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145.110 PG CH-SZ

1 Foundations and Organization, Public Levies » 14 Authorities and Administration » 145 State Personnel (PG)

83 Articles / Provisions · Switzerland · Canton of Schwyz
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Table of Provisions (83)

§ 1 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 2 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 4 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 5 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 6 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 7 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 8 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 9 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 9A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 10 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 11 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 12 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 13 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 14 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 15 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 17 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 18 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 19 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 20 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21B Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21C Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21D Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21E Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21F Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21G Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21H Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21I Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 21J Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 22 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 23 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 24 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 25 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 26 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 27 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 28 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 29 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 29A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 30 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 30A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 31 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 32 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 33 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 34 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 35 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 36 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 38 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 39 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 40 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 41 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 42 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 44 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 45 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 46 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 47 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 47A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 48 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 49 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 50 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 51 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 52 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 52A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 53 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 54 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 55 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 56 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 57 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 58 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 59 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 60 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 61 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 61A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 62 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 63 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 64 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 65 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 65A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 65B Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 66 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 66A Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 67 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991 § 68 Personal- und Besoldungsgesetz (Personalgesetz, PG), vom 26. Juni 1991

Statutory Text (83 Articles)

1 Foundations and Organization, Public Levies » 14 Authorities and Administration » 145 State Personnel

### Scope of Application

1 This Act regulates the employment relationship of canton employees in administration, institutions, and courts. Dissenting provisions of special legislation for individual groups of employees remain reserved.

2 The Schwyzer Cantonal Bank and its employees are not subject to this Act.

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Personnel

The following groups of personnel of the Canton are distinguished

a) Officials, who are elected by the Cantonal Council for a fixed term of office;

b) Employees;

c) Part-time staff, who are active outside the narrower administrative, institutional, and judicial organization without establishing an employment relationship.

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Staffing Plan

The Government Council issues a binding staffing plan. Included are the positions provided for by legislation and those claimed by the courts.

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Filling of Vacant Positions

1 Vacant positions are publicly advertised for application.

2 In justified cases, the appointing authority may refrain from public advertisement.

**II. Employment Relationship of Civil Servants and Employees**

**A. Legal Nature**

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Principles

1 The employment relationship is governed by public law.

2 If no provision can be found in this statute or its implementing ordinances,

the Code of Obligations shall apply subsidiarily.

B. Civil Servants

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Grounds

1 The employment relationship of officials is established by the acceptance of their election.

2 With the exception of election, re-election, and non-re-election, the Government Council

exercises the functions of the appointing authority for the Cantonal Council by, in particular

a) regulating the terms of employment in a written contract;

b) classifying officials into salary bands;

c) determining the starting salary and individual salary development;

d) deciding on the termination of the employment relationship for important reasons.

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Term of Office

The employment relationship of public officials lasts, regardless of the date of taking up the position, until the expiry of the respective term of office of the Government Council.

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Termination

a) Grounds

1 The employment relationship of public officials ends through

a) Expiry of the term of office;

b) Dissolution by mutual agreement;

c) Resignation;

d) Termination for important reasons;

e) Early retirement;

f) Entitlement to a full pension from the Swiss Federal Disability Insurance;

g) Reaching the age limit on the last day of the month in which the public

official completes their 65th year of age;

h) Death.

2 By mutual agreement, the employment relationship can be extended until the public

official's 70th year of age at the latest. Up to the 67th year of age, there is an

entitlement to continued employment, provided that no objective reasons within the meaning of

§ 21a para. 2 preclude the continuation of the employment relationship.

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b) Non-re-election

1 If the competent commission of the Cantonal Council intends not to propose an official

for re-election, it must grant them the right to be heard. The

hearing generally takes place at least six months before the end of the term of office.

2 Non-re-election must not be abusive under the provisions of the

Code of Obligations and requires a factually sufficient reason according to

§ 21a para. 2. It must be justified.

3 If the hearing period according to para. 1 cannot be observed, the official

shall, in the event of non-re-election, be entitled to a pro-rata severance payment

up to a maximum of half a year's salary.

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c) Resignation

The civil servant may resign, with six months' notice, effective at the end of any month.

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Applicable Provisions

The provisions concerning the employment relationship of employees apply *mutatis mutandis* with regard to

a) termination of the employment relationship for important reasons;

b) early retirement;

c) consequences of an inadmissible termination or dissolution in accordance with § 21f para. 2;

d) severance pay and compensation.

C. Employees

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Reasoning

a) Contract

The employment relationship of the employees is established by a written contract.

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b) Employing Authority

1 The Employing Authority is the Government Council and the courts.

2 They may delegate their powers as the Employing Authority to the heads of de-

partments and institutions, the heads of offices, the presidents of the courts, and

to the Human Resources Office. Excluded from this is the employment of Senior

Management I personnel according to the classification plan.

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c) Requirements

1 The establishment of an employment relationship requires professional and personal suitability for the position.

2 Legislation and the appointing authority may require further conditions for employment, which must be included in the job advertisement.

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Duration

The employment relationship of employees is generally for an indefinite period.

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Probationary Period

1 The first three months of the employment relationship are considered a probationary period.

2 The probationary period can be extended to a maximum of six months by written agreement or by decision of the appointing authority.

3 During the first three months of the probationary period, the employment relationship may be terminated at any time with a notice period of seven days. Thereafter, the notice period is 14 days.

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Termination

1 The appointing authority and the employee may amend or terminate the employment relationship at any time by mutual agreement.

2 The employment relationship ends by

a) termination;

b) dissolution for important reasons;

c) early retirement.

3 The employment relationship ends without notice by

a) expiry of a fixed-term appointment;

b) entitlement to a full pension from the Federal Disability Insurance;

c) reaching the age limit on the last day of the month in which the employee reaches the age of 65;

d) death.

4 By mutual agreement, the employment relationship may be extended at most until the employee reaches the age of 70. Until the age of 67, there is an entitlement to continued employment, provided that no objective reasons within the meaning of § 21a para. 2 preclude a continuation of the employment relationship.

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Termination

a) Form

The employment relationship may be terminated in writing by the employee or by the appointing authority.

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b) Notice Periods

1 The notice periods for termination are, for both parties, after the probationary period

a) in the first year of employment, one month;

b) from the second year of employment, three months.

2 In justified cases, a longer notice period of a maximum of six months may be agreed upon in the employment contract.

3 The employment relationship can be terminated at the end of any month.

Protection Against Dismissal

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a) Procedure

1 If the appointing authority wishes to dismiss an employee, it must first grant them the right to be heard.

2 The dismissal must be justified in writing by the appointing authority.

3 Before an employee can be dismissed after the probationary period who is not suitable to fulfil their task or whose performance and conduct are not satisfactory, the objections must be put to them and a probationary period of at least three months must be set for them. The setting of a probationary period can be waived if it cannot fulfil its purpose.

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b) Substantive Protection Against Dismissal

1 Dismissal by the employing authority must not be abusive under the provisions

of the Code of Obligations and requires a substantively sufficient reason.

2 A substantively sufficient reason exists if

a) an employee is prevented from fulfilling their duties long-term or permanently;

b) an employee is not suitable for fulfilling their duties or if their performance and

conduct are unsatisfactory;

c) an employee has seriously or repeatedly violated their obligations under the

employment relationship;

d) an employee has committed a criminal offense that, in good faith, is incompatible

with the proper fulfillment of their duties;

e) a position is abolished or restructured with regard to its scope of duties, powers,

or responsibilities, and the employee is not willing to accept the restructured

position or another reasonable position, or if it is not possible to offer the

employee another reasonable position.

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c) Protection Against Dismissal During Specific Periods

1 After the probationary period, the employing authority may not dismiss the employment

relationship

a) during, and four weeks before and after, an obligatory service lasting at least eleven days;

b) during an unpaid leave of absence granted for voluntary charitable service;

c) during 30 days in the first year of service, during 90 days from the second up to and

including the fifth year of service, and during 180 days from the sixth year of service, in

the event of blameless complete or partial incapacity for work due to illness or accident,

except in the case of ongoing dismissal proceedings based on § 21a para. 2 lit. b to d;

d) during an employee's pregnancy and in the 16 weeks following childbirth;

e) as long as the entitlement to care leave exists, but at most for six months from the day

on which the reference period begins to run.

2 If the dismissal occurred before the commencement of a protected period, but the notice

period has not yet expired by the commencement of the protected period, the notice period

shall be suspended until the protected period has elapsed.

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Dissolution for Important Reasons

1 The employment relationship can be dissolved at any time for important reasons.

The dissolution must be made in writing and state the reasons.

2 An important reason is considered to be any circumstance where, in good faith,

the continuation of the employment relationship cannot reasonably be expected.

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Early Retirement

1 Employees may opt for early retirement upon reaching the age of 59, subject to

observance of the notice period.

2 The appointing authority may, upon a staff member reaching the age of 63 and by

mutual agreement, place the staff member into early retirement.

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AHV Replacement Pension

1 The Cantonal Council may grant a monthly AHV replacement pension to employees who are prematurely retired, provided they receive full old-age benefits under the Law on the Pension Fund of the Canton of Schwyz of May 21, 2014 (Pension Fund Law, PKG).

2 The AHV replacement pension may be granted no earlier than upon reaching the age of 63 and ends upon reaching the ordinary AHV retirement age.

3 The amount of the AHV replacement pension generally corresponds to the maximum AHV old-age pension, multiplied by the average degree of employment with the Canton during the last ten years prior to retirement.

4 If there is an entitlement to a quarter pension, a half pension, or a three-quarter pension from the Federal Disability Insurance, the amount of the bridging pension corresponds to three quarters, half, or one quarter thereof, respectively. If there is an entitlement to a full pension from the Federal Disability Insurance, no AHV replacement pension may be granted.

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Consequences of an Impermissible Notice of Termination or Dissolution

1. A notice of termination issued during a blocking period pursuant to Section 21b

is void and produces no legal effect.

2. If a notice of termination is abusive under the provisions of the Swiss Code of

Obligations, or if a notice of termination has been issued without objectively sufficient grounds pursuant to Section 21a (2) or in disregard of the procedural rules pursuant to Section 21, or if a summary dismissal pursuant to Section 21c has occurred without good cause, financial claims arise pursuant to Section 21g, provided that the affected employee is not reinstated. In these cases, however, no claim to the continuation of the employment relationship can be derived.

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Severance Pay and Compensation

1 If an employment relationship is terminated by mutual agreement at the instigation of the appointing authority, if an employee is prematurely retired, or if an employee whose position is abolished cannot be offered another reasonable position, the affected employee shall receive severance pay.

2 The severance pay shall not exceed nine months' salary and shall be determined by the Government Council according to the circumstances of the individual case. Factors such as the employee's age, years of service, personal circumstances, and the reason that led to the termination of the employment relationship shall be taken into account.

3 If a notice of termination is abusive under the provisions of the Code of Obligations, if a notice of termination is given without a objectively sufficient reason under § 21a para. 2 or in disregard of the procedural rules under § 21, or if a summary dismissal under § 21c occurs without a valid reason, the affected employee is entitled to severance pay under para. 2 and to additional compensation, which shall not exceed the last half year's salary.

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Exceptions

a) Elected Employees

1 The employment relationship with elected employees is established by the

appointing authority through a written contract.

2 The provisions concerning the employment relationship of employees are analogously applicable, subject to the following deviations and specifications

a) The election, re-election, and non-re-election fall within the exclusive

competence of the Government Council. Paragraph 3, Section 2 of the Law

on Financial Control of April 25, 2012, remains reserved.

b) During the probationary period, the employment relationship can be terminated mutually, taking into account Paragraph 17, Section 3.

c) After the probationary period, the employment relationship with a person elected for a term of office ends by mutual agreement, by the expiry of the

term of office, resignation, termination for important reasons, early retirement, or a reason for termination according to Paragraph 18, Section 3.

d) A person elected for a term of office can resign at the end of any month, observing the notice periods according to Paragraph 20.

e) If the appointing authority intends not to propose a person elected for a term of office for re-election, it must grant them a prior right to be heard, observing the notice periods according to Paragraph 20. Paragraph 21, Section 3 does not apply.

f) Non-re-election must not be abusive according to the provisions of the Code of Obligations and requires an objectively sufficient reason according to

Paragraph 21a, Section 2. It must be justified.

g) If a non-re-election occurs in disregard of the hearing period according to Subparagraph e), the person elected for a term of office is entitled to a pro-rata severance payment equivalent to the applicable notice period according to Paragraph 20.

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b) Teachers

The implementing decrees regulate the adaptation of employment relationships of teachers in cantonal schools to the requirements of school operations.

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c) Apprentices

1 For apprenticeship relationships, regulations deviating from this Act may be made.

2 For learners, an apprenticeship contract shall be concluded in accordance with the Code of Obligations.

III. Rights and Obligations of Officials and Employees

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Remuneration and Insurance

The employee is entitled to remuneration and will be insured against the financial consequences of accident, disability, old age, and death.

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Vacation

1 Employees are entitled to an annual vacation of

a) up to the age of 49: 25 working days;

b) from the age of 50: 30 working days.

2 The decisive factor is the calendar year in which the age is reached.

3 The vacation entitlement of teachers at cantonal schools, trainees, and young employees, as well as the pro-rata vacation entitlement, are regulated in the implementing ordinances.

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Vacation

1 Paid or unpaid leave may be granted, provided that regular service operations

are ensured.

2 The implementing decrees shall regulate, in particular, paid short-term leave for

personal events, maternity leave, leave upon the birth or adoption of a

child, care leave, as well as paid leave in the public interest.

3 The appointing authority is responsible for granting unpaid leave.

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Freedom of Association and Right to Strike

1 Freedom of association is guaranteed. Employees may in particular form personnel organizations and join them.

2 To guarantee public peace and safety as well as property, the protection of health, the supply of essential goods, or the provision of important public services, the Government Council may restrict or abolish the right to strike for certain groups of employees.

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Participation

1. Personnel organizations and individual employees have the right to make proposals concerning operational and professional matters.

2. Personnel organizations shall be informed in advance of changes to personnel regulations and have the right to comment thereon.

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Legal Protection

1. Employees against whom legal proceedings are initiated in connection with the performance of their duties may request legal protection.

2. The Government Council decides on the granting, nature, and extent of the protection.

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### Personal Data

1 The employee may inspect their personal data.

2 They may demand that inaccurate personal data be rectified and incomplete data be supplemented.

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Employment Certificate

1 An employee may at any time request from their superior an employment certificate which

addresses the nature and duration of the employment relationship, as well as their performance and conduct.

2 The information shall be limited to the nature and duration of the employment relationship, if the employee so requests.

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Employee Performance Appraisal

1 Supervisors assess the performance and conduct of the employees subordinate to

them. They hold periodic discussions with these employees, during which the appraisal

is discussed and goals for the next appraisal period are agreed upon in writing.

2 If an employee disagrees with the appraisal by their supervisor, they may request

a review thereof.

3 The Government Council shall regulate the responsibilities and procedures for

employee performance appraisal and review.

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General Duties of Service

1 The employee is obliged to perform work personally. He must safeguard the interests of the Canton and perform his duties lawfully, loyally, economically, and proactively.

2 The employee must use working hours for the performance of his duties.

3 The employee is subject to the official and professional right to issue instructions by his superiors within the framework of legislation.

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Reprimand

1 In the event of breaches of work duties, the appointing authority may issue a

reprimand.

2 It investigates the facts of the case and grants the employee the right to be

heard.

3 If the employee's hearing or the reprimand is given orally, it must be

minuted.

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Collaboration

1 Employees shall support each other in fulfilling their tasks.

2 They are obliged to assume acting roles or temporarily perform duties that do not fall within their actual area of responsibility.

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Working Hours

a) Normal Working Hours

1 The weekly normal working hours amount to 42 hours on annual average.

2 The implementing decrees shall regulate

a) the form of working hours and work performance;

b) the public holiday regulations;

c) night, Sunday, and on-call duty;

d) the working hours of teachers at cantonal schools.

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b) Overtime

1 The employee is obliged to perform overtime work exceptionally and to a reasonable extent.

2 The implementing ordinances regulate compensation as the general rule and remuneration for overtime as the exception.

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c) Part-time Work

The appointing authority may in individual cases shorten the standard working hours or

fill a position with multiple employees, provided that service operations permit.

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Official Secrecy

1 Employees are obliged to maintain silence about matters that come to their knowledge in their official capacity and for which there is a public interest in secrecy or a personal privacy interest, or which are to be kept secret in accordance with special regulations. The duty of confidentiality also applies after the termination of the employment relationship.

2 In accordance with the same principles, official files and data may not be made accessible to third parties.

3 The duty of confidentiality does not apply

a) if legislation obliges reporting or providing information;

b) within the scope of the duty to testify, if the superior authority authorises the statement.

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Acceptance of Gifts

1 Employees are prohibited from demanding, accepting, or having promised, for themselves or third parties, gifts or other advantages in connection with the performance of their duties.

2 Exceptions include awards, honors, or socially customary gifts, provided these do not compromise the employee's independence.

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Residence

1 The employee may be obligated by the appointing authority to reside in the canton for official reasons.

2 It may be ordered that the employee take a specific residence or occupy an official residence.

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Outside Employment

1 Employees may not engage in outside employment that could impair the performance of their duties. The employing authority may grant exceptions for important reasons.

2 Implementing regulations shall govern the requirement for approval, the use of working hours, and the surrender of remuneration and salary contributions from third parties.

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Training and Further Education

1 The Canton promotes the training and further education of its employees.

2 The implementing decrees shall regulate the claim to working hours and the assumption of costs.

IV. Remuneration

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Components

The salary consists of the annual salary in accordance with §§ 44 et seq. as well as any allowances in accordance with §§ 52 and 53.

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Wage System

1 The wage system comprises 20 wage bands.

2 The wage minima and maxima are determined by the wage table in the appendix.

3 The wage rates correspond to the National Consumer Price Index of 167.9 points (base index December 1982 = 100).

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Classification and Determination of Wages

a) Classification

1 The Government Council determines the classification plan by functional groups and salary bands. The classification plan must be included in the implementing ordinances.

2 It regulates the principles of functional evaluation as well as the responsibilities for the classification of individual positions into salary bands.

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b) Determination of the Annual Salary

1 The Government Council regulates the details for determining the annual salary

within the salary band assigned to the function.

2 It shall take into account

a) professional and non-professional knowledge and experience;

b) educational background;

c) age;

d) internal and external salary comparisons.

3 If the requirements of a position, particularly regarding professional and non-

professional knowledge and experience as well as educational background, are not

fully met upon commencement of employment, the salary minimum of the relevant

salary band may be undershot by up to 10%.

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Re-evaluation

If the scope of duties, competencies, or responsibilities changes for a function, the employee can request a review of the function's evaluation.

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Individual Salary Development

a) Criteria

Individual salary development is based on the following criteria

a) performance and conduct;

b) position within the salary band;

c) age and experience.

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b) Procedure and Competence

1 The Cantonal Government shall once a year determine the total sum available

for individual salary development. It shall take into account the economic environment

and the financial situation.

2 It shall allocate their share to the departments, institutions, and courts.

3 It shall regulate the competence for determining individual salary development.

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Cost-of-Living Adjustment

1 The Government Council shall adjust the salary scales in accordance with Section 42 to the national consumer price index. In doing so, it shall appropriately consider the economic environment, the financial budget, and any cost-of-living adjustment not granted in previous years.

2 A cost-of-living adjustment shall be determined at the end of the year for the following calendar year. Reference shall be made to the national consumer price index as of the end of November.

3 If the national consumer price index is lower than in the previous year, the higher index level shall be maintained.

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13. 13th Month Salary

The annual salary will be paid out in 13 equal installments. One installment will be paid out before the end of each month, and an additional installment will be paid out in November as the 13th month salary.

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Performance Bonus

1 Based on an assessment by their superiors, the Government Council, institutions, and courts may pay a performance bonus to individual employees for outstanding performance.

2 The performance bonus is not included in the creditable annual earnings according to the Pensions Act.

3 The Government Council determines the total sum available annually for performance bonuses to be paid to employees and regulates their allocation.

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Service Anniversary Gift

1. When an employee completes their tenth year of service, they shall be granted a service anniversary gift of 3% of their annual salary. After every five additional years of service, they shall be granted a service anniversary gift increased by 1% each time.

2. If the employment relationship of an entitled employee terminates during a five-year period according to paragraph 1 due to reaching the age limit, incapacity for work, or abolition of the position, the next due service anniversary gift shall be granted proportionally.

3. If operational requirements permit, the employee may receive the service anniversary gift wholly or partially in the form of paid leave.

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Labour Market Allowance

1 To attract or retain a particularly qualified employee, the Government Council and

the courts may exceptionally award a labour market allowance of up to 20% of

the annual salary.

2 They periodically review whether the labour market allowance continues to be

paid, reduced, or discontinued.

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Functional Allowance

1 If an employee temporarily, but for longer than two months, takes on an

additional function or significantly expanded duties, the

Government Council and the Courts may grant him a functional

allowance for the duration of the increased workload.

2 The functional allowance shall not exceed 20% of the annual salary. It shall be determined

according to the nature, scope, and requirements of the assumed function

or duties.

3 If the assumption of the additional function or significantly expanded duties lasts

longer than two years, a re-evaluation of the function must be considered.

4 If, at the time the functional allowance is awarded, it is expected that

it will be paid for longer than one year, it must be included in the insured annual earnings

under the Pension Fund Act.

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Social Benefits

1 The employee is entitled to child and birth allowances in accordance with the Law

on Family Allowances.

2 The employee is entitled to a family allowance in accordance with the implementing

ordinances. The family allowance amounts to a maximum of 2400 Swiss francs per year.

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Exceptions

a) Apprentices and Trainees

The Government Council regulates the remuneration of interns and apprentices.

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b) Proportional Remuneration

A proportional entitlement to remuneration for services according to §§ 44 f., 49 and

51 to 53 exists, if

a) part-time work is performed;

b) the employment relationship does not exist for an entire calendar year;

c) unpaid leave is taken during a calendar year.

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Lohnzahlung bei Arbeitsverhinderung

**Wage Payment in Case of Incapacity to Work**

In den Vollzugserlassen wird die Lohnzahlung geregelt während

The implementing decrees regulate wage payment during

a) Militär- und Zivilschutzdienst;

a) military and civil defense service;

b) Krankheit und Unfall sowie im Todesfall;

b) illness and accident, as well as in the event of death;

c) Schwangerschaft und nach der Niederkunft;

c) pregnancy and after childbirth;

d) Urlaub bei Geburt oder Adoption eines Kindes;

d) leave for the birth or adoption of a child;

e) Betreuungsurlaub.

e) care leave.

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Benefits in Case of Death

The implementing decrees regulate the benefits in case of death.

**V. Remunerations**

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### Part-time Employees

The Government Council regulates the remuneration of part-time employees.

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Special Cases

The implementing decrees regulate remuneration for

a) Night, Sunday, and on-call duty;

b) Overtime in exceptional cases;

c) Holidays that cannot be taken;

d) Police duty;

e) Uninsured property damage suffered by employees in connection with their

performance of duties;

f) Employee suggestions for improvement;

g) Clothing allowance;

h) Office allowance.

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Expenses

The implementing decrees regulate the reimbursement of outlays and expenses, specifically

a) reimbursement of costs for public transport as the regular case;

b) reimbursement of costs for a private vehicle as an exceptional case;

c) reimbursement of additional costs for external catering/meals;

d) reimbursement of costs for external overnight stays;

e) reimbursement of telephone and postal charges;

f) reimbursement of costs for an ordered relocation.

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Benefits in Kind

The Government Council regulates the crediting of benefits in kind against wages.

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VI. Rechtsschutz

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Administrative Court Action

1 The Administrative Court decides in litigation proceedings on the violation of statutory or contractual duties arising from the employment relationship between the Canton and its employees. The Canton is represented in the proceedings by the appointing authority.

2 Before filing an action with the Administrative Court, the plaintiff must notify the defendant of their claim in writing. The defendant must respond within 60 days. The Administrative Court will only entertain the action if this preliminary procedure has been carried out or subsequently completed at its instigation, and if the defendant does not acknowledge the claim.

3 For disputes up to a value in dispute of CHF 30,000, no costs will be imposed on the parties.

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Statute of Limitations

Claims arising from the employment relationship between the Canton and its employees are subject to a five-year statute of limitations.

VII. Transitional and Final Provisions

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Adaptation of Employment Relationships

1 The public-law employment relationships of employees shall be adapted to the new law as of January 1, 1992.

2 Private-law employment contracts shall be converted into public-law contracts as of January 1, 1992, in accordance with the provisions of the new law.

3 Officials elected until the end of the 1996-2000 term of office shall be deemed to be permanently employed as of July 1, 2000, without the need for a written contract. The termination of the employment relationship before or on this date, in accordance with the previous law, remains reserved.

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Transitional Provisions for the Amendment of May 25, 2022

a) Guarantee of Acquired Rights (Grandfathering)

1 The Government Council shall assign the functions of employees to the salary bands

according to the Annex at the time the new law comes into force. The previous annual

salary of individual employees shall be maintained.

2 If the previous annual salary is lower than the minimum salary of the salary band

assigned to the employee's function, the salary shall be raised to the minimum.

3 If the previous annual salary is higher than the maximum salary of the salary band

assigned to the employee's function, the annual salary shall be maintained until it falls

within the salary band.

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b) Bridging Pension

1 Bridging pensions that were awarded before the effective date of this amendment

will continue to be paid according to the old law.

2 Employees whose employment relationship ends within three years of the effective

date of this amendment and who fulfill the conditions for a bridging pension under

the old law retain their entitlement to a bridging pension.

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c) Seniority Gift

There is no entitlement to a retroactive payment of the seniority gift for employees who, at the time this law comes into force, have already completed ten years of service.

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Repeal of Existing Law

With the entry into force of this Decree, the Ordinance on the Remuneration of Authorities and the Employment Relationship of State Personnel of November 20, 1968, is repealed, with the exception of Sections 15 to 20.

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Amendment of Previous Law

The Ordinance on Performance-Oriented Administration (WOV) of March 17, 1999, is amended as follows

Section 3, Paragraph 2

2 For this purpose, the Ordinance contains specific instruments, responsibilities, and procedures that deviate from the general provisions on organization and financial management.

Sections 19 to 22

are repealed.

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Referendum, Publication, Entry into Force

1 This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, included in the Collection of Laws.

3 The Government Council is entrusted with the execution. It shall determine the date of entry into force.

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Appendix: Salary Scale

**Salary Scale (Index 167.9)**

Salary Band Minimum Maximum

52 143 75 607

54 786 82 180

57 602 89 284

60 604 95 754

63 803 100 810

67 217 106 202

70 861 111 959

74 750 118 106

78 907 124 672

83 349 131 691

88 099 139 197

93 183 147 229

98 625 155 828

104 454 165 037

110 700 174 906

117 397 185 488

124 582 196 840

132 293 209 024

140 893 222 611

150 755 238 194

1 This Act was enacted as an ordinance subject to an optional referendum: GS

18-129 with amendments from May 12, 1993 (GS 18-343), December 15, 1994 (GS 18-533),

December 9, 1997 (GS 19-267), May 13, 1998 (GS 19-306), December 14, 1999

(GS 19-476), March 22, 2000 (GS 19-559), December 12, 2000 (GS 19-649), December 11,

2001 (GS 20-165), December 10, 2002 (GS 20-352), December 10, 2003

(GS 20-470), May 19, 2004 (Pensionskassenverordnung, GS 20-567), December 14,

2004 (GS 20-623), December 6, 2005 (GS 21-47), December 12, 2006 (GS 21-102),

April 25, 2007 (GS 21-125), December 11, 2007 (GS 21-157), December 10, 2008

(GS 22-48), December 14, 2010 (GS 22-132), December 17, 2013 (RRB Adaptation to

new Cantonal Constitution, GS 23-97), May 21, 2014 (Pensionskassengesetz, GS 24-7a), May

21, 2014 (KRB Relief Program 2014-2017, GS 24-10a), May 25, 2022 (GS 26-

79), May 25, 2022 (MaG, GS 26-80c), December 6, 2022 (GS 26-93), December 5,

2023 (GS 27-25), December 3, 2024 (GS 27-51) and December 2, 2025 (GS 27-84).

2 Para. 1 as amended on March 22, 2000; para. 2 as amended on May 25, 2022.

3 Para. 1 as amended on March 22, 2000; heading as amended on May 25, 2022.

4 Repealed on May 25, 2022.

5 Para. 2 repealed on May 25, 2022.

6 Paras. 1 and 2 as amended on, para. 3 repealed on May 25, 2022.

7 Version of March 22, 2000.

8 Section heading as amended on May 25, 2022.

9 Heading and para. 1 as amended on March 22, 2000.

10 Section heading as amended on May 25, 2022.

11 Paras. 1 and 2 as amended on May 25, 2022.

12 Version of March 22, 2000 (para. 2 repealed).

13 Heading and para. 1 as amended on, para. 2 newly inserted on May 25, 2022.

14 Newly inserted on May 25, 2022.

15 Heading and para. 1 as amended on May 25, 2022.

16 Heading and para. 1 as amended on May 25, 2022.

17 Section heading as amended on May 25, 2022.

18 Version of March 22, 2000 (para. 2 repealed).

19 Para. 1 as amended on April 25, 2007; para. 2 as amended on May 25, 2022.

20 Version of March 22, 2000 (para. 2 new).

21 Version of March 22, 2000 (paras. 2 and 3 repealed); Section heading as amended on

May 25, 2022.

22 Repealed on May 25, 2022.

23 Paras. 1 and 2 as amended on April 25, 2007 (paras. 2 and 3 new); Heading and para. 3 as

amended on May 25, 2022.

24 Paras. 1 to 3 as amended on March 22, 2000 (para. 3 new); para. 4 newly inserted on May

25, 2022.

25 Version of March 22, 2000.

26 Para. 2 as amended on April 25, 2007 and para. 3 newly inserted on March 22, 2000.

27 Paras. 1 and 2 as amended on March 22, 2000 (para. 3 new); para. 3 as amended on May

25, 2022.

28 Newly inserted on March 22, 2000.

29 Newly inserted on March 22, 2000; para. 1 lit. c as amended on and lit. e newly inserted on

May 25, 2022.

30 Newly inserted on March 22, 2000.

31 Para. 1 as amended on May 19, 2004; Heading as amended on May 25, 2022.

32 Heading, paras. 1 and 2 as amended on, paras. 3 and 4 newly inserted on May 25, 2022.

33 SRSZ 145.210.

34 Newly inserted on March 22, 2000.

35 Newly inserted on March 22, 2000; para. 2 as amended on May 25, 2022.

36 Newly inserted on March 22, 2000; Heading and para. 1 as amended on, para. 2 newly

inserted on May 25, 2022.

37 SRSZ 144.210.

38 Newly inserted on March 22, 2000; Heading and para. 1 as amended on, para. 2 repealed

on May 25, 2022.

39 Newly inserted on May 25, 2022.

40 Version of March 22, 2000.

41 Para. 3 as amended on March 22, 2000; para. 1 lit. a and b as amended on and lit. c

repealed on May 25, 2022.

42 Paras. 2 and 3 as amended on May 25, 2022.

43 Heading as amended on and para. 2 newly inserted on May 25, 2022.

44 Version of March 22, 2000 (term "Dienstverhältnis" replaced by "Arbeitsverhältnis").

45 Newly inserted on May 25, 2022.

46 Newly inserted on March 22, 2000; para. 2 as amended on and para. 3 newly inserted on May

25, 2022.

47 Para. 2 lit. a as amended on May 25, 2022.

48 Version of March 22, 2000 (term "Wahlbehörde" replaced by "Anstellungsbehörde").

49 Version of March 22, 2000.

50 Heading as amended on and para. 2 newly inserted on May 25, 2022, para. 2 as amended by the

MaG (GS 26-80c) enacted on the same day.

51 Repealed on March 22, 2000.

52 Para. 1 as amended on March 22, 2000 (term "Wahlbehörde" replaced by "Anstellungsbehörde").

53 Para. 1 as amended on March 22, 2000 (term "Wahlbehörde" replaced by "Anstellungsbehörde").

54 Heading and para. 1 as amended on April 25, 2007.

55 Version of May 25, 2022.

56 Heading, paras. 1 and 2 as amended on, paras. 4 and 5 repealed on May 25, 2022; para.

3 as amended on December 2, 2025.

57 Repealed on May 25, 2022.

58 Heading, paras. 1 and 2 as amended on May 25, 2022.

59 Heading, paras. 1 and 2 as amended on, para. 3 newly inserted on May 25, 2022.

60 Heading and para. 1 as amended on May 25, 2022.

61 Repealed on May 25, 2022.

62 Heading and para. 1 as amended on, paras. 2 to 4 repealed on May 25, 2022.

63 Newly inserted on April 25, 2007; Heading, paras. 1 and 2 as amended on, para. 3 newly

inserted on May 25, 2022.

64 Repealed on May 25, 2022.

65 Para. 2 (new) as amended on April 25, 2007; para. 1 as amended on, para. 3 newly inserted

on May 25, 2022.

66 Paras. 1 to 3 as amended on May 25, 2022.

67 Paras. 1 to 3 as amended on May 25, 2022.

68 Para. 2 as amended on April 25, 2007 (para. 2 new); para. 1 as amended on May 25,

2022.

69 Newly inserted on April 25, 2007; paras. 2 to 4 as amended on May 25, 2022.

70 Para. 1 as amended on March 22, 2000; para. 2 as amended on May 25, 2022.

71 SRSZ 370.100.

72 Heading and para. 1 as amended on May 2, 2022.

73 Version of April 25, 2007; introductory sentence as amended on May 25, 2022.

74 Repealed on March 22, 2000.

75 Para. 1 as amended on May 25, 2022.

76 Version of March 22, 2000; lit. g and h newly inserted on May 25, 2022.

77 Lit. g and h repealed on May 25, 2022.

78 Repealed on March 22, 2000.

79 Version of March 22, 2000 (para. 3 new).

80 Version of March 22, 2000.

81 Heading and para. 3 as amended on March 22, 2000.

82 Heading, paras. 1 and 2 as amended on, para. 3 newly inserted on May 25, 2022.

83 Newly inserted on April 25, 2007; Heading, paras. 1 and 2 as amended on May 25, 2022.

84 Newly inserted on May 21, 2014; Heading and para. 1 as amended on May 25, 2022.

85 GS 15-549; SRSZ 140.510.

86 Newly inserted on April 25, 2007.

87 SRSZ 143.210; GS 19-384.

88 Heading, paras. 1, 2 and 3 as amended on December 17, 2013.

89 Entered into force on January 1, 1992 (Abl 1991 747); amendments from March 22, 2000 on July 1,

2000 (Abl 2000 819), December 10, 2002 on January 1, 2003 (Abl 2002 2135), December 10, 2003

on January 1, 2004 (Abl 2003 2044), May 19, 2004, December 14,

2004 on January 1, 2005 (Abl 2004 1418 or Abl 2004 2102), December 6, 2005 on January 1,

2006 (Abl 2005 2022), December 12, 2006 on January 1, 2007 (Abl 2006 2174),

April 25, 2007 and December 11, 2007 on January 1, 2008 (Abl 2007 2298 and 2300),

December 10, 2008 on January 1, 2009 (Abl 2008 2628), December 14, 2010 on January 1,

2011 (Abl 2010 2771), December 17, 2013 on January 1, 2014 (Abl 2013 2974),

May 21, 2014 on January 1, 2015 (Abl 2014 1906, 2178), May 25, 2022 on January 1,

2023 (Abl 2022 3081), May 25, 2022 (GS 26-80c) on January 1, 2023 (Abl 2022 3159),

December 6, 2022 on January 1, 2023 (Abl 2022 3082), December 5, 2023 on January 1,

2024 (Abl 2023 2885), December 3, 2024 on January 1, 2025 (Abl 2024 2948) and

December 2, 2025 on January 1, 2026 (Abl 2025 3092).

90 Repealed on December 17, 2013.

91 Version of December 2, 2025.

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