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

Scope of Application

1 This implementing ordinance applies to all employees of the Canton, to the extent that the Personnel Act is applied.

2 Special enactments for individual groups of personnel remain reserved.

### Part-time Employees (Nebenamtliche Mitarbeiter)

Part-time employees are engaged for tasks that can be fulfilled on a secondary basis outside the stricter administrative, institutional, and court organization, and which are not tied to a specific employment level.

Staffing Plan

1 The staffing plan includes positions for civil servants and employees that are prescribed by legislation, approved by the Government Council, or requested by the courts. Exceptions are

a) positions that are filled for less than three months;

b) positions for interns and apprentices.

2 The staffing plan also records

a) the allocation of positions to the departments, institutions, courts, and the State Chancellery;

b) the classification of positions according to the classification plan (Annex);

c) the approved employment level for each position.

**II. Organisation**

Appointing Authority

1 The appointing authorities are

a) the Government Council for employees from salary band 18 according to the classification plan;

b) the Departments for employees in salary bands 16 and 17;

c) the Offices for all other employees.

2 In their capacity as appointing authorities, they decide on

a) the filling of vacant positions (§ 5 PELA);

b) the establishment of the employment relationship (§ 13 PELA);

c) the extension of the probationary period (§ 17 para. 2 PELA);

d) the amendment of the employment relationship (§ 18 PELA);

e) the approval of part-time work (§ 34 PELA);

f) the residency requirement (§ 38 PELA);

g) the determination of the annual salary (§ 45 PELA);

h) the granting of unpaid leave (§ 38 PEO).

3 The right of election of the Cantonal Council and the powers of the courts and institutions under legislation remain reserved. Unless otherwise stipulated, independent institutions are equated with the Departments.

Government Council

1 The Government Council supervises personnel matters and issues the implementing provisions, directives, and personnel law decisions.

2 In particular, it decides on

a) the staffing plan and the classification plan (Articles 4 and 44 PNA);

b) the classification, the determination of the starting salary, and the individual salary development of civil servants, as well as the termination of the employment relationship of civil servants for important cause (Article 7 para. 2 lit. b to d PNA);

c) the granting of OASI substitute pensions and bridging pensions (Articles 21e and 65a PNA);

d) the determination of severance payments and compensations (Article 21g PNA);

e) the granting of legal protection (Article 27 para. 2 PNA);

f) the individual salary development of employees from salary band 18 according to the classification plan (Articles 47 and 47a PNA);

g) the cost-of-living adjustment (Article 48 PNA);

h) the granting of performance bonuses, labor market allowances, and functional allowances (Articles 50, 52, and 52a PNA).

3 The Government Council represents the Canton in legal proceedings before the Administrative Court (Article 62 PNA).

Department

1 The Departments are responsible for preparing the staffing plan.

2 They decide on

a) the termination of employment (§ 18 PGO);

b) early retirement (§ 21d PGO);

c) the issuance of a reprimand for employees from salary band 16 (§ 30a PGO);

d) the approval of secondary employment for employees from salary band 16

(§ 39 PGO);

e) individual salary developments that are not reserved for the Government Council.

Offices

The heads of offices decide for employees in salary bands 1 to and including 15 on

a) the issuance of a reprimand (§ 30a PPA);

b) the approval of a secondary employment (§ 39 PPA);

c) the compensation for overtime (§§ 19 and 19a PVO).

Department of Finance

1 The Department of Finance processes general personnel matters for the Canton.

2 Its duties include, in particular

a) developing principles of personnel policy;

b) preparing legislation in the personnel sector;

c) preparing personnel law decrees and directives for the Cantonal Council;

d) collaborating with the personnel organizations of the administration.

Personnel Office)

a) Duties

1 The Personnel Office is responsible for personnel matters within the Canton. It supports the

Department of Finance in general personnel questions and fulfils other duties

that do not fall under the jurisdiction of another authority.

2 Its duties notably include

a) supporting the authorities responsible for personnel management through

information, advice, and assistance with personnel decisions;

b) informing and advising employees;

c) managing the staffing plan according to the resolutions of the Government Council and

coordinating staffing planning;

d) conducting public tenders;

e) coordinating employee appraisals and the suggestion system;

f) organizing personnel processes;

g) recording, evaluating, and storing data concerning employee employment relationships

as well as managing and archiving personnel files;

h) organizing vocational training;

i) administering payroll and insurance, and drafting all personnel decisions affecting

salaries;

j) drafting contracts for the establishment, amendment, or termination

of employment relationships, as well as employment references;

k) deciding on classification and re-evaluation (§§ 44 para. 2 and

46 PG) upon application by the appointing authority.

3 Employees and appointing authorities shall provide the Personnel Office with all

information necessary for the fulfilment of its duties.

b) Participation and Objection Procedure

1 The Human Resources Office contributes to the equal enforcement of personnel

regulations.

2 It must be consulted before the following personnel law decisions are made

a) Creation of new positions;

b) Establishment, amendment, and termination of employment relationships;

c) Determination of annual salary and individual salary development;

d) Setting of AHV substitute and bridging pensions, as well as the granting of

severance payments and compensation;

e) Granting of paid leave and participation in continuing education costs;

f) Remuneration for overtime, additional hours, and untaken leave.

3 If there is disagreement between the Human Resources Office and an agency, the

decision and the proposal rest with the involved departments.

4 If the two involved departments cannot reach an agreement, the Government

Council decides.

III. Working Hours and Absence from Work

Annual Working Hours

The weekly standard working hours of 42 hours on annual average will be

fulfilled by an annual working time of 2075 hours.

Days Off Work

The following are days off work

a) Saturdays and Sundays;

b) New Year's Day, Epiphany, St. Joseph's Day, Good Friday, Easter Monday, Whit Monday, Ascension Day, Corpus Christi, August 1st, Assumption Day, All Saints' Day, Immaculate Conception, Christmas Day, St. Stephen's Day, a public holiday designated by the eligible voters of the municipality at the workplace;

c) The afternoon of Dirty Thursday, the afternoon of December 24th, the afternoon of December 31st.

Daily Working Hours

1 Work performance can be rendered from Monday to Saturday between 6:00 AM and 8:00 PM, subject to operationally necessary regulations.

2 In agreement with the supervisor, work may exceptionally be performed without additional claim to remuneration

a) before 6:00 AM or after 8:00 PM;

b) on Sundays or other non-working days.

3 Working time includes a fifteen-minute break per half-day.

4 The lunch break shall be at least 30 minutes.

Irregular Working Hours

1 Sections 11 and 12 do not apply to employees who perform shift or on-call duty

for operational reasons.

2 The personal working hours of these employees are determined by their deployment

schedules.

3 They are entitled to regular days off, particularly to at least two work-free

weekends per month.

Working Time Recording and Trust-Based Working Hours

1 Employees must record their working hours.

2 Exceptions to this are

a) Employees in salary bands 18 to 20;

b) Employees in salary bands 14 to 17 with the agreement of their supervisor.

3 For trust-based working hours, there is an entitlement to five compensation days, which expire on January 31st of the following year.

Part-time Work

1 The provisions concerning working hours apply mutatis mutandis to employees performing part-time work.

2 Employees with regular part-time work perform the portion of the annual target working hours corresponding to their employment level.

Overtime

1 Overtime is defined as working hours performed at the written instruction of the supervisor beyond the employee's personal work obligation.

2 Overtime must be compensated by an equal amount of time off as soon as operational reasons permit.

3 If compensation within one year is not possible due to operational reasons, the Head of Department shall decide on a later compensation or remuneration. For the courts, the President of the Court shall make this decision.

Working Time Balance

a) Overtime

1 Overtime is defined as working hours performed in excess of the annual working hours.

2 Employees up to and including wage band 15 are entitled to compensation or remuneration, provided they record their working hours.

3 Employees in wage bands 16 and 17 are entitled to compensation, provided they record their working hours.

b) Limits

1 The working time balance at the end of the year may be

a) for full-time or part-time employment of at least 50 percent, a maximum of

plus 100 or minus 40 hours;

b) for part-time employment of less than 50 percent, a maximum of plus 50 or

minus 20 hours.

2 If it becomes apparent during the year that the limits will not be met, appropriate

measures for the purpose of balancing must be taken. If the balance is not achieved

by the end of the year, the supervisor must agree in writing with the employee

on what measures will be taken for the purpose of balancing.

3 Overtime will only be compensated in exceptional cases. The department decides

on compensation.

c) upon termination of employment

1 Employees are obligated to balance a positive or negative working time

account by the date of departure.

2 Exceptions are only permissible for operational reasons and with the consent of the Head of the Office.

3 With the consent of the Head of the Office, a positive working time account will be remunerated upon termination of employment. A negative working time account will result in a salary deduction.

Incapacity to Work

a) Notification

1 In the event of incapacity to work due to illness or accident, employees must

report their incapacity to work and their recovery of fitness for work to their

superior.

2 If the incapacity to work lasts longer than five working days, they must submit a

medical certificate to their superior. In justified cases, the superior may request

a medical certificate from the first day of incapacity to work. The superior

forwards the medical certificate to the Human Resources Office.

3 If the incapacity to work lasts longer than 30 days, the Human Resources Office

may request an examination by a trusted medical professional.

b) Continuation of Salary Payment

1 In an unlimited employment relationship, there is an entitlement to continued

salary payment during the duration and to the extent of the inability to work

for a maximum of two years. The continuation of salary payment requires

that the employee fulfills their duty to cooperate. The continuation of salary

payment comprises 100% of the remuneration during the first year of the

work incapacity and 80% during the second year.

2 If the inability to work is long-term or permanent and the unlimited

employment relationship is terminated by the appointing authority or dissolved

by mutual agreement, the remaining entitlement to continued salary payment

persists beyond the end of the employment relationship.

3 In a fixed-term employment relationship, there is an entitlement to continued

salary payment during the duration and to the extent of the inability to work

for a maximum of one quarter of the contractual duration of the employment

relationship, but at most until the end of the fixed-term employment contract.

The continuation of salary payment comprises 100% of the remuneration.

4 In the event of the onset of inability to work during the probationary period,

there is an entitlement to continued salary payment for a maximum of the

duration of the probationary period. The continuation of salary payment

comprises 100% of the remuneration.

c) Partial and full work performance

1 Partial work performance does not extend the claim period.

2 After full work performance for twelve consecutive months, a new claim to continued salary payment is established. In the event of a shorter period of employment, a new claim arises only if the renewed impediment to work has a different cause.

3 In hardship cases, the Government Council may extend the claim period.

d) Assignment and Reduction

1 Any benefits from social insurances or liable third parties, as well as income from

substitute employment, shall accrue to the Canton within the scope of continued

salary payment. The Canton may demand that benefits from social insurances be

paid directly to it.

2 If the incapacity for work is intentionally or grossly negligently caused, or is the

result of a special risk consciously undertaken outside professional activity, the

Government Council may reduce the entitlement.

3 In the case of non-occupational accidents that occurred due to gross self-inflicted

fault or by undertaking extraordinary dangers or risks, the amount of continued

salary payment shall generally be reduced in the same proportion as the daily

allowance of the compulsory accident insurance.

e) Accident Insurance

1 Employees are insured against occupational and non-occupational accidents and occupational diseases in accordance with the provisions of the Federal Act on Accident Insurance (UVG).

2 The premiums are borne by the Canton. The premiums for non-occupational accident insurance may be passed on to the employees.

3 The Government Council regulates the details.

IV. Holidays

Learners and Young Employees

Learners and employees up to the completed 20th year of age are entitled to an annual vacation of 25 working days.

Proportional Entitlement

The entitlement to vacation exists only in proportion to the duration of employment if

a) the employment relationship does not require the full normal working hours or does not

exist throughout the entire calendar year;

b) the employee was granted unpaid leave for a total of at least 16 working days;

c) the employee was granted paid leave for a total of at least 50 working days due to incapacity for work or absence for service.

2 For employment relationships that do not exist throughout the entire calendar year, the thresholds according to paragraph 1 letters b and c shall be reduced proportionally.

Illness or Accident During Holidays

Holiday days can be reclaimed to the extent that sick days or days due to accident

during holidays are substantiated by a medical certificate.

Vacation Entitlement/Taking

a) Principle

1 Employees must, as a general rule, take their vacation in the current calendar year.

2 They shall arrange the taking of vacation with their supervisor. It must be scheduled with due regard to business operations.

3 If the vacation taken exceeds the entitlement, the employee shall choose between a corresponding salary reduction or a reduction of vacation entitlement in the next calendar year.

b) Unused Leave

1 An entitlement to leave of up to five working days may be carried over to the

following calendar year. Further carry-overs are only permitted for important

reasons and with the approval of the Head of Department. In the case of the

courts, the President of the Court decides on this matter.

2 If the employment relationship ends, the leave entitlement for the year of

departure shall be compensated, insofar as the leave cannot be taken.

Holiday Compensation

1 Employees with irregular part-time work are paid holiday compensation to cover the salary entitlement for holidays.

2 Holiday compensation is added to the hourly wage. It amounts to

a) 10.64% for a holiday entitlement of five weeks;

b) 13.04% for a holiday entitlement of six weeks.

V. Leave

Terms

1 By granting leave, employees are released from their duty to perform work for a limited period without changing their employment relationship.

2 In the case of paid leave, the salary entitlement remains in effect during the leave. For irregular part-time work, the salary entitlement is calculated based on the average salary during the last twelve months.

3 In the case of unpaid leave, the salary entitlement ceases during the leave.

Short Leave

1. Employees are granted paid short leave in the following cases

a) Own civil and ecclesiastical marriage: a total of 2 days;

b) Civil and ecclesiastical marriage within the family or close relatives: a total of 1 day;

c) Death in one's own household or family: 3 days;

d) Death among close relatives: 1 day;

e) Death of close acquaintances: ½ day;

f) Relocation of one's own household: 1 day.

For part-time work, the entitlement is proportionate.

2. In the cases described in paragraph 1 letters a, c, and d, paid absence shall be granted retrospectively if it coincides with non-working days or holidays.

3. The supervisor may approve paid short leave for a maximum of 3 days for urgent private obligations.

4. In special cases, particularly in the event of natural disasters, the Government Council may approve short leave for a specific group of persons for the necessary duration.

Absence from Duty

a) Definitions

The following are recognized as absences from duty

a) Military service in the Swiss Army;

b) Civilian service;

c) Instruction and mandatory services in civil defense;

d) Leader courses and leadership activities for "Youth+Sport" (Jugend und Sport);

e) Voluntary services, provided there is an entitlement to compensation for loss of earnings;

f) Courses, exercises, and reports for civilian command staffs;

g) Firefighting service.

b) Notification

1 Employees must report the nature, duration, and time of their absence from duty to their supervisor as soon as these details are known.

2 If the time of absence from duty can be influenced, it must be determined in agreement with the supervisor.

c) Remuneration

1 Employees are entitled to remunerated leave during absence from duty.

2 The claim to remuneration lapses for the period of additional absence from

duty if

a) military service or civilian service together lasted longer than twelve months

during the last four calendar years;

b) instruction and compulsory services in civil protection together lasted longer

than 15 working days during the calendar year;

c) other absences from duty according to § 33 letters d to g together lasted longer

than ten working days during the calendar year.

3 Employees are entitled to unremunerated leave during the period of additional

absence from duty.

d) Reimbursement

1 When performing continuous military or civilian service of more than two months, employees are granted paid leave within the maximum duration according to Article 35 Section 2 Letter a, provided that the employment relationship subsequently continues for at least two years.

2 If this condition is not met, the difference between the salary paid and the income compensation must be proportionally reimbursed.

Leave for Birth or Adoption of a Child

1 Employees are entitled to two weeks of leave after the birth of their own child or after the adoption of a minor.

2 The leave must be taken within six months of the birth or adoption. It can be taken in weeks or in days.

3 The salary entitlement during the leave is 100%.

Maternity Leave

1 The employee is entitled to maternity leave of 16 weeks after childbirth, whereby at least 14 weeks must be taken after childbirth.

2 In the event of the newborn's hospitalisation, maternity leave shall be extended by the duration of the hospitalisation, but by a maximum of 56 days, if

a) the newborn remains in hospital continuously for at least two weeks immediately after birth, and

b) the mother provides proof that she had already decided at the time of childbirth to resume gainful employment after the end of maternity leave.

3 The employee is entitled to 100% of her salary during maternity leave.

Leave for the Care of an Impaired Child

1 Employees are entitled to care leave within the meaning of Article 329i CO, of a maximum of 14 weeks, provided they are parents of a minor child who is severely health-impaired due to illness or accident, and they interrupt their work activity.

2 The salary entitlement during the leave is 100%.

Unpaid Leave

1 The appointing authority may grant unpaid leave if the reason for it lies predominantly in the interest of the employee.

2 For leave of 1 to 15 days, 0.40% of the annual salary will be deducted per day from the employee and credited as vacation days. These vacation days must be taken in the same calendar year.

3 From 16 unpaid leave days onwards, the employee shall pay, in addition to the employee's contributions, the employer's contributions to the pension fund.

Earnings Compensation

1 Earnings compensation during paid leave and for services in the sense of § 33 on work-free days accrues to the Canton. If employees earn only a portion of their earned income from the Canton, the Canton has a proportional claim to the earnings compensation.

2 Earnings compensation during unpaid leave remains with the employees.

3 Employees must submit the earnings compensation reporting card to the Human Resources Office without delay.

VI. Education and Training

### Training and Further Education

#### a) Definitions

1 With training, employees acquire additional professional qualifications.

2 Further education serves to expand the knowledge and skills of employees.

b) Internal Training or Further Education

1 Employees may attend courses or training programs during working hours, which are offered by the Canton itself or in cooperation with other Cantons.

2 Prior to registration, employees must obtain the consent of their supervisor.

3 Internal training or further education may be attended during working hours. Employees are entitled to reimbursement of expenses and outlays.

c) External Training or Further Education

1 Employees may request a cost contribution for courses or training programs not offered by the Canton itself or in cooperation with other Cantons. The granting of paid leave is also considered a cost contribution.

2 The request will be decided upon, taking into account the mutual interest in the training or further education.

3 The Government Council issues guidelines on cost contributions.

d) Continuing Education Agreement

1 If the canton's cost contribution exceeds CHF 5,000, the head of the office

must conclude a continuing education agreement with the employee. This

agreement must particularly regulate the scope and manner of support, the

commitment period after the completion of the continuing education, and the

repayment obligation in case of non-compliance with the agreement.

2 The commitment period after the completion of the continuing education must

be at least two years. If the canton's cost contribution exceeds CHF 20,000, it

must be at least three years.

3 The continuing education agreement requires approval if the cost contribution

exceeds

a) CHF 20,000, by the Department;

b) CHF 30,000, by the Government Council.

VII. Ancillary Employment

Unauthorized Secondary Employment

1 Secondary employment that cannot be reconciled with the performance of duties is not permitted.

2 In particular, secondary employment is irreconcilable if it is likely to

a) create the impression of a conflict of interest;

b) lead to the exploitation of knowledge subject to confidentiality obligations;

c) impair trustworthiness in the official position.

Side Employment Requiring Approval

1 Side employment that takes up working hours or may impair work performance requires approval.

2 Side employment may be approved if the regular service operation remains guaranteed and no public interests are opposed. At the courts, the Court President decides on this matter.

3 With the approval, employees are granted paid or unpaid leave to the necessary extent.

4 If the side employment consists of holding a public office, the employee may take a maximum of 10 working days as paid leave per calendar year. For a public office filled by popular election, the entitlement is a maximum of 15 working days. The paid leave is determined by the days actually spent performing the office.

Compensation

1 Fees and salary contributions that are paid by third parties for official activities

and secondary employments during working hours must be

remitted by employees to the Canton.

2 Excluded are remunerations for secondary employment in public

offices and for secondary employments during an unpaid leave.

VIII. Employee Assessment

Employee Appraisal

a) Objectives

Employee appraisal serves the purpose of

a) recognizing and developing the skills of employees;

b) determining and promoting the performance of employees;

c) deploying employees according to their abilities;

d) recognizing and rewarding the achievements of employees.

b) Content and Effect

1 The subject of the assessment comprises, in particular, the work results, the work

performance, and the conduct of the employees. For supervisors, leadership ability

is also assessed.

2 Within the framework of the employee appraisal, target agreements are made in

qualitative and quantitative terms.

3 The employee appraisal serves as a basis for individual salary development.

c) Procedure

1 The employee appraisal takes place once a year and in the cases stipulated by

law. The Government Council issues directives on the procedure for employee

appraisals.

2 Any employee who disagrees with the assessment by their superior may request a

review by the next higher superior. For heads of departments, the Government

Council is considered as such.

IX. Salary

Revaluation and Individual Salary Development

1 The revaluation takes place at the time of the assumption of the changed area of

duties, competencies, or responsibilities.

2 Individual salary development takes place on January 1st.

### Performance Bonus

1. The performance bonus amounts to at least 500 Swiss francs and at most 6% of the minimum of the salary band according to the appendix to the Personnel Act.

2. The Government Council issues guidelines on the granting of performance bonuses.

Long-Service Award

a) Basis of Calculation

1 The long-service award is calculated on the basis of the salary in the month of entitlement and the average workload during the last five years prior to the month of entitlement.

2 Social allowances and remunerations paid during this calculation period are not taken into account.

b) Paid Leave

1 If employees wish to receive an anniversary bonus wholly or partly in the form of paid leave, they must inform their supervisor in advance.

2 The conversion of the anniversary bonus into paid leave, for a full-time employment level, is based on the following calculation

10 years: 3% of salary 7.5 working days

15 years: 4% of salary 10.0 working days

20 years: 5% of salary 12.5 working days

25 years: 6% of salary 15.0 working days

30 years: 7% of salary 17.5 working days

35 years: 8% of salary 20.0 working days

40 years: 9% of salary 22.5 working days

45 years: 10% of salary 25.0 working days

50 years: 11% of salary 27.5 working days

3 In the case of part-time work or partial cash disbursement of the anniversary bonus, the paid leave shall be determined proportionally.

Time Out

1 Upon completion of 20 years of service, the employee is entitled to a

one-time time out of a maximum of three months, which must be agreed upon

with the supervisor.

2 The time out takes the form of drawing the long-service gift as paid

leave, of vacation days, and in the form of leave up to 15 days according to § 38 Para. 2.

3 The leave taken by the employee according to § 38 Para. 2 will be doubled at the employer's

expense.

Family Allowance

a) Prerequisites

1 Employees are entitled to a family allowance if they regularly work for at least 20% of the normal working hours and fulfil one of the following prerequisites

a) there is an entitlement to family allowances for at least one child according to the Federal Act on Family Allowances and Financial Aid to Family Organisations of 24 March 2006 (Family Allowances Act);

b) sole or joint parental responsibility is exercised for at least one child according to Art. 296 et seq. of the Swiss Civil Code (ZGB) or was exercised until the child reached the age of majority;

c) maintenance contributions are owed for at least one child.

2 Anyone who is entitled to a family allowance based on para. 1 lit. b must additionally prove, from the month following the one in which the child reached the age of 16, that an education allowance according to the Family Allowances Act is being paid for the child or that the child is undertaking an education within the meaning of Art. 49 and 49 of the Ordinance on Old-Age and Survivors' Insurance of 31 October 1947.

3 The family allowance is granted at most until the end of the month in which the child reaches the age of 25.

b) Amount

The family allowance amounts to

a) CHF 200.-- per month if the employee regularly works for at least half of the standard working hours;

b) CHF 100.-- per month for an employment level of less than half of the standard working hours, but at least 20%.

c) Concurrent Claims

1 If there are multiple claims for a family allowance for the same child, the claim

belongs to the employee with the higher employment rate.

2 If both entitled persons regularly work less than half of the normal working

hours, both have an independent claim to a family allowance.

3 In other respects, concurrent claims are governed by the Family Allowances Act.

d) Reporting Obligation

1 Employees must report facts or events affecting the entitlement to family allowances to the Human Resources Office.

2 The claim for repayment and the refund of family allowances are governed by the Family Allowances Act in conjunction with the Federal Act on the General Part of Social Security Law of 6 October 2000.

Death Benefits

If an employee dies, their salary will be paid for the month of death and the two subsequent months.

### Duty to Account

Employees who are remunerated on the basis of actual hours worked must submit an account to their supervisor.

Payments

1 Payments by the Canton are made cashless at the following times

a) Salary and social benefits: no later than the 25th of each month;

b) Salary and social benefits for which an accounting obligation exists: no later than the 25th of the month following the submission of the accounting statement;

c) 13th month salary: in November;

d) Seniority bonus: in the month of entitlement.

2 Claims of the Canton or the pension fund related to the employment relationship may be set off against the employee's salary entitlements, to the extent that they are attachable.

X. Remuneration

General

1 Remuneration is generally based on the services rendered and billed.

2 The Government Council may grant flat-rate remuneration to individual staff groups or individual employees.

Part-time Staff

1. Part-time staff who work sporadically on a half-day or full-day basis are generally entitled to daily allowances and hourly compensation for file review and written work.

2. Part-time staff who permanently perform a function with a defined scope of tasks, competencies, and responsibilities are entitled to a lump-sum remuneration. The Government Council, after consulting with the Human Resources Office, sets the lump-sum remuneration taking into account the extent of the work performed.

3. There is no entitlement to salary in the event of incapacity to work, to long-service awards, to allowances, and to holidays.

Overtime

Remuneration for an hour of overtime shall be calculated based on the annual salary without allowances, plus a surcharge of one quarter.

Night and Sunday Work

1 Night work is work performed between 8:00 p.m. and 6:00 a.m. Sunday work is work performed on Sundays and on public holidays in accordance with Article 11, litera b.

2 The compensation for night or Sunday work for personnel groups with irregular working hours will be determined by the Cantonal Government in accordance with Article 15.

3 The compensation will be paid in addition to the salary.

On-Call Duty

Remuneration for on-call duty shall be determined by the Government Council for personnel groups with irregular working hours, in accordance with § 15.

Suggestions for Improvement

If a proposal from an employee contributes to a significant improvement in the organization or workflow, the Government Council may award him or her appropriate remuneration.

**XI. Expenses**

General

1 Employees are entitled, in accordance with the following provisions, to have

expenses and outlays reimbursed that they necessarily incur for the performance

of their duties.

2 Expenses are generally reimbursed based on verified and settled outlays.

3 The Government Council may grant flat-rate expense allowances to individual

staff groups or individual employees.

Business Travel and Trips

a) Public Transport

1 As a rule, the costs of travel by public transport will be reimbursed for business travel.

2 Employees who work at least half of the normal working hours are entitled to reimbursement for a Half-Fare travelcard (Halbtaxabonnement). If a Half-Fare travelcard is purchased, the correspondingly discounted tickets are deductible.

b) Use of Private Vehicles

1 If the use of public transport for an individual business trip is not possible or

uneconomical, employees may use a private vehicle.

2 For the regular use of a private vehicle for business trips, a permit from the

Head of Department is required. It will be granted if the performance of duties

necessitates the regular use of a private vehicle.

c) Reimbursement for Private Vehicles

1 The reimbursement for the use of a private vehicle for business trips

amounts per kilometer to

a) Motor vehicles, 75 rappen;

b) Mopeds and motorcycles, 45 rappen.

2 Employees who, in individual cases, use a private vehicle for a business trip,

will be reimbursed for the necessary parking fees.

3 Employees who possess an authorization for the regular use of a private

vehicle for business trips will be charged a reduced parking fee for the permanent use of a parking

space at the workplace. In addition,

they will be reimbursed for necessary external parking fees.

External Catering

If employees are required to stay outside their place of work for business reasons and cannot eat at their usual location, they will be reimbursed a flat rate of Fr. 30.-- for incurred expenses for the main meal.

Overnight Stay Away From Home

If employees are required to stay overnight away from their place of residence for business reasons, they will be reimbursed for the documented costs of the overnight stay away from home and breakfast.

### Ordered Relocation

When employees are required to move to an official station or an official residence, their proven relocation costs will be reimbursed.

Clothing Allowance

Employees are entitled to a reasonable clothing allowance if they

a) are required to wear service uniforms not paid for by the canton;

b) wear civilian clothes that are exceptionally worn out or soiled due to the specific nature of the work.

Office Allowance

1 If the Canton does not provide employees with the necessary workspace, they

will receive an office allowance.

2 The office allowance amounts to Fr. 1200.-- to Fr. 4800.-- per calendar year.

When determining the amount of the office allowance, the duration and frequency

of the use of the private workspace and the disadvantages arising from public

traffic in one's own home are to be taken into account.

XII. Transitional and Final Provisions

Transitional Provision for the Amendment of December 6, 2022

1 Employees newly transitioning to flexitime (Vertrauensarbeitszeit) retain their overtime credits as of December 31, 2022.

2 The overtime must be compensated within one year of the entry into force of the ordinance amendment.

3 In justified exceptional cases, remuneration may be provided. The department decides on the remuneration

a) the department for employees from salary band 18;

b) the office for other employees.

Repeal of Existing Law

With the entry into force of this Ordinance, the Implementing Ordinance to the Staff and Remuneration Ordinance of 3 December 1991 is repealed.

Amendment to Existing Law

a) Personnel and Salary Regulations for Teachers at Secondary and Vocational

Schools of 4 July 2000

§ 4 Staffing Plan

With regard to the staffing plan, the provisions of the Personnel and Salary

Ordinance and the Implementing Ordinance on the Personnel and Salary

Ordinance shall apply.

Para. 2 is repealed.

§ 5 Appointing Authority

1 In vocational schools, the competence for appointment is governed by the

Ordinance on Vocational Education, Career Guidance and Continuing Education.

2 In secondary schools, the Government Council appoints the Rector. The other

members of the school management are determined by the Government Council upon proposal of the Rector. The Rector appoints the teachers and other staff within the framework of cantonal regulations.

b) Regulations on Cantonal Special Services of Compulsory Schools of 14 June

2006

§ 10 Para. 2

2 The appointing authority until 30 June 2008 is the Office for School Services, thereafter the Office for Compulsory Schools and Sport.

c) Ordinance on Fees and Remunerations for Official Meat Inspection of 16 December 1997

§ 5

Part-time meat inspectors are remunerated with 120 Swiss francs per hour worked. For the use of a private vehicle, they receive 75 centimes per kilometre.

Entry into Force

1 This Ordinance enters into force on 1 January 2008.64

2 It shall be published together with the Classification Plan in the Annex in the Official Gazette

and included in the Official Compilation of Laws after its entry into force.

Annex

Classification of Functions by Salary Bands and Functional Categories

Salary General Technology and Education and Courts, Justice Leadership Specialist

Band Administration Crafts and Social Services and Police Cadre Cadre

Office Assistant Operational Assistant

Forestry/Agricultural

Assistant

Domestic Assistant

Office Operational

Employee Employee

Forestry/Agricultural

Assistant

Domestic Employee

Office Operational

Employee Employee

Forestry/Agricultural

Employee

Domestic Employee

Administrative Technical Midday Supervisor II

Employee Employee Classroom Assistant II

Forestry/Agricultural

Employee

Team Leader

Domestic Employee

Salary General Technology and Education and Courts, Justice Leadership Specialist

Band Administration Crafts and Social Services and Police Cadre Cadre

Administrative Technical Midday Supervisor I

Employee Employee Sports Supervisor I

Assessment Road Maintenance Classroom Assistant I

Assistant Employee Academic

Forestry/Agricultural Staff III

Employee

Building/Facilities Manager

Team Leader

Administrative Technical Academic Police Aspirant

Employee Employee Staff III

Laboratory Technician II

Skilled Worker

Road Maintenance

Foreman

Road Maintenance

Employee

Domestic Operations

Manager

Building/Facilities Manager

Team Leader

Group Leader Group Leader Academic Group Leader

Administrative Technical Staff III Police Case

Employee Employee Worker II

Laboratory Technician II

Skilled Worker

Road Maintenance

Foreman

Forest Ranger

Game Warden

Domestic Operations

Manager

Building/Facilities Manager

Group Leader Group Leader Healthcare Professional Group Leader

Case Technical Staff Librarian Police Case

Worker III Worker III Academic Worker II

Assessor II Laboratory Technician I Staff II

Accountant Consultant

II Skilled

Worker

Head Chef

Forest Ranger

Game Warden

Section Head Section Head Social Worker Group Leader

Case Technical Healthcare Professional Police Case

Worker III Staff III Librarian Worker II

Assessor II Laboratory Technician I Academic

Accountant Consultant Staff II

II Skilled

Worker

Forest Ranger

Game Warden

Head Chef

Salary General Technology and Education and Courts, Justice Leadership Specialist

Band Administration Crafts and Social Services and Police Cadre Cadre

Section Head Section Head Vocational School Teacher Section Head

Case Technical Social Worker Police Case

Worker II Staff II Academic Worker I

Assessor II Laboratory Technician I Staff II

Accountant Skilled

II Worker

Roads Supervisor

Forest Ranger

Head Chef

Section Head Section Head Vocational School Teacher Section Head Specialist

Case Technical Social Worker Police Case Cadre

Worker II Staff II Academic Worker I III

Assessor I Forest Ranger Staff I

Accountant Roads Supervisor

I

Section Head Section Head Secondary School Teacher Section Head Specialist

Case Technical Vocational School Teacher Police Case Cadre

Worker I Staff I School Director/Vocational Worker I III

Assessor I School Teacher

Accountant Career Counselor

I Academic

Staff I

Academic Technical Secondary School Teacher Section Head Specialist

Staff Employee Vocational School Teacher Case Cadre

Case School Director/Vocational Worker I III

Worker I School Teacher Police Case

Auditor Psychologist Worker I

Accountant Career Counselor

I Academic

Staff I

Academic Academic Secondary School Teacher Leadership Specialist

Staff Staff Vocational School Teacher Position III Cadre

Auditor Technical School Director/Vocational II

Staff I School Teacher

Technical Psychologist

Specialist School Inspector

Academic Academic Vocational School Teacher Public Prosecutor Leadership Specialist

Staff Staff School Director/Vocational Court III Cadre

Auditor Technical School Teacher Clerk II

Specialist Secondary School Teacher

Psychologist

School Inspector

Academic Academic Public Prosecutor Leadership Specialist

Staff Staff Court Position II Cadre

Technical Clerk I

Specialist Judge

Salary General Technology and Education and Courts, Justice Leadership Specialist

Band Administration Crafts and Social Services and Police Cadre Cadre

Academic Deputy Chief Public Prosecutor Leadership Specialist

Staff Public Prosecutor Position II Cadre

Judge I

Vice-President Leadership

Criminal/Juvenile Position I

Court and

Compulsory

Measures Court

President Leadership

Criminal/Juvenile Position I

Court and

Compulsory

Measures Court

Vice-President

Cantonal/

Administrative

Court

State Chancellor President Leadership

Cantonal/ Position I

Administrative

Court

1 OAL 21-155 with amendments from 19 February 2008 (OAL 22-1), from 26 May 2010 (OAL 22-104),

from 22 August 2012 (Personnel Regulations of the Schwyz University of Teacher Education, OAL 23-53a),

from 26 March 2013 (Executive Regulations to the Fire Protection Ordinance, OAL 23-69d), from 29 October

2013 (Government Council Resolution on Relief Programme 2014-2017, OAL 23-90b), from 10 December 2013 (OAL 23-93),

from 17 December 2013 (Government Council Resolution on Adaptation to New Cantonal Constitution, OAL 23-97), from 21 October

2014 (OAL 24-17a) and from 6 December 2022 (OAL 26-94).

2 SRSZ 145.110.

3 Para. 3 repealed on 6 December 2022.

4 Para. 1 lit. a and b, Para. 2 lit. g in the version of, lit. h newly inserted on 6 December

2022.

5 Para. 2 introductory sentence, lit. b, c and f in the version of, lit. i repealed on 6 December

2022, former lit. h and i become lit. g and h.

6 Para. 2 introductory sentence, lit. c to e in the version of 6 December 2022.

7 Newly inserted on 6 December 2022.

8 Para. 2 lit. f and h in the version of, lit. k newly inserted on 6 December 2022.

9 Heading, Para. 2 introductory sentence, lit. c, d and f, Para. 3 and 4 in the version of 6 Decem-

ber 2022.

10 Main title in the version of 6 December 2022.

11 Heading and Para. 1 in the version of, Para. 2 repealed on 6 December 2022.

12 Heading and Para. 1 in the version of 6 December 2022.

13 Heading, Para. 1 to 3 in the version of, Para. 4 newly inserted on 6 December 2022.

14 Heading, Para. 1 and 2 in the version of, Para. 3 newly inserted on 6 December 2022.

15 Heading and Para. 1 in the version of, Para. 2 and 3 newly inserted on 6 December 2022.

16 Repealed on 6 December 2022.

17 Sub-division repealed on 6 December 2022.

18 Heading and Para. 1 in the version of, Para. 2 and 3 newly inserted on 6 December 2022.

19 Heading and Para. 1 in the version of, Para. 2 and 3 newly inserted on 6 December 2022.

20 Newly inserted on 6 December 2022.

21 Para. 2 in the version of 6 December 2022.

22 Para. 2 newly inserted on 21 October 2014, former Paras. 2 and 3 become Paras. 3 and 4;

Para. 1 in the version of 6 December 2022.

23 Para. 2 in the version of and Para. 3 newly inserted on 6 December 2022.

24 Para. 2 in the version of 10 December 2013.

25 SR 832.20.

26 Heading and Para. 1 in the version of, Para. 2 repealed on 6 December 2022.

27 Para. 1 lit. b in the version of and Para. 2 newly inserted on 6 December 2022.

28 Para. 2 lit. c repealed on 6 December 2022, former lit. b and c become lit. a and b.

29 Para. 1 and 2 in the version of 6 December 2022.

30 Lit. g in the version of 26 March 2013.

31 Newly inserted on 6 December 2022.

32 Para. 1 and 2 in the version of, Para. 3 newly inserted on 6 December 2022.

33 Newly inserted on 6 December 2022.

34 Para. 1 and 2 in the version of, Para. 3 newly inserted on 6 December 2022.

35 Para. 1 to 3 in the version of, Para. 4 repealed on 6 December 2022.

36 Para. 2 and 4 in the version of 6 December 2022.

37 Para. 3 in the version of 6 December 2022.

38 Heading, Para. 1 and 2 in the version of 6 December 2022.

39 Para. 1 in the version of 6 December 2022.

40 Para. 2 in the version of 6 December 2022.

41 Newly inserted on 6 December 2022.

42 Para. 1 and 2 in the version of, Para. 3 newly inserted on 6 December 2022.

43 SR 836.2.

44 SR 831.101.

45 Version of 6 December 2022.

46 Para. 3 in the version of 6 December 2022.

47 Para. 2 in the version of 6 December 2022.

48 SR 830.1.

49 Version of 6 December 2022.

50 Para. 1 lit. c in the version of and lit. d newly inserted on 6 December 2022.

51 Version of 6 December 2022.

52 Para. 1 in the version of 6 December 2022.

53 Para. 1 in the version of 6 December 2022.

54 Version of 6 December 2022.

55 Repealed on 6 December 2022.

56 Heading and Para. 1 in the version of, Para. 2 and 3 newly inserted on 6 December 2022.

57 Repealed on 6 December 2022.

58 Repealed on 6 December 2022.

59 OAL 18-175.

60 SRSZ 145.112; OAL 19-624.

61 SRSZ 622.110.

62 SRSZ 614.211; OAL 21-76.

63 SRSZ 582.312; OAL 19-270.

64 OG 2007 2387; amendments from 19 February 2008 effective 1 January 2008, from 26 May 2010 effective

1 January 2011 (OG 2010 1222), from 26 March 2013 effective 1 January 2013 (OG 2013 812), from

22 August 2012 effective 1 August 2013 (OG 2012 2123), from 29 October 2013 effective 1 January 2014

(OG 2013 2563), from 10 December 2013 effective 1 January 2014 (OG 2013 2853), from 17 Decem-

ber 2013 effective 1 January 2014 (OG 2013 2974), from 21 October 2014 effective 1 November 2014 (OG

2014 2393) and from 6 December 2022 effective 1 January 2023 (OG 2022 3097) entered into force.

65 Version of 6 December 2022.