article 75, paragraph 1 of the Cantonal Constitution as well as the Secretary of the Council.

2. The Personnel Office appoints the employees of the administration, the autonomous institutions, and the cantonal schools, provided the salary falls within salary classes 1 to 23 (§ 239 GAV). If the Personnel Office does not agree with the department's proposal, the Government Council decides. If the salary is set in a higher salary class, the Government Council is responsible for the appointment.

3. The Court Administration Commission appoints the employees of the courts and the court administration.

4. The Solothurn Hospitals AG employs the workers of the hospitals.

4bis. The Solothurn Building Insurance employs the workers of the Solothurn Building Insurance.

5. The Agricultural and Domestic School Wallierhof employs the domestic workers and the staff of the estate operation.

6. Special legislation applies to the teachers of the public school.

7. The Head of Financial Control appoints the staff of the Financial Control.

1. The Personnel Office may issue guidelines for determining the initial salary (§ 131 GAV).

1. The Department of Finance instructs on appeals that are lodged with the Government Council pursuant to § 53 of the State Personnel Act.

2. Section 34, paragraph 1 of the Act on Legal Protection in Administrative Matters (Administrative Procedure Act) of 15 November 1970 is applicable.

1. The Department of Finance represents the Canton in matters related to pecuniary claims arising from civil service or employment law. It represents the Canton in court.

2. The Solothurn Hospitals AG and the Solothurn Building Insurance independently address such matters and appear in court themselves if the decision regarding the pecuniary claim does not fall under the jurisdiction of the Executive Council.

3. The municipalities address pecuniary claims concerning elementary school teachers and appear in court themselves if the decision regarding the pecuniary claim does not fall under the jurisdiction of the Executive Council.

1. To ensure the uniform application of personnel regulations, the Personnel Office holds the right of supervision and instruction over the decentralized employment authorities and offices.

2. The Personnel Office consults with the Solothurn Hospitals AG and the Solothurn Building Insurance before issuing instructions.

1. The authorities responsible for the following activities pursuant to the Collective Labor Agreement (CLA) are

a) Collection of the solidarity contribution (§ 28 CLA): the Personnel Office;

b) Termination of the employment relationship by mutual agreement (§ 47 para. 1 CLA): the Appointment Authority;

bbis)* Immediate termination of the employment relationship for valid reasons (§ 46 CLA): the Appointment Authority;

c) Agreement on severance pay (§§ 47 para. 3 and 53 para. 1 CLA): the Executive Council;

d) Implementation of core working hours (§ 83 CLA): the head of a department;

e) Refusal of vacation pay due to illicit work (§ 99 para. 2 CLA): the Personnel Office;

f) Reduction of vacation entitlement (§ 107 CLA): the Personnel Office;

g) Determination of the starting salary (§ 131 CLA): the Personnel Office;

h) Classification into an entry-level position (§ 132 CLA): the Personnel Office;

i) Denial of the experience bonus (§ 133 para. 2 CLA): the Personnel Office;

j) Monitoring of expense claims for business trips (§ 158 para. 2 CLA): the responsible Department;

k) Monitoring of mileage allowances (§ 165 para. 2 CLA): the responsible Department;

l) Monitoring of expense claims for telephone charges (§ 167 para. 2 CLA): the responsible Department;

m) Determination of the entitlement to paid leave as a loyalty bonus (§ 168 CLA): the Personnel Office;

n) Determination and reduction of the entitlement to a service anniversary gift (§ 171 CLA): the Personnel Office;

o) Calculation of the flat-rate premium for mandatory non-occupational accident insurance (§ 185 para. 3 CLA): the Personnel Office;

p) Conclusion of repayment agreements (§ 197 CLA): the responsible Department;

q) Determination of the starting salary for police officers (§ 283 CLA): the Personnel Office;

r) Approval of study leave (Wallierhof) (§ 314 CLA): the Department of Economic Affairs;

s) Recruitment of interns (§ 325 CLA): the Personnel Office.

1. The legal relationships between Solothurner Spitäler AG and its employees are governed by the legislation on public personnel. In particular, the Law on Public Personnel and the Collective Labor Agreement of October 25, 2004, are fully applicable.

1. Solothurner Spitäler AG independently executes personnel law, subject to sections 20-25 of this regulation.

2. In particular, it holds all the authorities assigned to the employing authority by the personnel legislation. It is also responsible for

a) the immediate termination of the employment relationship for important reasons (§ 28 para. 4 lit. b StPG);

b) the extension of the employment relationship beyond the ordinary retirement age (§ 49 para. 2 GAV);

c) the determination of compensation for the use of employees’ equipment and materials for work performance (§ 67 para. 2 GAV);

d) the approval of a non-automatic time recording system (§ 91 para. 2 GAV);

e) the inspection of vacation controls (§ 110 GAV);

f) the decision regarding the amount of the performance bonus in cases of discrepancies between superiors and employees (§ 139 para. 4 GAV);

g) the decision on compensation for property damage during business trips (§ 164 para. 5 GAV);

h) the decision regarding an additional salary benefit (§ 49 para. 2 StPG);

i) the decision regarding legal representation (§ 207 para. 3 GAV);

j) consent to the engagement of an external specialist by the trusted person (§ 220 para. 4 lit. c GAV);

k)* the exceptional increase of the basic salary by up to 20 percent (§ 240 lit. b GAV);

l) granting of a functional allowance (§ 140 para. 2 GAV);

m) authorization to testify in court (§ 39 para. 4 StPG);

n) all decisions previously made by the hospitals, such as

1. consent to the reimbursement of unavoidable expenses for business reasons (§ 154 para. 2 GAV);

2. approval for attendance at meetings, conferences, courses, etc. (§ 156 para. 1 GAV);

3. designation of trusted persons in cases of sexual harassment and bullying (§ 219 para. 2 lit. c and § 232 para. 2 lit. c GAV);

4. payment of a positive flexitime balance by the cut-off date (§ 79 para. 2 and § 251 para. 2 GAV);

5. the employment of interns in the hospitals (§ 325 GAV);

6. ensuring an orderly operational process in accordance with § 71 GAV;

7. determination of the cut-off date according to § 79 paragraph 1 GAV.

o)* issuing of instructions regarding the content and form of job descriptions and job advertisements.

3. Solothurner Spitäler AG regulates internal responsibilities in a set of regulations.

1. The Government Council may decide on severance compensations.

1. The Executive Council adopts additional contractual provisions for the CEO and the Medical Director, deviating from the collective labor agreement (CLA), upon the proposal of Solothurner Spitäler AG (§ 45bis para. 2 StPG).

2. The cantonal hospital may enter into additional contractual agreements with the Chief Physicians and Senior Physicians (§ 2 para. 3 StPG).

1. The uniform premium calculated by the Human Resources Office for the compulsory non-occupational accident insurance (§ 185 para. 3 GAV) also applies to the employees of Solothurner Spitäler AG.

1. The standard working hours calculated by the Personnel Office (§ 75 GAV) also apply to Solothurn Hospitals AG.

1. The Personnel Office administers the daily sickness allowance insurance (§ 179 Para. 1 GAV).

1. The authority of the Personnel Office to issue directives regarding the essential content of the employment contract (§ 38 para. 3 GAV) also applies to Solothurner Spitäler AG.

2. The Personnel Office consults Solothurner Spitäler AG before issuing such directives.

1. The Solothurn Building Insurance holds all powers assigned to the hiring authority by the personnel legislation when executing personnel law. It particularly possesses the following competencies

a) Determination of the initial salary (§ 131 GAV);

b) Classification in an entry-level category (§ 132 GAV);

c) Denial of the experience bonus (§ 133 para. 2 GAV);

d) Determination of the entitlement to paid leave as a loyalty bonus (§ 168 GAV);

e) Determination and reduction of the entitlement to a service anniversary gift (§ 171 GAV);

f) Conclusion of repayment agreements (§ 197 GAV);

g) Hiring of interns (§ 325 GAV);

h) Termination of the employment relationship by mutual agreement (§ 47 para. 1 GAV);

i) Immediate termination of the employment relationship for important reasons (§ 28 para. 4 lit. b) StPG;);

j) Extension of the employment relationship after reaching the standard retirement age (§ 49 para. 2 GAV);

k) Decision on the amount of a performance bonus in cases of disputes between supervisors and employees (§ 139 para. 4 GAV);

l) Decision on an additional severance pay (§ 49 para. 2 StPG);

m) Decision on legal assistance (§ 207 para. 3 GAV);

n) Exceptional increase of the base salary by up to 20 percent (§ 240 lit. b GAV);

o) Authorization to give testimony in court (§ 39 para. 4 StPG);

p) Decision on granting unpaid leave (§ 122 para. 3 GAV);

q) Reception of reports from public offices and side activities and decision on their approval (§§ 63 and 65 GAV);

r) Issuance of instructions regarding the content and format of the job description and the job advertisement.

2. The Solothurn Building Insurance regulates the internal competencies through a regulation.

1. Institutions and enterprises that provide meals to employees shall charge a price that covers the marginal costs. The management of the institution or enterprise may authorize exceptions.

2. Any concessions based on the collective labor agreement are reserved.

1. If the collective labor agreement has lapsed, the Department of Finance and the Personnel Office regularly inform the employee associations about fundamental issues of personnel policy and important organizational changes, simultaneously giving them the opportunity for discussion.

1. The commissions provided for in §§ 51 and 52 of the State Personnel Act (StPG) are appointed at the time when the Collective Labor Agreement (GAV) ceases to be in force.

1. The Commission for Salary and Personnel Matters consists of eight members, namely the head of the Finance Department and seven other individuals. These are proposed by the staff associations that were most recently contractual partners of the Collective Labor Agreement (CLA).

2. The Personnel Office manages the secretariat.

1. The Commission for Salary and Personnel Affairs advises the Council of State on all fundamental salary and personnel matters.

2. The preliminary discussion of all fundamental salary and personnel matters includes, in particular

a) Opinion on the planned amendment and introduction of laws and regulations in personnel management;

b) Assessment of the classification and grading practice;

c) Other tasks assigned by the Council of State.

3. Each member can request the convening of a meeting, specifying the items on the agenda.

1. The personnel commission consists of nine members.

2. The commission constitutes itself.

3. The personnel office manages the secretariat.

1. The Personnel Commission shall perform the following duties on behalf of the Government Council, in particular

a) Participation in fundamental matters concerning the implementation of personnel legislation;

b) Preparation of proposals

1. for equality in the workplace;

2. for initial, further, and continuing education;

3. for working hours;

4. for the suggestion system;

5. for job design;

6. for workplace safety and health protection;

c) Other tasks assigned by the Government Council.

2. The Government Council may establish a special commission for the preparation of proposals for gender equality in the workplace.

3. Each member may request a meeting by specifying the agenda items.

1. Employees who were in the service of the canton on July 31, 2001, will not have an employment contract concluded pursuant to § 18 paragraph 3 of the State Personnel Act, provided that the employment relationship is not modified.

2. With teachers at public schools who were in an employment relationship on July 31, 2001, no new employment contract must be concluded, provided that the employment relationship is not modified.

1. The Ordinance on the Execution of Personnel Law by Solothurner Spitäler AG dated December 20, 2005, is repealed.

1. This regulation shall enter into force simultaneously with the fourth amendment of the GAV. The right of objection by the Cantonal Council remains reserved.