Ordinance on Legal Status (RSV) - Scope (RSV)

1. This regulation governs the employment relationship of employees working for the canton.

2. It applies to the personnel of the AHV Compensation Fund of the Canton of Thurgau, the IV Office of the Canton of Thurgau, the Family Compensation Fund of the Canton of Thurgau, and the University of Education only if and to the extent that the provisions applicable to these institutions stipulate so.

3. It does not apply to magistrates, or to the staff of the Thurgau Cantonal Bank, the Electricity Works of the Canton of Thurgau AG, the Building Insurance of the Canton of Thurgau, and the Hospital Thurgau AG.

4. The government council may subject experts, commission members, as well as holders of secondary offices to this regulation.

1. Subject to higher-ranking law and differing provisions for individual personnel areas.

2. Unless otherwise regulated by this ordinance, the provisions of the Swiss Code of Obligations apply mutatis mutandis.

3. The Council of State may, for specific offices, institutions, courts, or personnel categories, deviate from individual provisions for a limited duration to experimentally implement planned innovations.

**1. Employees are:**

1. Employees who are in employment with the canton for an indefinite or definite period

2. Persons elected for a term of office

3. Trainees who are completing an apprenticeship according to federal and cantonal regulations on vocational education and the rules of professional associations

4. Interns who are generally engaged in practical professional activities to prepare for or supplement their education for a maximum period of two years

1. Full-time employees perform a 100% employment, while part-time employees perform employment at less than 100%.

2. The same rights and obligations apply to part-time employees and employees entering or leaving during the year as apply to full-time employees, unless specific provisions provide otherwise. The claims are proportionately determined based on the employment level or the duration of the employment relationship.

3. All functions are open to part-time employees, provided that the fulfillment of tasks, the operational process, or business management reasons are not adversely affected.

1. Multiple employment is referred to when employees simultaneously hold several positions or paid engagements in the context of commissions, secondary employment, or as experts.

2. The maximum employment rate for all cantonal positions and engagements must not exceed 110%. In justified cases, time-limited exceptions may be granted.

1. The Executive Council is responsible for the establishment and termination of employment relationships for the employees it elects or appoints.

2. For all other personnel-related matters concerning employees elected or appointed by the Executive Council, the department, office, or institution is responsible.

3. Further competencies pursuant to this ordinance remain reserved.

1. The department and the state chancellery appoint the secretaries-general, the heads of offices and institutions, as well as the chief civil registrar. They are responsible for regulating all other business cases related to the employment relationship of these individuals, particularly regarding the termination of such employment relationships.

2. The departments are responsible for issuing decisions concerning non-contentious matters related to the employment relationship of individuals elected for a term of office by the people and the Great Council.

3. These competencies apply in accordance with financial guidelines, the mandate for services, and the staffing plan.

4. Further competencies pursuant to this regulation remain reserved.

1. Offices, institutions, and courts employ all staff members who are not appointed by the Government Council, the departments, or the State Chancellery. They are responsible for arranging all other matters related to the employment relationship of these individuals, particularly concerning the termination of the employment relationship.

2. A delegation of this authority is only permissible with the written consent of the department or the State Chancellery.

3. These competences apply in compliance with the financial guidelines, the performance mandate, and the staffing plan.

1. The Personnel Office provides a prior opinion on employment law decisions and agreements of the Executive Council, the departments, the State Chancellery, the Supreme Court, the Administrative Court, and the Appeals Commissions.

2. If offices or organizational units equated with offices in terms of personnel law make employment law decisions or agreements, the consent of the Personnel Office must be obtained in advance; general agreements are possible.

3. Additional powers arise from the present ordinance and from the Executive Council's regulations for the Personnel Office.

1. Employees have a right to participate in matters related to personnel issues that concern them. They exercise this right either through the staff associations or personally.

2. The umbrella organization of the staff associations acts as the link between the staff associations and the Governing Council. It is informed in advance about fundamental personnel issues and changes to personnel law provisions and is invited to provide feedback.

3. Staff associations that are not affiliated with the umbrella organization are invited to provide feedback before changes to personnel law provisions that significantly affect their members, provided these associations have their own legal personality and statutes, and represent significant portions of the affected personnel.

4. The Department of Finance and Social Affairs is responsible for involving the staff associations.

1. The Personnel Commission acts as an advisory body to the Government Council, providing early input on all fundamental personnel, leadership, and organizational matters, and it may submit proposals to the Department of Finance and Social Affairs regarding these issues.

2. The commission is composed of seven to eleven members, who are appointed by the Government Council for a term of four years. The umbrella organization has the right to propose candidates for the members it delegates.

3. The chairmanship is determined by the Government Council; otherwise, the commission organizes itself.

4. The Personnel Office informs, advises, and supports the Personnel Commission.

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

1. Employees working for the canton are in a public law employment relationship.

2. The employment relationship of employees as well as interns is established by decision.

3. Trainees are employed under an apprenticeship or training contract in accordance with federal and cantonal regulations concerning vocational education.

4. The election of employees by the public, the Grand Council, or the Executive Council remains reserved.

1. The employment relationship begins on the date specified in the appointment decision or resulting from the election decision. Generally, this should be set to the first day of a month.

1. Employees are either employed on a permanent or temporary basis.

2. Temporary employment relationships are particularly intended for projects with a definable time frame, to bridge extraordinary workloads, or extended periods of illness absence.

3. Subject to seasonal employment, a temporary employment relationship is generally permissible for no longer than a total of two years. A continuation can only occur as a permanent employment relationship and must be decided through a resolution.

4. For specific areas and functions where the workload is significantly higher during certain months of the year compared to others, seasonal employment can be approved with the consent of the department. Seasonal employment refers to temporary employment relationships lasting a maximum of nine months. These can be occupied recurrently with the same employees.

1. The first three months are considered a probationary period for employees and interns, unless this is waived or a shorter period is agreed upon.

2. In the event of a job transfer within the cantonal administration, a new probationary period may be set.

3. The probationary period for trainees is determined by the apprenticeship or training contract or according to the provisions of the federal and cantonal regulations on vocational education.

1. The probationary period may be extended for a maximum of six months.

2. In the event of an effective shortening of the probationary period due to illness, accident, or the fulfillment of a legally mandated duty not voluntarily assumed, the probationary period shall be extended by every full day of absence, but not beyond a total of six months.

1. The Employment Relationship Terminates

1. through Termination

2. upon Expiration of the Term for a Fixed-term Employment

3. by Mutual Agreement

4. * upon Expiration of the Maximum Continuation of Salary due to Accident or Illness in Accordance with § 20 of the Ordinance of the Great Council on the Remuneration of State Personnel (Salary Ordinance)[3]

5. through Retirement

6. upon Completion of the 65th Year of Age

7. due to Non-Reelection of Persons Elected for a Term

8. through Dismissal of Persons Elected for a Term

9. upon Death

1. Employees must submit termination or dismissal requests in written form to the competent authority.

2. In cases of termination or dismissal by the canton, the provisions of the Administrative Procedure Act are decisive.

3. The effects of the termination become effective upon delivery.

1. During the probation period, the notice period is seven days for both parties.

2. Subject to any differing provisions, an employment or internship relationship can be terminated by either party at the end of a month after the probation period has elapsed, observing the following notice periods

1. 1 month in the 1st year of service

2. 3 months from the 2nd year of service

3. ...

1. In the event of a job change within the cantonal administration, the notice period is determined by the total uninterrupted years of service with the canton.

2. The termination date pursuant to § 19 para. 2 does not apply to employees who terminate their employment due to pregnancy or maternity before or after childbirth.

1. The termination by the Canton must not be abusive under the provisions of the Code of Obligations and requires an objectively sufficient reason.

2. Objective reasons include, in particular

1. Abolition of a position for operational or economic reasons

2. Inadequate performance or unsatisfactory conduct

3. Breach of legal or agreed duties

4. Lack of suitability or failure to fulfill legal or agreed employment prerequisites

3. Before a termination due to inadequate performance or unsatisfactory conduct is pronounced, a status meeting should generally be conducted and a deadline for positive change should be set.

4. Employees whose employment relationship is terminated for operational or economic reasons are entitled to counseling and support in the professional transition process by the Personnel Office.

1. For a compelling reason, the employment relationship may be terminated immediately by either party without consideration of notice periods and termination dates.

2. A compelling reason is deemed to be any circumstance under which the continuation of the employment relationship cannot reasonably be expected in good faith.

3. The termination must occur immediately after becoming aware of the compelling reason.

1. A fixed-term employment relationship ends without termination upon the expiration of the agreed duration.

2. Any fixed-term employment relationship can be dissolved by either party at any time without notice in the presence of a compelling reason or by observing the notice periods and dates applicable to indefinite-term employment relationships.

3. Seasonal employment can be dissolved by either party with one month's notice, effective at the end of a month, unless otherwise agreed.

1. The premature termination of an apprenticeship relationship is governed by the provisions of the federal and cantonal laws regarding vocational education.

2. By written agreement, the apprenticeship relationship can be dissolved at any time by mutual consent.

1. The canton may not terminate the employment relationship of employees during the following grace periods

1. during mandatory Swiss military or civil defense service or Swiss civil service, as well as for four weeks before and after the service if the duty lasts more than eleven calendar days

2. during a complete or partial inability to work due to accident or illness without own fault, at least gross negligence, for a maximum of two years or until the entitlement to continued salary in the event of illness and accident expires

3. during pregnancy and in the 16 weeks following childbirth

4. * during participation in a service ordered by a federal, cantonal, or municipal authority for an aid action

5. * as long as the entitlement to caregiving leave according to § 22b BesVO exists, but no longer than six months from the day on which the framework period according to Art. 16p para. 2 of the Federal Act on Compensation for Loss of Earnings (EOG) begins to run

2. A termination issued during such a grace period is null and void.

3. The stated grace periods do not apply during the probationary period, in the case of an immediate dissolution of the employment relationship, or a disciplinary dismissal with immediate effect.

4. If a reason for suspension occurs during an ongoing notice period, the period is interrupted and continues only after the end of the grace period. In the case of interruption due to illness or accident, the period is interrupted for a maximum of 30 days in the first year of employment, 90 days from the second to and including the fifth year of employment, and 180 days from the sixth year of employment. The employment relationship ends informally at the end of the month.

1. In the case of a termination that is abusive or without sufficient grounds, the provisions of the Swiss Code of Obligations apply mutatis mutandis to the consequences and forfeiture of claims.

2. The consequences of a discriminatory termination on the basis of gender are governed by the provisions of the Gender Equality Act, whereby compensation can also be claimed.

1. Employees whose employment relationship is terminated by the canton or dissolved by mutual agreement at the instigation of the canton, without any justified reason related to their performance or conduct, may receive severance compensation under the following conditions

1. the employment relationship has existed continuously for at least five years until its dissolution, and

2. the employee has reached the age of 55 at the time of dissolution of the employment relationship, and

3. the employee has not yet reached the age of 63 at the time of dissolution of the employment relationship.

1bis. No severance compensation will be granted if reasonable alternative employment is available or if another reasonable position or function has been offered by the canton. The applicant may be required to provide evidence of intensive efforts to secure a new position.

2. The standard severance compensation amounts to a maximum of six months' salary, and in exceptional cases, up to a maximum of 12 months' salary. It is determined by the appointing or employing authority based on the circumstances of the individual case with the approval of the personnel office. In doing so, particular consideration shall be given to economic advancement, years of service, and personal circumstances. Severance compensation exceeding six months' salary additionally requires the approval of the government council.

3. A monthly base salary (1/12 of the annual salary) serves as the assessment basis. For persons with varying work percentages, the preceding five calendar years are considered to determine the relevant employment level.

3bis. Applications must be submitted to the appointing or employing authority by the time the employment relationship ends at the latest; late submission will void the claim.

4. ...

5. In the event of re-employment by the canton within 2 years of the dissolution of the employment relationship, the government council will decide on the full or partial repayment of the severance compensation.

1. If an employee agrees with the canton to retire after reaching the age of 60, instead of receiving a severance payment, a contribution to the pension fund savings balance, or alternatively or cumulatively, a preliminary supplementary pension equivalent to the supplementary pension at the age of 63 as per the provisions of the Thurgau Pension Fund regulations, may be granted.

2. The Council of State shall determine the details. It may specifically provide that the regulation according to paragraph 1 is granted in exceptional cases from the age of 58.

1. If the abolition of positions leads to dismissals or layoffs, the governmental council may, with the involvement of the umbrella association of staff associations and, if necessary, with the involvement of staff associations not affiliated with the umbrella association, provided they represent significant portions of the affected personnel, establish a social plan.

2. The development of a social plan is mandatory in the event of dismissals or layoffs of 10 or more employees resulting from the same operational changes.

3. A social plan may provide for benefits that deviate from the provisions of the present regulation.

1. By mutual agreement, the employment relationship may be terminated by written agreement, deviating from the provisions of this regulation.

2. However, the provisions pursuant to § 27 shall apply regarding severance compensation.

1. If continued employment with a reduced employment level is not possible, the employment relationship ends in the event of full or partial incapacity for work upon the expiration of the maximum entitlement to benefits in the event of illness and accident. There is no entitlement to continued employment with a reduced employment level.

2. In the case of anticipated long-term incapacity for work, the position can generally be filled permanently at the earliest one year after the onset of incapacity for work. If the employee regains work capacity, they should, if possible, be assigned a different, reasonable position.

3. In the event of anticipated long-term full or partial incapacity for work due to illness or accident, the employment relationship generally ends at the end of the month in which the employee reaches the age of 64, provided that benefits due to illness or accident have been paid during a year.

1. The age-related retirement of employees may take place between the completion of the 58th and the completion of the 65th year of age.

2. Insofar as operational circumstances permit, a staggered retirement in the sense of partial retirement may be chosen.

3. For age-related retirement, the notice periods and the formal requirements for terminations apply analogously.

1. The employment relationship ends at the end of the month in which the employee reaches the age of 65.

2. Continued employment after reaching the age of 65 is possible if it is in the interest of the Canton. In such cases, the employment relationship is to be converted into a fixed-term employment relationship, without a probationary period being set.

3. Employees elected by the Government Council for a term of office are generally re-elected until the end of the month in which they reach the age of 65.

1. The employment relationship of employees elected for a term of office ends on the day the term expires if no re-election occurs.

2. If the Government Council or the Grand Council intends to abstain from re-election, they must inform the concerned employee in writing three months before the end of the term of office and provide reasons for their decision.

3. The decision to forego re-election must be communicated in writing to the Government Council, or in the case of individuals elected by the Grand Council, to the relevant department, taking into account the notice periods according to § 19.

1. Unless specifically regulated otherwise, §§ 18 to 32 are applicable to the employment relationships of employees elected by the Executive Council for a term of office.

2. For the employment relationships of employees elected by the Grand Council, unless otherwise regulated, §§ 27 to 30 are decisive. Dismissal before the end of the term of office is possible if a position or job must be abolished for operational reasons and internal transfer is not possible. Such a dismissal must be notified at least three months in advance.

3. The employment relationships of employees elected by the public can, unless otherwise regulated, only be terminated by the canton before the end of the term of office by applying § 30, para 1. Measures based on the Responsibility Act remain reserved.

4. Employees elected by the Grand Council or the Executive Council for a term of office can, upon their justified request, be released from state service before the end of the term of office, provided that this does not impair significant interests of the state. The request must be submitted in consideration of the notice periods according to § 19.

1. The canton respects and protects the personal rights of its employees. It duly considers their health and promotes it with appropriate operational measures.

2. The canton ensures their protection against psychological and physical harassment in the workplace by taking appropriate measures, particularly against sexual harassment, bullying, and discrimination.

3. In cases of suspected harassment, bullying, or discrimination, the heads of departments, institutions, and courts must pursue the allegations upon the indication of the affected individuals and initiate appropriate measures. There is a right to support and consultation by advisors designated by the canton and the personnel office, in accordance with the directives of the government council.

1. The Canton supports employees with health impairments through appropriate measures within the framework of Case Management. The Human Resources Office is responsible for Case Management.

2. A Case Management is generally reviewed upon request by the supervisory authority in the event of prolonged or repeatedly occurring absence due to illness or accident, reduced performance capability caused by illness or accident, or detected signs of addictive behavior.

3. As part of the duty of loyalty, the affected employees are obliged to participate and cooperate in the Case Management. Unjustified refusal to participate or cooperate leads to the reduction or suspension of the canton’s benefits.

1. If an employee is legally challenged in connection with the fulfillment of their duties, or if legal proceedings are deemed necessary and appropriate to protect their rights in this context, the department generally provides legal protection. This is done by involving a legal caseworker and, in justified cases, by covering the costs of legal representation for the first-instance proceedings. Legal protection may also be extended to subsequent proceedings.

2. This entitlement is void in the case of minor infractions or if the employee has committed a severe and obvious breach of duty. It may also be void if the canton is the opposing party.

3. The government council may order a reimbursement of costs if the procedure reveals that the employee acted culpably.

1. The canton processes only the personal data of employees that is necessary for the employment relationship. As far as possible, this data is to be obtained directly from the person concerned.

2. The competent authorities may only disclose personal data to third parties if there is a legal basis for doing so or if the persons concerned have given written consent to the data transfer.

3. After an employee's departure, the competent authorities store the necessary personal data in accordance with legal provisions for the specified duration. Thereafter, the data is destroyed subject to the provisions governing archiving.

4. In all other respects, the provisions of the Data Protection Act are applicable.

1. Employees have the right to access personal data concerning them, to rectify or destroy incorrect personal data, to add a note if neither the correctness nor the incorrectness of the personal data can be verified, and to block personal data.

2. Access may be denied or restricted if significant public interests or obviously deserving private interests of third parties require it. Any denial or restriction must be justified.

1. Remuneration, including allowances, is determined by the Ordinance of the Grand Council regarding the remuneration of state personnel, as well as the implementing provisions of the Government Council.

1. Insurance Against the Economic Consequences of Old Age, Disability, and Death

The insurance against the economic consequences of old age, disability, and death is governed by the regulations of the Government Council for the Pension Fund of the Thurgau State Personnel.

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

2. For insurance against non-occupational accidents, employees must contribute a personal premium share.

1. Employees shall be entitled to the following vacation days per calendar year

1. * 30 working days during the training period, but no longer than up to the completion of the 25th year of age. The use of five vacation days within the training period for the mandatory apprentice camp or for equivalent events according to the guidelines of the Personnel Office is reserved.

2. * 27 working days up to and including the calendar year in which the 20th year of age is completed.

3. * 25 working days up to the calendar year in which the 49th year of age is completed.

4. * 27 working days up to the calendar year in which the 59th year of age is completed.

5. 30 working days from the calendar year in which the 60th year of age is completed.

**1. Employees Aged 21 and Over**

Employees who have reached the age of 21 and are no longer in training may increase their annual vacation entitlement by 5 or 10 working days per calendar year following the completion of the probationary period, provided this is operationally feasible and their existing vacation balances have been utilized in accordance with the applicable withdrawal regulations.

**2. Temporary and Resigned Employees**

Employees who are temporarily employed or have a terminated employment relationship may not acquire additional vacation time.

**3. Application for Additional Vacation**

The request to acquire additional vacation time must be approved by the supervisory authority. It should be submitted at least three months prior to the planned commencement of the additional vacation.

**4. Deduction of Additional Vacation Value**

The value of the additionally acquired vacation, taking into account the individual vacation entitlement pursuant to § 42, is typically deducted from the salary in the month following the vacation period.

**5. Exclusion from Vacation Reduction**

The additionally acquired vacation is exempt from the vacation reduction as per § 46. Furthermore, the provisions of § 43 to § 45 apply.

1. Vacation shall be determined by the supervisor, taking into account the operational requirements and in consultation with the employee.

2. Vacation is generally to be taken in larger contiguous portions. Juveniles and young adults up to the age of 20, as well as trainees, must take at least two consecutive weeks of vacation per year.

3. Vacation is to be taken in the calendar year in which it is due. Carryover of vacation to the following year requires the approval of the supervisor.

4. No compensation claims can be made for vacation voluntarily not taken.

1. Holidays, public holidays, and public rest days cannot generally be compensated with financial payments or other benefits during the term of employment. Exceptions to this rule apply to employment relationships where the remuneration is set on an hourly or daily basis. In such cases, the entitlement to holidays, public holidays, and public rest days is compensated through surcharges, unless expressly provided otherwise.

2. Financial compensation for holidays, public holidays, and public rest days occurs when these cannot be taken or compensated due to compelling reasons before leaving civil service, as well as upon the dissolution of the employment relationship due to death.

3. Any excess holiday days taken will be offset against salary upon departure. Exceptions to this rule include cases where the employment relationship is terminated at the instigation of the canton or by mutual agreement, without the employee having given justified cause for such termination through their performance or behavior.

1. If unforeseen personal events such as illness or accident occur shortly before or during the vacation, which thwart the vacation's purpose of recovery, the vacation may be postponed, interrupted, or terminated early, and the remaining entitlement may be utilized at a later time.

2. Any interruption or termination of the vacation must be reported to the supervisor as soon as possible; otherwise, the right to compensation is forfeited.

3. In the event of illness or accident, incapacity to work must be substantiated with a medical certificate starting from the first day if requested.

1. If the absence from work due to compulsory military or protective service, Swiss civilian service, illness, non-occupational accident, or paid leave exceeds 90 calendar days in the same calendar year, or 120 calendar days in the case of pregnancy and maternity when the leave spans the year-end, the entitlement to vacation is proportionately reduced. Days exceeding 90 or 120 calendar days, respectively, will be reduced.

2. Absences are to be added up and converted into whole days. An exception is made in that absences occurring before a female employee gives birth are not added to maternity and pregnancy leave. Absences due to paternity leave or caregiving leave under § 22b BesVO are not considered in the vacation reduction.

3. If unpaid leaves exceed 30 calendar days per calendar year, vacation entitlement is proportionately reduced.

4. There is no entitlement to vacation in the event of uninterrupted, 100% absence from the workplace for 365 calendar days.

1. Leave is defined as any absence from duty granted for reasons other than vacations, illness, accident, pregnancy and childbirth, paternity, mandatory military or protection service, or Swiss civil service. Absences for the care of a minor child who is seriously affected health-wise, as per § 22b BesVO, are also not considered leave.

2. Leave does not interrupt the employment relationship.

3. If the reason for leave coincides with vacation or falls on a half or full day off, the leave is granted before or after. There is no entitlement to retroactive granting if the leave was not commenced for reasons that the canton is not responsible for or if it is impeded by personal events such as illness or accident.

4. Voluntarily unclaimed leave does not establish an entitlement to retroactive granting or financial compensation.

1. Leave may be granted if operational circumstances permit.

2. Paid leave exceeding three working days is to be granted with a written decision.

3. Unpaid leave is to be granted in every case with a written decision.

1. Where the nature of the reason for leave justifies it, paid leave may be granted.

2. For J+S training and continuing education courses, for which a claim for compensation from the income replacement scheme can be made, paid leave of up to five days per calendar year shall be granted.

3. For the exercise of public offices or activities in the interest of the public, and the corresponding training, paid leave of up to five days per calendar year may be granted independently of the leave according to the preceding paragraph. Insofar as compensation is provided for such activities, it may be credited against the salary payments made during the leave.

1. The following events entitle the employee to paid leave as detailed below: (in days)

1. Own wedding: 2

2. Wedding of own child or stepchild: 1

3. * ...

4. Adoption of a child: 2

5. Relocation: 1

6. Orientation day for military, civil protection, and civil services: 1

7. Release from mandatory military service: 1

8. Deaths

8.1. Spouse: 3

8.2. Life partner: 3

8.3. Own children or stepchildren: 3

8.4. Grandchildren and further descendants: 1

8.5. Parents: 2

8.6. Siblings: 2

8.7. Parents-in-law: 2

8.8. Parents of the life partner: 2

8.9. Daughters-in-law and sons-in-law: 1

8.10. Life partner of the son/daughter: 1

8.11. Grandparents: 1

8.12. Work colleague (funeral): ½

2. For the care of one's own child or stepchild with health impairment, there is an entitlement to up to three days of paid leave per incident; after these three days, there is an entitlement to unpaid leave for further care.

2bis For the care of another family member or the life partner with health impairment, there is an entitlement to up to three days of paid leave per incident and a maximum of ten days per year.

3. Upon sufficient justification, paid leave may be granted beyond the extent provided in paragraph 1.

1. If paternity leave pursuant to § 22a BesVO cannot be taken due to illness or accident, there is an entitlement to compensation, provided a medical certificate is presented.

2. Paternity leave must be taken before separation from employment. The employment relationship will not be extended for untaken leave days.

1. If the caregiving leave pursuant to § 22b BesVO is taken continuously, absences due to illness or accident, vacations, as well as public holidays and official days of rest, do not constitute an interruption of the caregiving leave and do not give rise to any entitlement to compensation or regranting.

2. If caregiving leave is taken on a daily basis, there is an entitlement to the regranting of leave days that could not be taken due to illness or accident. A medical certificate must be presented.

1. If the reason for the leave is primarily in the interest of the employee, unpaid leave may be granted for a period of up to twelve months.

2. The entitlement to unpaid leave for female employees after childbirth is governed by the regulation of the Grand Council regarding the remuneration of state personnel as well as the enforcement provisions of the Government Council.

3. During unpaid leave, the employer continues to contribute to the savings insurance for up to one month. The risk contributions are covered by the employer for a maximum of 12 months, provided the employee also pays their share. Missing savings contributions can be compensated through voluntary deposits in accordance with the guidelines of the state personnel pension fund.

1. As a rule, an employee evaluation is conducted annually in accordance with the directives of the Executive Council or, exceptionally, in accordance with an equivalent system approved by the Executive Council.

2. Employees elected for a term of office by the populace, the Grand Council, or the Executive Council, who are not compensated based on performance pay, as well as employees with fixed salaries, are not evaluated.

3. The employee evaluation serves for the assessment of performance and potential. In particular, the professional qualities, commitment, and behavior of the employees are evaluated; for supervisors, leadership is also assessed.

4. The performance evaluation determines the extent to which the objectives according to the job description and target agreements for the evaluation period have been achieved.

5. The potential evaluation serves the targeted development of the employees.

1. For the performance and overall evaluation, the following five qualifications are used

1. * "significantly exceeded"

2. * "exceeded"

3. * "fully met"

4. * "partially met"

5. * "not met"

2. ...

1. The employee may request a meeting with the next higher supervisor and the head of the office, institution, or court after the evaluation.

2. If no agreement can be reached during this meeting, a hearing can be requested by the department. The hearing is conducted for the staff of the courts and the Higher Court by the President of the Higher Court, and for the staff of the Administrative Court and the Appeals Commissions by the President of the Administrative Court.

3. The personnel office may be involved.

1. The canton supports and promotes the further education of employees.

2. Further education includes offerings as part-time measures which contribute to maintaining professional qualifications.

3. It also includes offerings for acquiring new competencies in view of taking on new roles or learning a different profession.

1. The canton shall bear the costs for internal and externally mandated continuing education.

2. The canton may participate in the costs of voluntary continuing education, depending on its interest, by means of

1. full or partial continuation of salary in the event of a service loss,

2. full or partial assumption of other costs, notably course fees, examination fees, and expenses.

1. Employees who wish to undertake voluntary further training and seek a cost contribution from the canton must submit a substantiated application to the head of the office, institution, court, or department before the start of the training.

2. For applications regarding the assumption or sharing of costs for voluntary further training, the personnel office provides an opinion before a decision is issued.

1. By participating in the costs of voluntary further education, the canton obligates the employee to remain in the service of the canton for a specific period or to repay the contribution in full or in part.

2. The obligation period begins after completion of further education. It depends on the amount of the canton's expenses

Canton's Expenses / Obligation Period

- up to CHF 5,000: none

- CHF 5,001 to CHF 15,000: 12 months

- CHF 15,001 to CHF 30,000: 24 months

- over CHF 30,000: 36 months

3. The canton's expenses are considered to be the costs according to § 56 paragraph 2. The costs for continued salary payments in the event of service absence are calculated based on the basic salary and any functional allowances.

4. The obligation period is interrupted by unpaid leave of more than 30 days.

5. Concurrent obligation periods are not permitted. If another cost participation by the canton is claimed during an existing obligation period, the new obligation period does not begin until the previous one has expired.

1. In the event of a self-inflicted non-commencement or termination of further training, as well as in the case of dissolution of the employment relationship during further training, the services awarded by the canton for voluntary and mandatory further training, regardless of their amount, must be fully reimbursed.

2. In the event of leaving the employment relationship with the canton before the end of the obligatory period, there is a proportional repayment obligation for the months not served. If the employment level changes, the obligatory period will be adjusted proportionally up to a maximum of 48 months.

3. The services to be reimbursed for paid absences from duty during further training are calculated based on the age-dependent hour divisor.

4. For important reasons, specifically if the employment relationship must be dissolved due to operational reasons, the department may completely waive the cost reimbursement or reduce the amount to be repaid.

1. Employees may request a certificate at any time, which provides information about the nature and duration of the employment relationship as well as their performance and conduct.

2. Upon their specific request, the certificate must be limited to information about the nature and duration of the employment relationship.

3. The entitlement to a training certificate is governed by the provisions of the Swiss Code of Obligations.

1. Employees are required to personally fulfill the tasks assigned to them.

2. They are obligated to perform their duties loyally, diligently, and economically. In doing so, they must uphold the interests of the canton and refrain from anything that could impair or potentially impair these interests.

1. The foundation of cooperation is formed by the management guidelines.

2. Tasks, responsibilities, and competencies are determined by the function, the job description, and the specific instructions of the superior.

3. Employees must perform all tasks that inherently belong to their area of activity and that are assigned to them by their superior based on their knowledge and abilities.

1. Employees are entitled to report irregularities to a superior authority or to the reporting office designated by the Executive Council. Only reports made in good faith are permitted.

2. Anyone who makes a report in good faith does not violate their duty of loyalty and must not be disadvantaged in their professional position because of it.

3. The report is treated confidentially. Appropriate technical and organizational protective measures are taken to ensure confidentiality.

4. The Executive Council shall regulate the details.

1. If operational circumstances require, employees, with the exception of those elected for a term of office as well as trainees, may be assigned a different reasonable function, a different position, or a different workplace.

2. A reduction or increase in the degree of employment may occur if operational circumstances demand it.

3. Such changes, regardless of whether they impact remuneration or not, must be communicated, justified, and the affected employees must be heard, in compliance with analogous deadlines and dates for regular termination.

4. If no amicable solution can be reached, the change may be associated with a regular termination.

1. In justified cases, employees may be granted leave from work without affecting salary continuation.

2. Unless otherwise agreed, income from other employment during the leave period will be deducted from the salary.

3. The reporting obligation pursuant to § 79 applies analogously when assuming employment during the leave period.

4. If a new position is commenced during a leave of absence while a notice period is running, the termination of the employment relationship with the canton must be subsequently set in such a way that two employment relationships do not exist simultaneously.

1. The Executive Council regulates the monitoring and use of the internet and email in the workplace through a directive. It may conduct evaluations related to specific workstations for the purpose of monitoring.

2. The monitoring is carried out in compliance with the provisions of personal protection, data protection, labor law, and official secrecy.

3. In cases of misuse of internet and email services, an administrative investigation may be initiated against culpable individuals.

1. The annual gross working time based on a 42-hour workweek amounts to 2,184 hours for a full workload. Exceptions are reserved for differing special regulations under particular operational conditions, as well as for persons with management working hours.

2. The arrangement of working time must take into account the needs of clients, customers, and the organization, while also considering the interests of employees.

3. As a rule, annual working time applies. If required for operational reasons, the heads of departments, the State Chancellery, offices, institutions, and courts may opt for other working time models, particularly the weekly working time.

4. The Personnel Office issues guidelines.

1. For the heads of the general secretariats, offices, institutions, and enterprises, the cantonal physician and the cantonal doctor, the cantonal pharmacist and the cantonal chemist, the cantonal veterinarian and the cantonal veterinary doctor, as well as for the presidents of the district courts, the compulsory measures court, and the child and adult protection authorities, the management working time model applies. They are exempt from recording working hours. They cannot claim additional hours or overtime.

2. Instead of the right to compensation for additional and overtime hours, 42 hours are credited to a long-term account at the end of each calendar year.

3. The time credit on the long-term account may not exceed 250 hours. Hours accumulated beyond this will expire.

4. The time credit on the long-term account is freely disposable and must be settled periodically, at the latest upon service exit. It can only be financially compensated if a reduction for operational or compelling personal reasons cannot occur before the exit.

5. The department issues guidelines for the implementation of management working time.

1. The personnel office calculates the annual target hours of employees based on the calendar position of holidays and public rest days, renewing this calculation annually.

2. The calculation of annual working time presupposes the recording of working hours.

**1. The Working Time Balance During the Calendar Year**

The working time balance for full-time employees must not exceed plus 200 hours or minus 100 hours during the calendar year. The compensation of a positive working time balance must be discussed with the supervisor; it may be mandated for operational reasons.

**2. Carryover Working Time Balance to the Following Calendar Year**

The working time balance, when carried over to the following calendar year, must not exceed plus 42 hours or minus 20 hours for full-time employees. The heads of the departments, the state chancellery, the offices, institutions, and courts may defer the timing of this carryover by up to six months, and in justified exceptional cases, by up to one year for operational reasons.

**3. Time Credit Exceeding the Limit**

Time credits that exceed the maximum limit at the end of the deferral period shall expire. However, the heads of the departments, the state chancellery, the offices, institutions, and courts may grant compensation for part of the working time balance exceeding 42 hours in justified exceptional cases with the approval of the personnel office.

**4. Balancing Positive or Negative Working Time Balance**

A positive or negative working time balance must be adjusted before leaving the service. A positive balance may be financially compensated if a reduction cannot occur for operational or compelling personal reasons before leaving. A negative working time balance is generally offset against the salary.

1. Weekly Working Hours: The actual working time usually amounts to 42.5 hours per week. The difference between the actual hours worked and the standard working hours on an annual average is compensated by granting additional leave days to bridge between public holidays or through other forms of flexible work arrangements.

1. Overtime hours are those hours worked beyond the agreed regular working hours, either by prior instruction or with subsequent approval from the supervising person. They must be recorded separately.

2. Overtime is to be compensated with time off. Compensation should generally occur in consultation with the supervising person within 12 months; it may be mandated for operational reasons.

3. There is no entitlement to compensation for overtime or to an overtime allowance. Exceptions remain reserved for specific regulations for certain personnel sectors.

4. Department heads, the state chancellery, offices, institutions, and courts may, in justified exceptional cases and with the consent of the personnel office, grant compensation for overtime.

1. Employees may determine their working hours themselves, taking into account the applicable work-time model and the following principles, as well as the requirements of the departments, the state chancellery, the offices, the institutions, or the courts.

2. The following principles must be observed in the organization of working hours

1. Working hours are to be distributed over five working days, with Saturdays and Sundays being work-free

2. The time between 6:30 AM and 7:00 PM is considered as the workday framework within which work performance must occur

3. Availability times must be ensured from Monday to Friday from 8:00 AM to 11:30 AM and from 1:30 PM to 5:00 PM

4. For a work performance of more than six hours, a break of at least 30 minutes, which is not counted as working time, must be taken

5. For additional breaks, a maximum of 15 minutes per half-day may be counted towards working time

3. The heads of the departments, the state chancellery, the offices, institutions, and courts may provide exceptions to the rules in paragraph 2 for individual operations or employees in justified cases.

1. If official duties must be performed for operational reasons outside the working days and time frame listed in § 70, the time spent shall be counted as working time.

2. If work is performed outside the usual workplace, travel time from the workplace to the external site, or the additional time compared to the normal commute, counts as working time.

3. In the case of paid vacation and internal as well as obligatorily declared external further training, for full-time employees, at most the agreed daily standard time shall be credited as working time. For part-time employees, the supervisor determines the creditable working time.

4. Doctor and dentist visits, as well as therapies, should be scheduled during off-peak times if possible and generally do not count as working time or absence due to illness or accident.

1. Public Holidays and Days of Rest per § 1, Numbers 2 and 3 of the Law on Public Holidays shall be credited towards working hours, provided they do not fall on Saturdays or Sundays.

2. On New Year's Eve, work ends at 12:00 p.m. and on the day before Good Friday as well as Ascension Day at 4:00 p.m. No early work cessation occurs before May 1, August 1, and December 24.

3. If days of rest fall during holidays or if the nature of the business does not permit a general work stoppage, they will be granted subsequently or can be compensated. This is on the condition that these days of rest do not fall on a Saturday or Sunday.

4. Days of rest occurring during vacations or during pregnancy and maternity leaves will not be granted subsequently.

1. The place of work is generally considered to be the location where the offices of the employees are situated.

2. If operational needs allow, remote work may be permitted. The personnel office shall issue guidelines.

1. The engagement in secondary employment and the assumption of public offices is permissible if they do not impair the fulfillment of official duties, are compatible with the employment relationship, and do not result in any conflicts of interest.

1bis. The maximum employment level for all paid primary and secondary employment must not exceed 110%. In justified cases, temporary exceptions may be granted.

2. Employees must inform their superior authority before assuming a public office or taking up secondary employment. Exempted are offices with compulsory service.

1. Employees require written authorization from the appointing or electing authority or the competent department to engage in secondary employment or hold a public office if such engagement aims at or results in a substantial auxiliary income, if it demands a portion of the working hours, or if it may impact the performance of duties in public service.

2. For full-time employees, secondary employment is considered substantial if it aims at or results in earning more than one-tenth of the annual salary received from the canton.

3. If a portion of the working hours is demanded, a reduction in the employment level should typically be applied, or leave may be granted.

1. Employees are obligated to maintain confidentiality concerning official matters that, by their nature or according to specific regulations, are to be kept secret.

2. Employees may only access official files, disseminate them, and forward information as required by the course of business or if authorized by law.

3. The duty of confidentiality remains in effect even after the termination of the employment relationship or official duties.

4. Employees may only express themselves as a party, witnesses, judicial experts, or informants if authorization has been granted by the competent authority. Excluded from this requirement are cases where the duty of confidentiality is waived due to a legal obligation to provide or report information.

5. The release from official secrecy is granted by the department or the heads of the state chancellery, offices, institutions, and courts.

1. The Duty to Recuse of Employees, unless other ordinances are applicable, is governed by the provisions of the Administrative Procedure Act.

1. Employees are prohibited from claiming, accepting, or allowing themselves or others to be promised gifts, invitations, or other advantages that are or could be related to their duty fulfillment.

2. Exemptions from this prohibition include

1. * Acceptance of courtesy gifts up to a value of CHF 100 after the service has been rendered

2. * Acceptance of invitations if they are in the official interest and serve informational, educational, or networking purposes

3. Employees involved in a procurement process are prohibited from accepting invitations if

1. they are offered by an actual or potential provider,

2. they are offered by a person involved in or affected by the process, or

3. a connection between the invitation on one hand and the procurement process on the other cannot be ruled out.

4. In cases of doubt, the department or business management decides whether the gifts, invitations, or other advantages may be accepted.

1. Employees are required to immediately report any changes in their personal circumstances that are relevant to the employment relationship to the responsible personnel department and the payroll office.

1. In justified cases where risks in fulfilling duties need to be eliminated, the heads of offices, institutions, and courts may order a medical examination by a physician of trust for the employees in consultation with the personnel office.

1. Works created by employees in the course of their employment relationship are the property of the canton. Copyrights and all other rights to the works are fully transferred to the canton and may not be claimed by employees at any time.

1. If the fulfillment of duties requires it, a specific place of residence, accessibility to the workplace within a certain time, or the occupancy of a service apartment may be prescribed to employees by the election or appointment authority.

1. The financial and criminal liability of the employees is governed by the Law on Liability, unless other regulations are applicable.

2. The disciplinary liability of persons elected for a fixed term of office is governed by the Law on Liability.

1. Employees have the right to comment on the issue in question before a decision is made.

1. To the extent that this regulation does not provide otherwise, legal protection concerning personnel-related decisions is governed by the Administrative Jurisdiction Act (23).