Ordinance of the Grand Council on the Salaries of Cantonal Staff (Salary Ordinance; BesVO) (Besoldungsverordnung; BesVO) - Purpose, Scope (BESVO)

1. This regulation governs the remuneration of personnel employed by the Canton.

2. It is applicable to the personnel of the Thurgau Canton Compensation Fund, the Thurgau Canton Family Compensation Fund, and the Thurgau University of Teacher Education only insofar as the provisions governing these institutions provide for it.

3. This regulation does not apply to the personnel of the Thurgau Cantonal Bank, the Electricity Works of the Canton of Thurgau AG, the Building Insurance of the Canton of Thurgau, and the Thurgau Hospital AG.

4. The salaries of teachers at kindergartens, primary, vocational, and secondary schools are regulated in special decrees.

1. The Executive Council shall regulate in particular

1. Salaries and compensations for commission members, experts, and holders of individual subsidiary offices

2. * Salaries for employees hired on a temporary basis for up to one year, for interns, and for trainees

3. Inconvenience allowances

4. Functional allowances

5. * ...

6. Reimbursements for expenses incurred for official purposes

7. Compensations related to the residency requirement for police officers

1. The government council shall enter into agreements with other cantons or institutions concerning the remuneration of the employees provided by them.

2. ...

**1. Magistrates are:**

1. the members of the Government Council, the Supreme Court, and the Administrative Court

2. the State Secretary

**2. Employees are:**

1. employees who have either permanent or temporary employment with the canton

2. individuals elected for a term of office

3. trainees

4. interns

1. The Executive Council shall inform the Grand Council annually in detail about personnel expenses in the budget.

1. Remuneration of State Personnel Consists of

1. * Basic Salary

2. Social Allowances (Family Allowance, Child Allowance, Training Allowance)

3. Allowances Pursuant to § 2 of this Regulation

2. The Basic Salary comprises the rate according to the salary class and the rates according to the Special Provisions of this regulation, insofar as they are not designated as allowances.

3. Allowances pursuant to para. 1 no. 3 are granted only if their conditions are not considered in the basic salary, particularly in cases of temporary hardships or burdens.

1. The classification plan contains standard positions organized according to functional areas and salary classes. It is part of this regulation (Appendix 1).

2. The executive council outlines the individual standard positions.

3. It adapts these descriptions to changing conditions, particularly in the event of changes to professional or functional profiles. It ensures gender equality.

1. The allocation of positions to salary grades is carried out according to the principles of job evaluation.

2. The reclassification of a position to a higher or lower level requires either a different function or a significant change in duties and requirements.

1. There are 27 salary classes.

2. The salary scales for each class are determined in the salary table. It is an integral part of this regulation (Annex 2).

3. The government council regulates the individual positive or negative salary development within the salary framework.

4. It periodically reviews the state salary structure for its market conformity and submits a proposal to the Grand Council for adjustment of the salary curve.

1. The appointing or hiring authority shall determine the initial salary, taking into account the education, professional experience, life experience, and special skills of the position holder, as well as based on an internal administrative comparison. Additionally, industry standards and market conditions must be considered.

2. In justified cases, it may set a salary below the minimum of the designated salary grade for the duration of the training period.

1. The Government Council shall usually determine the basic remuneration pursuant to § 6 of this regulation annually on January 1. The primary focus is on maintaining purchasing power.

2. The determination is made within the framework of the budget. The following criteria are particularly decisive

1. Development of the cost of living

2. Financial situation of the canton

3. General economic situation

4. Competitiveness of the canton in the labor market

5. General wage development in public administrations and the private sector

1. The Executive Council requests approval from the Grand Council as part of the budget estimate for the proposed percentage of the total salary sum for individual salary adjustments. The determining factors are, in particular

1. general wage development in public administrations and the private sector

2. the competitiveness of the canton in the labor market

3. the financial situation of the canton

2. For individual salary adjustments, the Executive Council has up to 1% of the total salary sum available annually. The Grand Council decides on a possibly higher percentage within the framework of the budget estimate before the end of November.

3. The Executive Council issues annual guidelines outlining the ranges for individual, performance-based salary adjustments in accordance with the financial provisions.

4. Before making its decisions, the Executive Council consults the umbrella association of staff associations and the staff commission.

1. Within the framework established by the directives issued by the Government Council, the heads of offices and institutions, respectively the departments, are responsible for determining the individual salary adjustments for the employees directly subordinate to them.

2. The basis for salary adjustment is the annual employee evaluation. Additionally, previous salary development and the salary level must be taken into consideration.

3. Salary increases require satisfactory performance.

4. In the case of inadequate performance, salary reductions of up to 5% of the current salary per year are to be expected.

1. The Government Council establishes an assessment commission composed of equal representation from employee and employer representatives for disputes regarding salary adjustments.

2. This commission reviews the decision-making basis upon request following an internal hearing procedure and submits a recommendation to the supervising department.

3. The department makes the final decision.

1. Extraordinary performances by teams or individuals can be rewarded with performance bonuses. These are not incorporated into the basic salary.

1. The Executive Council may, in exceptional cases, grant a salary supplement of up to 15% of the maximum of the relevant salary class to attract or retain particularly qualified employees.

2. The Budget Commission of the Grand Council must be informed about the granting of such a supplement.

1. For social reasons, the governing council may provide special regulations for employees who are no longer able to meet the demands of their position, deviating from the standard remuneration system.

1. Upon completion of the 10th year of service and every five subsequent years of service, employees receive a length-of-service gift. This corresponds to the payment of half a month's basic salary, and for the 25th year of service, a full month's basic salary.

2. The length-of-service gift can be taken in full or in part as paid leave, but can be paid out up to only half.

3. The government council may offer other equivalent forms of recognition for long service as options.

1. Employees are entitled to child and education allowances. These are governed by the Law on Child and Education Allowances.

1. Employees entitled to a child or education allowance shall receive a family allowance of CHF 225 per month.

2. The government council shall regulate the details.

1. In the event of incapacity for work due to illness or accident, there is a claim for benefits in terms of time. For twelve months, benefits amounting to 100% of the previous salary shall be provided, followed by twelve months at 80% of the previous salary.

2. Officials elected by the people or the Grand Council who are unable to stand for re-election due to illness or accident are entitled to these benefits, regardless of the term of office.

3. The Government Council shall specifically regulate

1. Eligibility requirements for benefits

2. Reduction or cessation of benefits in the case of intentional or grossly negligent causation of illness or accident

3. Entitlement to benefits upon regaining work capability

4. Special regulations for occupational illness and accident, as well as to prevent hardship cases

5. Entitlement to benefits for employees with irregular employment levels who are unable to work due to illness or accident

1. Insofar as the remuneration is covered by other providers, particularly by social insurance carriers, it shall be credited against the benefits according to § 20 of this regulation.

2. Insurance benefits or financial claims against other providers are transferred to the canton to the extent of payments made during the period of incapacity for work in accordance with § 20 of this regulation. The canton may demand that these be paid directly to it.

3. If a third party is liable to the employee for damages due to illness or accident, the compensation claims of the injured party are transferred to the canton, to the extent that the canton provides benefits.

1. Employees who are entitled to maternity compensation in accordance with Article 16b of the Earnings Compensation Act (EOG) are entitled to 16 weeks of paid leave. During the leave, there is an entitlement to full salary based on the employment degree prior to childbirth.

2. The leave generally begins two weeks before the medically determined due date.

3. ...

4. The Executive Council specifically regulates

1. the entitlement to continued salary payment in cases of pregnancy-related incapacity to work before the leave begins

2. the commencement of leave in special cases, particularly in the event of childbirth before or after the calculated due date

3. the consequences of premature termination of pregnancy and maternity leave

4. the offsetting of social security benefits

1. Employees entitled to paternity compensation pursuant to Art. 16i of the EOG are entitled to two weeks of paid leave. During the leave, there is an entitlement to full salary according to the employment level at the time of the child's birth.

2. Paternity leave must be taken within six months from the birth of the child. It can be taken on a weekly or daily basis.

3. The Government Council regulates in particular

1. the entitlement to the regranting of leave in the case of illness or accident

2. further modalities of use as well as the consequences of incomplete use of leave until departure

1. Employees who, as parents, are entitled under Art. 16n EOG to care for a minor child who is severely health-impaired due to illness or accident have the right to a caregiving leave of a maximum of 14 weeks. During the leave, there is an entitlement to full salary in accordance with the employment rate prior to the commencement of the compensation claim.

2. The caregiving leave must be taken within a frame period of 18 months. The frame period begins with the first day of leave taken. The leave can be taken all at once or on a day-by-day basis.

3. If both parents are employed, each parent is entitled to at most half of the leave. They can choose a different allocation.

4. The government council particularly regulates

1. the entitlement to extension in case of illness or accident

2. further modalities of entitlement consumption

1. Employees are entitled to full remuneration during compulsory military service. The Executive Council may make special regulations in cases where the duration of absence becomes disproportionate in comparison to the duration of employment.

2. Civil defense service, civilian service, and women's military service are equivalent to military service.

3. In equivalent assignments in the service of the public, particularly in rescue services, the provisions can be applied accordingly.

1. An official elected by the people or the Grand Council, who is not re-elected for reasons beyond their control, shall receive their previous salary for a maximum of three months after the end of their term of office, provided that the retirement age according to the Federal Act on Old-Age and Survivors Insurance has not yet been reached.

2. Replacement income from employment or social security shall be offset against the salary.

1. Upon the death of an employee, the salary will continue to be paid to the dependents responsible for the provision of the deceased person until the end of the third month following the month of death.

1. The canton establishes an Employee Assistance Fund.

2. Financial assistance can be granted from the fund in cases of social hardship, extraordinary circumstances, as legal aid, or to cover significant material damages that arise for employees from their professional activities.

3. The government council shall regulate the details.

1. One thirteenth of the annual salary (excluding social allowances) is paid monthly, and one thirteenth is paid at the end of November as the 13th month's salary. The Executive Council regulates the exceptions.

2. If the employment relationship begins or ends during the calendar year, the 13th month's salary is adjusted in proportion to the duration of service within the calendar year.

1. Employee contributions to legally mandated pension schemes and other social security contributions are deducted from the salary.

2. Claims by the canton arising from the employment relationship may be offset against the salary.

1. Fees and Compensation from Official Duties as well as Salary Contributions from the Confederation or Third Parties are Allocated to the State Treasury. The Government Council Regulates the Exceptions.

1. Before issuing implementing regulations that concern the courts, the Government Council shall consult the Higher Court or the Administrative Court, as applicable.

2. The cantonal courts shall establish the employment conditions for their staff within the framework of this ordinance in agreement with the competent department. The authority of the Government Council according to this ordinance remains reserved.

1. The Personnel Office ensures the implementation of this regulation in accordance with the instructions of the Government Council and on a uniform basis.

2. The Government Council appoints a Personnel Commission and defines its duties and powers.

3. The umbrella organization of the personnel associations serves as the link between the personnel associations and the Government Council and, as such, is a permanent negotiation partner. It is informed in advance of fundamental personnel matters and invited to provide feedback before changes are made to personnel-related regulations.

4. Personnel associations not affiliated with the umbrella organization, which have their own legal personality and statutes and represent significant parts of the affected personnel, are invited to provide feedback before changes to personnel-related regulations that substantially affect their members are implemented.

1. The following receive a basic salary as a percentage of the maximum of the highest salary class

1. The members of the Government Council 130%

2. The Secretary of State 110%

2. The President of the Government Council receives an allowance of 5% of the basic salary.

3. Members of the Government Council may only belong to administrative bodies of economic or non-profit enterprises and organizations if such representation is in the interest of the canton. The accountability report must specify the administrative bodies to which the members of the Government Council belong. The income from such mandates shall accrue to the state treasury.

1. The following receive a basic salary expressed as a percentage of the maximum salary of the highest pay grade

1. The President of the Supreme Court 115%

2. The Vice Presidents of the Supreme Court 110%

3. The other Members of the Supreme Court 105%

4. ...

5. The President of the Administrative Court 115%

6. The Vice President of the Administrative Court 110%

7. The other Members of the Administrative Court 105%

1. The functions of the central judicial authorities, insofar as they do not pertain to magisterial functions, the appeal commissions, the district courts, the child and adult protection authorities, as well as the justice of the peace and debt collection offices, are assigned to a directive position or a chain of directive positions.

2. The government council regulates the salaries of the officeholders according to their responsibilities, taking into account the workload or based on fixed hourly rates. For the district courts, the child and adult protection authorities, the compulsory measures court, as well as the justice of the peace and debt collection offices, the supreme court submits a proposal, and for the appeal commissions, the administrative court.

1. The Executive Council regulates the initial salary, taking into account education, professional and life experience, as well as special skills.

2. Salary adjustments are based on experience. The extent is determined with consideration of the annual guidelines of the Executive Council for other state personnel.

3. Positions with experience-based salary adjustments may not exceed 145% of the applicable class minimum.

4. ...

1. The Government Council regulates the entitlement to additional personnel, taking into account the workload.

2. The additional personnel of the courts and the appeals commissions is employed by the head officer.

3. The additional personnel is employed and remunerated according to the regulations applicable to other state personnel.

4. The starting salaries for the additional personnel of the district courts, the child and adult protection authorities, and the compulsory measures court are determined with the approval of the competent department.

1. Members of the Council of States receive the same compensation as members of the National Council.

1. The Executive Council regulates the transition of the previous salary to the salary system of this ordinance.

2. It may grant vested rights.

1. In connection with the transition from cost of living adjustment to general salary adjustment pursuant to § 10a of this regulation, the basic salary will be increased by 0.5% to proportionately offset the arrears in cost of living adjustment, and the amounts for the salary classes will be increased by 1%, effective January 1, 2004.

2. Individuals employed as inspectors will be reclassified as subject matter experts in the functional area of education as of January 1, 2004. The previous basic salary will be maintained as a vested right as of January 1, 2004. Future salary adjustments will be governed by the principles of this regulation.

3. For female employees who commence maternity leave prior to July 1, 2005, the entitlement throughout the duration of the leave will be governed by previous law.

4. For the presidents, vice-presidents, members, and alternate members of the district courts, the compulsory measures court, and the appeal committees, as well as the alternate members of the superior court and the administrative court, and the presidents of the child and adult protection authorities, who were compensated based on 145% of the minimum of the relevant salary class before the entry into force of this regulation, the previous remuneration is guaranteed as a vested right as of January 1, 2013. In the event of a change in function within the same authority involving a promotion to a higher salary class, the previous remuneration will serve as the basis for further salary adjustment, provided it is higher than the initial salary set by the government council for the new function. Salary adjustments in the new function will be experience-based.