**Art. 1 LORD Law on the Organization of State Employees and Teachers (LORD)** (LORD)

1 This law governs employment relationships with employees and applies to

a) officials, employees, police officers and workers in the service of the State, its enterprises and its institutions (hereinafter referred to as "employees");

b) directors and deputy directors of cantonal schools and teachers of cantonal and municipal schools (hereinafter referred to as "teachers").

2 The professional designations used in this law are to be understood in both masculine and feminine forms.

3 Where municipalities are associated for the establishment of their schools, the competences entrusted to the Municipal Councils by this law shall apply by analogy to the Consortium Delegation, and the provisions referring to municipal teachers shall apply by analogy to consortium teachers. [1]

[1] Para. amended by Law of 22.9.2020; in force since 1.8.2020 - BU 2020, 348.

[3] The Cantonal Administration, based on the Constitution and the law

a) implements the decisions of the Council of State and applies the directives of the Department Directors;

b) provides support, assistance, and technical advice to the Council of State and the Department Directors for the adoption of political decisions;

c) provides quality and efficient services and benefits to citizens, private entities and associations, and other public bodies.

[3] Art. introduced by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[5] 1 The State promotes the quality, effectiveness, and efficiency of its services; for this purpose, it shall

a) implement a personnel policy based on the achievement of collective and individual objectives;

b) evaluate the performance of its services and periodically monitor the collective and individual objectives it has set for them;

c) foster the professional development of public office holders;

d) make public service attractive so as to stimulate lasting collaboration from qualified personnel;

e) operationalize the system of indicators related to employee workload;

f) conduct periodic surveys on the work climate and user satisfaction;

g) encourage, where possible, part-time employment.

2 The Government shall establish annual management objectives to be specified within individual departments through a system of indicators that allows for their evaluation. [6]

[5] Art. introduced by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[6] Para. modified by Law of 23.1.2017; in force since 1.1.2018 - BU 2017, 89.

[7] 1 The personnel policy, defined and implemented by the Council of State, is subject to the respect of institutional duties and the financial resources of the State. The State employs its personnel in an adequate, economical, and socially responsible manner, and pursues the goal of bringing the Administration closer to the citizen.

2 In particular, it aims to

a) make employment within the Administration attractive;

b) consider the needs of collaborators, while promoting their professional development, motivation, involvement, mobility, and versatility;

c) foster the development of managerial skills of executive officials;

d) guarantee adequate remuneration for all employees;

e) ensure equal opportunities for women and men;

f) guarantee equal opportunities for disabled persons, their employment and integration;

g) guarantee the protection of personality and health as well as the safety of personnel in the workplace;

h) ensure the promotion of an environmentally respectful attitude in the workplace;

i) create the conditions for the establishment of traineeships and training positions;

l) ensure adequate information for personnel.

3 The employer promotes management by objectives and applies a periodic evaluation system for personnel.

[7] Article introduced by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[8] 1 The Council of State shall inform staff and their organizations regarding personnel policy.

2 It shall consult staff, through their organizations

a) before making amendments to laws and regulations that define the working conditions of staff;

b) before creating or modifying systems for processing data concerning staff;

c) on matters related to occupational safety and measures concerning occupational hygiene;

d) on matters related to staff training.

3 Staff organizations and individual employees may take a position and submit proposals on professional matters or matters concerning the Cantonal Administration in general.

[8] Art. introduced by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[9] 1 The staffing requirements for appointed or commissioned personnel of the Cantonal Administration are determined by the Council of State within the framework of the authorized staff plan (PPA).

2 The staffing requirements for appointed or commissioned personnel of the Court of Appeal, the Public Prosecutor's Office, and other permanent Magistracies are determined by these judicial authorities in agreement with the Council of State.

2bis The staffing requirements for appointed or commissioned personnel by the Grand Council Services are determined by the Presidential Office of the Grand Council in agreement with the Council of State.

3 The staffing requirements for auxiliary personnel are determined annually by the Council of State; those for the Court of Appeal, the Public Prosecutor's Office, and other permanent Magistracies, by these judicial authorities in agreement with the Council of State; those for the Grand Council Services, by the Presidential Office of the Grand Council in agreement with the Council of State.

[9] Art. amended by L 24.2.2015; in force since 17.4.2015 - BU 2015, 127; previous amendment: BU 2013, 317.

1 The appointment and assignment of duties falls within the competence of

a) the Council of State for employees of the cantonal administration, for teachers of cantonal schools and for teachers of cantonal competence active in municipal schools (pedagogical support teachers, teachers of differentiated school units, language and integration teachers, delegated support teachers); [11]

b) the Municipality for municipal teachers; [12]

c) the Court of Appeal, the Public Prosecutor's Office and other permanent Judiciaries for their own employees; [13]

d) the Grand Council, upon proposal of the Presiding Office, for the Secretary General of the Grand Council; [14]

e) the Presiding Office of the Grand Council for other employees of the Services of the Grand Council. [15]

2 The assignment of auxiliary staff and substitutes falls within the competence of the authorities referred to in letters a), b), c) and e).

[11] Letter amended by L 22.9.2020; in force since 1.8.2020 - BU 2020, 348; previous amendment: BU 2015, 127.

[12] Letter amended by L 22.9.2020; in force since 1.8.2020 - BU 2020, 348; previous amendment: BU 2012, 297.

[13] Letter amended by L 17.4.2012; in force since 1.8.2013 - BU 2012, 297, BU 2013, 317 and BU 2019, 55.

[14] Letter amended by L 24.2.2015; in force since 17.4.2015 - BU 2015, 127.

[15] Letter amended by L 24.2.2015; in force since 17.4.2015 - BU 2015, 127.

1 Persons appointed must be entitled to exercise their civil rights. [16]

2 In the opinion of the Council of State, appointment may be made conditional upon effective domicile in Switzerland or in the Canton.

3 The Council of State designates the functions connected with the exercise of public authority and intended to safeguard the general interests of the State or of other public entities that may only be held by persons of Swiss nationality. [17]

4 Each employee is assigned a service location, if provided for by the function.

[16] Para. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[17] Para. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

For municipal schools, the engagement and appointment of teachers of foreign nationality or teachers holding teaching qualifications issued by other Cantons or foreign institutions are subject to authorization by the Council of State.

[18] The Council of State strives to ensure equal opportunities for employees and candidates with disabilities or social disadvantages.

[18] Art. amended by L 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

[19] 1 The State Council promotes the employment of persons with disabilities or social problems, favoring their reintegration, compatible with service requirements.

2 It takes the necessary measures to adapt the professional environment to the needs of its employees with disabilities or social problems, particularly with regard to the arrangement of workplaces, equipment, working hours, and opportunities for professional development.

[19] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297; previous amendment: BU 2002, 195.

[20] If there are well-founded reasons to suspect that their application was rejected due to their disability, the disabled or socially disadvantaged candidate may demand that the appointing authority explain the reasons for such decision to them in writing.

[20] Art. introduced by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[21] 1 The Council of State promotes internal mobility, taking into account the needs of the staff and the requirements of the service.

2 The Central Human Resources Services organize and coordinate internal mobility and external professional activity, as provided for in Art. 55 of this Law, after consulting with the executive officers or the competent bodies.

3 For employees, exchanges may be authorized by the appointing authority when there is an agreement between the employees and their respective executive officers. For municipal teachers, exchanges are possible by agreement between the teachers and their respective appointing authorities.

4 …

5 …

[21] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297; previous amendment: BU 2002, 195.

The appointment is the administrative act by which an employee is hired on a permanent basis and assigned to a function.

[22] 1 Appointment is subject to the educational qualifications and the age, fitness and preparation requirements stipulated in the individual job description and published in the call for applications.

2 In the presence of candidates with equivalent fitness requirements, knowledge of the national languages, of the territory, culture, and institutions of the Canton and the Confederation is evaluated as a preferential qualification for appointment, particularly for teaching staff.

3 Service performed under the employ of the State or other public or private administrations may, at the discretion of the appointing authority, compensate for the lack of an educational qualification or other requirements.

4 Appointment may be subject to the outcome of a preventive medical examination by a physician trusted by the appointing authority, certifying the candidate's psychophysical fitness to perform the function for which they are applying.

[22] Art. amended by L 7.11.2011; in force since 1.1.2012 - BU 2012, 1.

[23] The State may contribute to the payment of any ransom sums up to a maximum of 50%, if the appointment is clearly in its interest. Payment to the Social Security Institute of Canton Ticino is made in a single lump sum upon assumption of office.

[23] Art. amended by Law of 6.11.2012; in force since 1.1.2013 - BU 2012, 637; previous amendment: BU 2012, 297.

[24] 1 Appointment shall be on a full-time or part-time basis. [25]

2 The Canton shall promote part-time employment, with equal rights for those working under this arrangement and those working full-time (salary scale, allowances, bonuses, recognition of overtime, promotions, professional development). Appointment on a part-time basis, if requested, must be granted when service requirements permit; under the same conditions, the appointing authority may grant reductions in working hours to employees already in service.

3 … [26]

4 Job sharing, as a special employment contract whereby two employees undertake to fulfil a single and identical work obligation, may be permitted.

5 A cantonal teacher already appointed may be granted a reduction in the degree of occupation to less than half of full-time hours, retaining their appointment status to the corresponding reduced extent, provided that for each new school year they may be asked to choose between resuming half-time or losing their appointment.

6 In the event of partial retirement, the employee shall retain their appointment for the residual degree of occupation.

[24] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[25] Para. amended by L 15.9.2025; in force since 15.12.2025 (for teachers since 1.8.2026) - BU 2025, 328.

[26] Para. repealed by L 13.12.2017; in force since 1.3.2018 - BU 2018, 69.

1. In cantonal schools, appointments are made by degree and school level.

2. A teacher may also be appointed when the conditions are met by combining degrees of employment, durably secured, across different degrees and school levels.

3. For the transition from an assignment to an appointment for cantonal teachers, a ranking list is drawn up based on the criteria established by the regulations.

4. By agreement between the Municipalities, a teacher who reaches half of the full working hours may be appointed only by combining indefinite-term assignments under the employ of multiple municipalities.

[27] 1 Appointments shall be made on the basis of a competitive examination published in the Cantonal Official Gazette for a minimum duration of 15 days.

2 In urgent cases, the duration of the competitive examination may be reduced to a minimum of 8 days from publication.

3 To promote internal mobility, the appointing authority may waive the publication of the competitive examination; in such a case, it must announce an internal competitive examination open solely to its employees, including apprentices who have completed their training within the Cantonal Administration no more than two years prior. [28]

4 In exceptional cases, the appointing authority may waive the publication of the competitive examination and proceed directly to hiring, but must inform the Management and Finance Committee of the Grand Council once a year; in the case of direct hiring of communal teachers, the appointing authority must inform the respective consortial and communal Legislatures.

[27] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[28] Para. amended by L 15.9.2025; in force since 15.12.2025 - BU 2025, 328.

1 Candidates shall submit their applications, unless otherwise specified, in electronic form, complete with the documents indicated in the call for applications. [29]

2 … [30]

3 Eligibility requirements, psycho-physical aptitude, or level of preparation may be assessed, at the discretion of the appointing authority, by means of an examination.

4 Competitions for municipal teachers shall be coordinated by the cantonal authority.

[29] Para. amended by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 337.

[30] Para. repealed by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 337.

1 The notice of intent to hire for the appointing authority is formulated

a) for teachers in municipal schools by the directors based on a ranking list prepared by the school inspectorate; [31]

b) for teachers in cantonal schools by the directors based on a ranking list prepared by the competent Department; [32]

c) for employees by the Directors of the interested Departments, after consulting their respective executive officials and the central human resources departments. [33]

2 If the power to confer the appointment has been delegated to the Department of Institutions pursuant to Article 17a of this Law, the notice of intent to hire is formulated by the Court of Appeal, the Public Prosecutor's Office, and the other permanent Magistracies; in this case, it is in principle binding with regard to the chosen person. [34]

[31] Subparagraph amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 250; previous amendment: BU 2013, 357.

[32] Subparagraph amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 250; previous amendment: BU 2012, 1.

[33] Subparagraph amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[34] Paragraph reintroduced by Law of 7.5.2013; in force since 1.8.2013 - BU 2013, 317; previous amendment: BU 2012, 297.

[35] 1 An "incarico" (assignment) is the administrative act by which an employee is hired for a fixed term.

2 The assignment is conferred according to the conditions and procedure established for a "nomina" (appointment). The call for applications specifies its duration.

3 The assignment may be renewed.

4 The total duration of the assignment cannot exceed 3 years; cases referred to in Article 16 remain reserved.

[35] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[36] 1 For employees, the appointment is conferred in lieu of nomination

a) when the hiring is tied to the effective duration of a project;

b) when, in the absence of suitable candidates, it is necessary to resort to candidates lacking the requirements for nomination;

c) in the case of personnel in training, including apprentices.

2 For teachers, the appointment is conferred in lieu of nomination

a) when the incumbent has obtained leave or is engaged in other assignments;

b) when the hiring is tied to the effective duration of a project;

c) when a position becomes vacant during the school year for at least six months;

d) when, in the absence of suitable candidates, it is necessary to resort to candidates lacking the requirements for nomination;

e) in the case of personnel in training;

f) when the evaluation is not yet sufficient to consolidate the nomination.

III. Procedure

[36] Art. amended by Law of 15.9.2025; in force from 15.12.2025 (para. 2 for teachers from 1.8.2026) - BU 2025, 328; previous amendment: BU 2012, 297.

[37] In the cases referred to in Article 16 paragraph 2 letters a) and b), specifically for teachers appointed annually, the competitive tendering procedure may be waived for renewing the appointment of employees who have performed satisfactorily and who confirm their availability within an assigned deadline.

[37] Article amended by Law of 15.9.2025; in force from 15.12.2025 (for teachers from 1.8.2026) - BU 2025, 328; previous amendment: BU 2012, 297.

[38] 1 For the exercise of the powers pertaining to the appointing authority, the Court of Appeal, the Public Prosecution Office and the other permanent Judicial Authorities may avail themselves of the collaboration of the Department of Institutions or also delegate their powers in specific sectors to that Department; these delegated powers are defined by the Council of State, upon proposal of the Court of Appeal, the Public Prosecution Office and the other permanent Judicial Authorities, by means of a specific regulation.

2 The judicial authorities must adhere to the regulations and directives on personnel management issued by the Council of State; the Council of the Judiciary supervises the observance of this obligation.

[38] Art. introduced by Law of 7.5.2013; in force since 1.8.2013 - BU 2013, 317.

1 The first six months of service are considered probationary. For teaching staff, the probationary period is one school year. [40]

1bis For personnel in training, including those in apprenticeships, the training period is not considered a probationary period. The first six months, starting from the entry into service at the end of the training of personnel referred to in Art. 16 letter g), are considered probationary. [41]

2 If the probation is unsatisfactory, the appointing authority may at any time dismiss the interested party with one month's notice; the dismissal must be justified.

3 A similar right of dismissal is granted to the interested party.

4 In doubtful cases, the appointing authority has the power to extend the probationary period up to a maximum of one year. [42]

[40] Para. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[41] Para. introduced by Law of 11.3.2014; in force since 1.1.2014 - BU 2014, 219.

[42] Para. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[43] 1 If service requirements demand it, the appointing authority may transfer employees from one service location to another, within the same function, or from one function to another suitable function at the same service location or at another location.

2 If the employee is transferred to the sector of another appointing authority, the authority previously competent decides on the transfer in agreement with the new appointing authority, after consulting, where they exist, the human resources departments.

3 The employee must be heard.

4 The transfer decision must be reasoned and communicated promptly to the interested party.

5 The needs of the transferred employee, as far as possible, must be taken into consideration.

[43] Art. introduced by Law 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

[44] The employment relationship of personal assistants to State Councillors is tied to their electoral mandate and is governed by a specific regulation.

[44] Art. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 Trainees, substitutes, temporary staff and similar personnel are hired as auxiliary staff. [45]

2 The employment relationship of auxiliary staff is governed by private law (Art. 319 et seq. CO) and is regulated by a specific set of regulations.

[45] Para. amended by Law of 7.5.2013; in force since 1.8.2013 - BU 2013, 317.

[47] 1 The performance and development potential of the employee must be assessed annually by their direct superior.

2 The Council of State shall regulate the details thereof by means of a specific ordinance.

3 In principle, if an employee receives an insufficient assessment for the second consecutive year, the Appointing Authority shall verify the possibility of offering a simpler role or, in the absence of alternatives, initiate the termination procedure.

[47] Art. amended by L 23.1.2017; in force from 1.1.2018 - BU 2017, 89.

1 Employees act in conformity with the laws and the interests of the State, personally performing their service and dedicating their entire working activity to it; during working hours, they cannot engage in activities unrelated to their function. [49]

2 They conscientiously carry out the tasks assigned to them, contributing with a spirit of initiative and collaboration to improving the quality and efficiency of service to the community.

3 They are required to participate in training and refresher courses designated as mandatory by the Council of State and are available for professional development and retraining.

4 Employees assist and substitute for one another in their service.

[49] Par. amended by Law 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1. Employees must show themselves worthy of the esteem and trust required by their public function and maintain a correct and dignified conduct both in the performance of the function itself and in their private life.

2. They shall behave with tact and courtesy in their relations with the public, and towards superiors and colleagues.

1. **Leading officials organize, direct, coordinate, and supervise the work of their collaborators.**

2. **They contribute to promoting and implementing all measures aimed at improving the efficiency and quality of their service's performance, ensuring its proper functioning.**

Teachers are forbidden from resorting to means of correction detrimental to the health and dignity of the student; in any case, corporal punishment is forbidden.

[50] 1 For the exercise of a remunerated secondary occupation, even if temporary, prior authorization from the appointing authority is required.

2 The employee may not engage in a remunerated or non-remunerated secondary occupation that is incompatible with their function or that prejudices it, that compromises the fulfillment of service duties, or that constitutes professional competition.

3 The appointing authority may make the granting of authorization conditional on a temporary reduction in the degree of employment.

[50] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[51] **1 To exercise a public office, the employee must obtain permission from the appointing authority.**

**2 Permission must be denied when significant limitations in the exercise of the function arise from the public office; the appointing authority may make permission conditional on a transfer to another function or a temporary reduction in the degree of employment.**

**3 …**

**4 Cases of incompatibility established by law remain reserved.**

[51] Art. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1. Employees are forbidden from requesting, accepting, or having promised to them, for themselves or for others, gifts or other profits, in exchange for acts pertaining to their official duties and competencies.

2. A violation of service duties also occurs when a third party, complicit with the employee, requests, accepts, or has promised to them gifts or profits.

1. Employees are prohibited from disclosing official matters that must remain secret due to their nature, the circumstances, or special instructions.

2. This obligation also subsists after the termination of the employment relationship.

[52] 1 After the termination of their employment, persons who undertake private dependent or independent activities may not assume representation mandates in connection with cases they previously handled as state employees.

2 In such cases, the competent authority invites the interested parties to designate another representative.

[52] Art. introduced by the L of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 Without the permission of the appointing authority, it is not permissible for the employee to remove office documents or to depose in court as a party, witness, or expert witness concerning disputes known to them by virtue of their position or functions.

2 Permission is also required after the termination of the employment relationship.

3 Authorization may be refused only if a paramount public interest so requires.

1 All rights to works, inventions, and other intangible assets, within the meaning of federal intellectual property legislation, created in the exercise of one's function or in connection therewith, belong to the State

a) when they are the product of the employee's activity or service obligations;

b) when they constitute the result of official experiments;

c) when, in the case of mandates or ancillary activities, the authority has reserved ownership thereof.

2 In cases where the intangible asset has significant economic importance or belongs to the State according to paragraph 1 letter c), the employee is entitled to fair compensation.

3 In determining the compensation, consideration must be given to whether other persons in the service of the State have cooperated and whether State facilities or operating materials have been used.

[53] **1** The employee is obliged to report to the criminal prosecution authorities, their superiors, or the appointing authority any crimes and offenses prosecutable *ex officio* that they observe or that are reported to them in the exercise of their function; in the case of a report to their superior or the appointing authority, the reporting obligation falls upon them; reporting obligations provided for by other laws remain reserved.

**2** The employee has the right to report other irregularities observed or reported to them in the exercise of their function.

**3** The report must be addressed to the appointing authority or the service designated by it; with regard to employees of judicial authorities or in which magistrates are active, the report must be addressed to the Judicial Council.

**4** The report must be treated confidentially.

**5** An employee who, in good faith, has filed a report, reported an irregularity, or testified as a witness may not be penalized professionally for that reason.

**6** The Grand Council receives an annual report from the various appointing authorities on the reports and notifications received under paragraphs 1 and 3.

[53] Art. amended by L 13.12.2021; in force from 1.3.2022 - BU 2022, 48 and 49; previous amendments: BU 2010, 253; BU 2018, 69 and 337.

[55] 1 Breaches of service duties are punishable with the following disciplinary sanctions

a) a warning;

b) a fine up to CHF 3,000;

c) a reduction of salary by a maximum of 10% for a maximum of one year;

d) suspension from employment with total or partial deprivation of salary for up to 8 months.

2 …

3 … [56]

4 The provisions contained in the Law on the Organisation of the Judiciary, in other laws and in special regulations remain reserved.

[55] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[56] Para. repealed by L 7.5.2013; in force since 1.8.2013 - BU 2013, 317.

In determining disciplinary measures, consideration shall be given to the fault, motives, previous conduct, rank and responsibility of the employee, as well as the extent and importance of the service interests injured or compromised.

[57] 1 The appointing authority is competent to impose disciplinary sanctions on employees and teachers appointed or commissioned by it.

2 It may delegate this competence to subordinate bodies, limited to the sanctions referred to in letters a) and b) of Article 32, paragraph 1.

3 The competence to impose disciplinary sanctions on municipal teachers lies with the Municipalities. The Council of State may assume this competence, provided it gives timely notice to the Municipality.

4…

[57] Art. modified by L 22.9.2020; in force since 1.8.2020 - BU 2020, 348; previous modifications: BU 2012, 297; BU 2015, 241.

… [58]

[58] Art. repealed by L 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

1 No disciplinary sanction may be imposed without a preliminary inquiry.

2 The employee must be informed of the facts alleged against them as well as the results of the inquiry, and they are granted a period to formulate their observations. [59]

3 All sanctions must be communicated to them in writing and be reasoned, with an indication of the means and deadlines for appeal.

4 The disciplinary inquiry may be combined with the assessment for the purpose of action against the employee pursuant to Articles 13-28 of the Law on the Civil Liability of Public Bodies and Public Agents of 24 October 1988.

5 The employee may be assisted by a representative. [60]

[59] Para. amended by Law 15.9.2025; in force from 15.12.2025 - OG 2025, 328.

[60] Para. introduced by Law 15.9.2025; in force from 15.12.2025 - OG 2025, 328.

[61] 1 Disciplinary investigations are conducted by the authority competent to impose sanctions.

2 Such competence may be delegated to subordinate bodies.

3 For employees of the Court of Appeal, the Public Prosecutor's Office, and other permanent judicial authorities, disciplinary investigations may be entrusted to the Department of Institutions.

[61] Art. amended by L 7.5.2013; in force since 1.8.2013 - BU 2013, 317.

[62] 1 If the interests of the Administration or the inquiry so demand, the appointing authority has the power to suspend a civil servant, against whom a disciplinary inquiry has been initiated, from their office even immediately or to provisionally transfer them to another function.

2 The decision of provisional suspension, duly reasoned and indicating the means and deadlines for appeal, shall be immediately notified to the person concerned. The appeal shall not have suspensive effect.

3 The Municipalities, after consulting the School Inspectorate, decide on the suspension of municipal teachers. The Council of State may assume this competence, providing timely notice thereof to the Municipality. [63]

[62] Article amended by Law of 25.3.2015; in force from 22.5.2015 – BU 2015, 241; previous amendment: BU 2012, 297.

[63] Paragraph amended by Law of 22.9.2020; in force from 1.8.2020 - BU 2020, 348.

1 The power to impose disciplinary sanctions lapses after five years from the date of the transgression; in the event of criminal proceedings concerning the same facts, this period is automatically extended until one year after the final and non-appealable judgment in the criminal case.

2 The disciplinary decision must be rendered and communicated to the interested party within three months of the closure of the investigation. [64]

3 If the conditions for a disciplinary sanction are not met, the formally opened proceedings must be closed with a decision to discontinue.

[64] Para. amended by Law of 15.9.2025; in force since 15.12.2025 - FO 2025, 328.

[65] The public prosecutor shall notify the appointing authority, as soon as possible but at the latest within three months of the opening of the investigation, of the existence of criminal proceedings against an employee, with the exception of cases without relevance for the function.

[65] Art. amended by Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 364.

[67] Employees receive, for the activity performed, the salary, supplements, and allowances provided for by the salary law and regulations.

[67] Art. introduced by Law 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 Employees are entitled to the following annual leave

a) 4 weeks from 20 years of age completed and up to 49 years of age completed;

b) 5 weeks up to 20 years of age completed and from the year in which they reach 50 years of age;

c) 6 weeks from the year in which they reach 60 years of age.

2 Notwithstanding the provisions of paragraph 1, the State Council has the power to determine, by specific regulation, the leave of employees who perform particular types of activities.

1. When official holidays and designated half-days off as per Art. 73 para. 1 fall within a vacation period, the employee is permitted to compensate for them with vacation days, provided they do not coincide with free Saturdays or Sundays.

2. An employee who commences service during the civil year, or who temporarily interrupts service due to an unpaid leave of absence or other similar circumstance, is entitled to vacation pro rata to the duration of the service rendered.

3. The right to vacation expires on August 31st of the following year.

4. … [69]

[69] Para. abrogated by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 When absences due to compulsory military service, compulsory Swiss civil defence, Swiss substitute civil service, illness, or accident without fault of the employee exceed two months in the course of the calendar year, the holiday period shall be reduced proportionally to such excess, while maintaining the right to half of the foreseen holiday days, if the employee has worked for at least three months. [70]

2 The right to holidays shall not be reduced for absences due to paid maternity leave.

[70] Para. amended by Law of 5.12.2000; in force since 9.2.2001 - BO 2001, 31.

1 Teachers' holidays shall be taken during the period of school closure according to the school calendar.

2 During the closure of the institutes, teachers may be required to be present on-site or elsewhere, two weeks before the start of the school year and two weeks after its end, for meetings, work organization, exams, other institute needs, professional development, and professional activities.

3 ... [71]

[71] Paragraph repealed by Law 17.3.2009; in force since 12.5.2009 - Official Bulletin 2009, 203; previous amendment: Official Bulletin 2002, 104.

[72] Pregnant women may only be employed during normal working hours and may take leave by simple notification.

[72] Art. amended by Law 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

[73] 1 Employees may benefit from the following paid leaves

a) for trade union matters as well as for trade union training, up to a maximum of 12 working days per year; within the limits defined by the regulations, the cumulation of leave days for a determined number of committee members is permitted;

b) for public affairs, up to a maximum of 12 working days per year;

c) for social volunteering, for volunteering carried out in colonies, and for youth leave pursuant to Art. 329e CO, up to a maximum of 8 working days per year;

d) for elite sports activity, as well as for attending Youth and Sport courses, 8 working days per year;

e) for marriage, 8 consecutive working days; [74]

f) for serious illness of the spouse, registered partner, cohabiting partner, children, mother, and father, upon presentation of a medical certificate, maximum 10 working days per year; [75]

f bis ) for the time necessary to care for a family member or partner with health problems, up to a maximum of ten working days per year and three working days per event, except for illness of children under 15 years of age, for whom the maximum leave per event is 5 working days, up to a maximum of 10 working days per year, with the presentation of a medical certificate starting from the 4th event in the year or in case of a single event lasting more than 3 days; [76]

g) for the death of the spouse, registered partner, cohabiting partner, or children, 5 working days; [77]

h) for the death of parents, brothers, or sisters, 3 working days;

i) …; [78]

i bis ) for serious health problems of a child due to illness or accident, for a care allowance within the meaning of Art. 16n-16s LIPG, up to a maximum of 14 weeks. The leave may be taken at once or on a daily basis; [79]

l) for the birth of children or recognition of children within 6 months of birth, 10 working days (leave for the other parent); [80]

m) for the death of grandparents, parents-in-law, son-in-law, daughter-in-law, siblings-in-law, nephews, and uncles, and for similar degrees of kinship of the registered partner or cohabiting partner, for the marriage of children, brothers, sisters, and parents, 1 working day; [81]

n) for relocation, 1 working day.

2 The leaves referred to in paragraph 1 letters a), b), c), d) are granted subject to service requirements and may not exceed, if cumulated, a maximum limit of 12 days per year.

3 If, for service reasons, the employee does not enjoy one or more midweek holidays, they are entitled, within the same month, to recover them with an equal number of leave days.

4 Teachers may be granted up to a maximum of 3 days of leave for personal matters, provided that the lost teaching hours are recovered during the school year.

5 A cohabiting partner is considered to be a person living under the same roof maintaining a stable and lasting romantic relationship. [82]

6 Care leave must be exercised within a framework period of 18 months. The framework period begins on the day for which the first daily allowance is paid. If both parents are gainfully employed, each of them is entitled to a maximum leave of seven weeks. They may agree on a different distribution of the leave. [83]

[73] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[74] Letter amended by L 15.9.2025; in force since 15.12.2025 - BU 2025, 328.

[75] Letter amended by L 1.6.2021; in force since 6.8.2021 - BU 2021, 241.

[76] Letter introduced by L 26.1.2022; in force since 1.7.2021 - BU 2022, 74.

[77] Letter amended by L 1.6.2021; in force since 6.8.2021 - BU 2021, 241.

[78] Letter repealed by L 26.1.2022; in force since 1.7.2021 - BU 2022, 74; previous amendment: BU 2018, 69.

[79] Letter introduced by L 26.1.2022; in force since 1.7.2021 - BU 2022, 74.

[80] Letter amended by L 15.9.2025; in force since 15.12.2025 - BU 2025, 328; previous amendments: BU 2018, 69; BU 2022, 74.

[81] Letter amended by L 1.6.2021; in force since 6.8.2021 - BU 2021, 241; previous amendment: BU 2012, 418.

[82] Paragraph introduced by L 1.6.2021; in force since 6.8.2021 - BU 2021, 241.

[83] Paragraph introduced by L 26.1.2022; in force since 1.7.2021 - BU 2022, 74.

[84] **1** In the case of maternity, the employee is entitled to 16 weeks of paid leave. The 16 weeks may include, after the 14th week, a period of part-time work, at least 50%, for a maximum of 4 weeks.

**2** Maternity leave begins at the latest at the time of childbirth; within this leave, a maximum of 2 weeks may be taken before childbirth.

**2bis** In the event of the newborn's hospitalisation for at least 2 weeks, maternity leave is extended by an equivalent duration to the extension of the payment period for maternity benefits. [85]

**3** In the case of childbirth, the employee may benefit from unpaid leave, full or partial, for a maximum of 9 months, extendable for teachers until the end of the school year.

**4** Within the limits established by paragraph 3, leave may be granted entirely or partially to the father.

**5** Breastfeeding mothers may take the necessary time to breastfeed, in accordance with federal labor legislation.

[84] Art. amended by L 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

[85] Para. introduced by L 15.9.2025; in force from 15.12.2025 - BU 2025, 328.

[86] 1 If the mother dies on the day of childbirth or within the following 16 weeks, the other parent is entitled to 16 weeks of leave.

2 The other parent is entitled to leave if the parent-child relationship exists at the time of death or is established within the following 16 weeks.

3 In the event of the newborn's hospitalisation according to Art. 47 para. 2 bis, the leave referred to in para. 1 shall be extended by an equivalent period to the duration of the hospitalisation, but by a maximum of eight weeks.

[86] Art. introduced by L 15.9.2025; in force since 15.12.2025 - BU 2025, 328.

[87] 1 In the event of adoption of minors who are not part of the family, the employee, for justified reasons, is entitled to paid leave for a maximum of 16 weeks. The 16 weeks may include, after the 14th week, a period of part-time work, at least 50%, for a maximum of 4 weeks.

2 In the event of adoption, the employee may benefit from unpaid leave, total or partial, for a maximum of 9 months, extendable for teachers until the end of the school year.

3 Paid and unpaid leave are not cumulative if both parents are state employees. In this case, they may nevertheless freely share the leave period.

[87] Art. amended by L 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

[88] 1. Employees may be granted paid or unpaid leave for professional development and further training, in accordance with the procedures defined by the regulations.

2. ...

[88] Art. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[89] 1 The appointing authority may grant an employee, during their career, total or partial leave with deduction of salary and related supplements and allowances, while preserving the validity of the employment relationship for a maximum period of 3 years.

2 In exceptional cases, the appointing authority may extend the total duration of a partial leave up to 6 years.

L. Certificate of employment [90]

[89] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[90] Marginal note amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 Every employee who leaves employment is issued a certificate indicating the nature and duration of the employment relationship and commenting on their performance and conduct.

2 At the explicit request of the employee, the certificate must be limited to the nature and duration of the employment relationship.

M. Trade Union Rights [91]

[91] Marginal note amended by L 17.4.2012; in force since 1.8.2012 - FO 2012, 297.

1 Employees have the right to join trade unions.

2 The exercise of trade union activities at the workplace is permitted, provided it is compatible with the duties related to the function and the needs of the service.

[92] 1 Employees have the right to respect for their dignity and their physical and psychological integrity.

2 To protect their personality, particularly in matters of psychological and sexual harassment, the Council of State shall adopt the necessary information and prevention measures.

[92] Art. introduced by Law 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[93] 1 Any employee to whom notice of termination of employment is given outside the probationary period, except for immediate termination, may submit their case, within a period of 15 days, to the Conciliation Commission for State Personnel; its composition and functioning are established by regulation. [94]

2 The Commission is obliged to convene a conciliation hearing within 15 days and to inform the appointing authority as soon as possible whether the parties have reached an agreement.

3 Disputes relating to discrimination within the meaning of the Federal Act on Gender Equality of 24 March 1995 are subject to conciliation proceedings in accordance with the Act on the Application of the Federal Act on Gender Equality in Public Law Employment Relationships of 24 June 2010. [95]

4 The initiation of one conciliation procedure excludes the other.

5 During the conciliation phase, the termination procedure remains suspended; the provisions of Art. 60a para. 3 are in any case reserved.

[93] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297; previous amendment: BU 2004, 32.

[94] Para. amended by L 15.9.2025; in force since 15.12.2025 - BU 2025, 328.

[95] Para. amended by L 4.6.2012; in force since 10.8.2012 - BU 2012, 364.

[96] 1 Employees and the State shall respect industrial peace.

2 A strike is lawful if it fulfills the following cumulative conditions

a) it is announced in accordance with the prescribed procedure;

b) it concerns the employment relationship;

c) it complies with the obligation to preserve industrial peace or to conduct negotiation talks;

d) it concerns a collective conflict;

e) it is proportionate to the objective pursued and is used only as a last resort, when negotiation between the parties is no longer possible;

f) it is proposed or supported by a trade union representing the workers.

3 The period of absence from work during the exercise of the right to strike is not remunerated.

4 Lawful participation of employees in a strike must not lead to any measures against them, nor constitute grounds for dismissal. In case of non-compliance with the conditions set out in paragraph 2, the Council of State shall adopt the necessary measures.

5 A minimum service must be guaranteed in the sectors of education, healthcare, and personal safety, as well as for pickets and services that adopt urgent decisions and measures, and in other services indicated by the Council of State.

6 The Council of State shall regulate the procedure for exercising the right to strike and the modalities of minimum service.

[96] Art. introduced by L 15.9.2025; in force from 15.12.2025 - BU 2025, 328.

[98] 1 The Council of State promotes the development of human resources; to this end, it organises training, professional development, and continuing education for employees, taking into account the needs of the public administration and the employees themselves.

2 The Council of State may make attendance at professional development courses conditional upon the continuation of the employment relationship for a specified period.

3 The regulations define the methods for recovering costs in the event of the dissolution of the employment relationship before the expiry of the period, at the request of or due to the fault of the employee.

4 Functions requiring particular preparation may be subject to a preliminary internal competition; those selected retain their previous status during training and are not entitled to appointment to the new function.

[98] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 The Council of State promotes and may prescribe, after consulting with the employee, work activities with other entities, for the purpose of completing or updating their professional skills.

2 The Council of State decides which benefits are to be paid by the State in individual cases, in order to supplement the salary and/or professional pension.

3 The employee has the right to remain affiliated with the pension institution of the Canton Ticino and maintains their status.

[100] 1 State employees are affiliated with the Social Security Institute of the Canton Ticino according to the provisions of its pension regulations.

2 For categories not subject to the present law, insofar as the minimum requirements provided for by the federal law on occupational old-age, survivors' and disability insurance are met, the provisions of the relevant pension regulations shall apply.

[100] Art. amended by Law of 6.11.2012; in force since 1.1.2013 - BU 2012, 637.

The State insures all employees against the risks of professional and non-professional injury and occupational diseases, in accordance with federal legislation.

[102] The employment relationship shall cease due to

a) expiry of the appointment;

b) resignation;

c) termination;

d) termination during the probationary period;

e) disability;

f) retirement.

[102] Art. amended by L 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

1. An employee may resign from their position at any time, effective at the end of a month, with three months' notice.

2. For executive officers, the notice period is six months.

3. Upon request of the interested party, the appointing authority may reduce these terms.

4. The employment relationship of teaching staff generally ceases on 31 August; exceptions are established by regulation. [103]

[103] Para. amended by Law of 17.4.2012; in force since 1.8.2012 - OG 2012, 297.

[104] 1 The appointing authority may terminate the employment relationship at the end of a month with three months' notice, by availing itself of justified reasons.

2 The notice period for employees with at least 15 years of service or 45 years of age is 6 months.

3 In particular, justified reasons include

a) the abolition of the position or function without possibility of transfer or retirement due to age limits; in the event of a need to choose among several employees, this termination shall be issued to those with inferior individual requirements and qualifications or the fewest years of service; exceptions based on family responsibilities or other well-founded reasons, at the definitive discretion of the appointing authority, remain reserved;

b) absence due to illness or injury lasting at least 18 months without interruption or repeated absences of equivalent significance due to their frequency;

c) repeated or continuous non-compliance in conduct or performance, referring in particular to the failure to achieve foreseen objectives;

d) incapacity, unsuitability, or lack of availability in carrying out one's service;

e) lack of availability to perform other reasonably exigible work;

f) the unjustified refusal of a transfer with assignment to another function pursuant to Art. 18a;

g) any objective or subjective circumstance which makes it impossible in good faith for the appointing authority to continue the employment relationship in the same function or in another suitable and available function within the scope of vacant positions;

h) the breakdown of the relationship of trust on the part of the Council of State towards officials directly subordinate to the collegial government body or on the part of a Department Director towards a Division Director.

4 In the event of serious breaches of service duties, absolutely irreconcilable with the function exercised, the appointing authority may immediately terminate the employment relationship.

5 Termination decisions concerning municipal teachers must be ratified by the competent Department, which has the power to propose such measure to the appointing authority; if the termination is pronounced upon proposal of the Department, ratification is superfluous. [105]

6 …

[104] Art. amended by Law of 25.3.2015; effective from 22.5.2015 - BO 2015, 241; previous amendment: BO 2012, 297.

[105] Para. amended by Law of 22.9.2020; effective from 1.8.2020 - BO 2020, 348.

[106] 1 The dismissal procedure is conducted by the appointing authority, which may delegate this power to subordinate bodies; in the case of employees of the Court of Appeal, the Public Prosecutor's Office, and other permanent judicial authorities, the dismissal procedure may be entrusted to the Department of Institutions. [107]

2 The employee must be heard and may be assisted by legal counsel.

3 During the dismissal procedure, the employee may be provisionally suspended from office and deprived totally or partially of their salary, if the interest of the Administration or the procedure so requires.

4 The decision of provisional suspension, duly reasoned and indicating the means and deadlines for appeal, must be notified immediately to the interested party. The appeal does not have suspensive effect.

5 The Municipalities, after consulting the School Inspectorate, decide on the suspension of municipal teachers. The Council of State may assume this power, providing timely notification to the Municipality.

III. State Benefits [108]

[106] Art. amended by Law of 25.3.2015; in force since 22.5.2015 - BU 2015, 241; previous amendment: BU 2012, 297.

[107] Sub-paragraph amended by Law of 7.5.2013; in force since 1.8.2013 - BU 2013, 317.

[108] Marginal note amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 The benefits to which an employee is entitled upon termination are established by the salary law.

2 The provisions of the pension scheme regulations of the Canton Ticino Provident Institution are also applicable. [109]

IV. Social plan [110]

[109] Para. modified by Law of 6.11.2012; in force since 1.1.2013 - BU 2012, 637.

[110] Marginal note modified by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 In the event of terminations due to the elimination of positions or functions, when the legally prescribed consequences regarding retirement and severance pay prove inadequate to the circumstances, the appointing authority shall draw up a social plan, in agreement with employee organizations.

2 The financial powers of the Grand Council are reserved.

3 Employees whose employment has been terminated due to the elimination of their position, without other reasons attributable to them, shall have priority, given equal qualifications, in competitions for new positions announced within four years by the same appointing authority. [111]

[111] Para. amended by Law of 23.1.2017; in force since 1.1.2018 - BU 2017, 89.

… [112]

[112] Art. repealed by Law 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

[113] 1 Employment relationships cease due to age limit between 60 and 65 years.

2 Employees who have reached 58 years of age have the right to request early retirement according to the pension regulations of the Ticino Canton Pension Institute. [114]

3 The employment relationship ceases in any case in the year the employee turns 65

a) for employees at the end of the month in which they reach this age limit;

b) for teachers on August 31st.

4 To terminate the employment relationship before reaching 65 years of age, the notice periods prescribed by Art. 59 must be observed.

5 The employment relationship may continue beyond 65 years of age only exceptionally, in the form of an assignment, subject to a maximum age limit of 70 years.

[113] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[114] Para. amended by L 6.11.2012; in force since 1.1.2013 - BU 2012, 637.

[116] Appeals against decisions of subordinate bodies and Municipalities may be lodged with the Council of State.

[116] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[117] 1 An appeal against the decisions of the Council of State may be lodged with the Cantonal Administrative Court.

2 An appeal against the decisions of the Court of Appeal, the Public Prosecutor's Office, and other permanent judicial authorities may be lodged with the Judicial Appeals Commission. The rules on appeals to the Cantonal Administrative Court according to the Administrative Procedure Law of 24 September 2013 are applicable. [118]

3 An appeal to the Judicial Appeals Commission may also be lodged against decisions of the Department of Institutions taken by delegation from the Court of Appeal, the Public Prosecutor's Office, or other permanent judicial authorities.

4 An appeal against a termination decision does not have suspensive effect.

5 The application of Article 91 of the Administrative Procedure Law of 24 September 2013 remains reserved in the event of unjustified termination. [119]

[117] Art. amended by Law of 7.5.2013; in force since 1.8.2013 - BU 2013, 317; previous amendments: BU 2009, 23; BU 2012, 297.

[118] Para. amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 472; previous amendments: BU 2012, 297, BU 2013, 317 and BU 2019, 55.

[119] Para. amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 472.

… [120]

[120] Art. repealed by Law 17.4.2012; effective from 1.8.2012 - BU 2012, 297.

... [121]

[121] Art. repealed by L 2.12.2008; in force from 27.1.2009 - BU 2009, 23.

1 The normal working hours are 42 hours per week; provisions of special and company regulations for specific categories, emergency provisions, and those decided by the Council of State for extraordinary circumstances are reserved.

2 Night shift work is compensated at a rate of 10% in time off or in money according to the modalities established by the regulation.

Overtime work is considered to be that which, with the exception of temporary replacement cases, meets the following cumulative conditions

a) exceeds the normal weekly working hours,

b) is performed outside the normal time slot,

c) is ordered or justified by one's superior.

[122] **1 Overtime work must be exceptional in nature and must, in principle, be compensated in the form of leave.**

**2 When circumstances require working hours greater than those provided by law, the employee is obliged to perform supplementary hours to the extent that they are able to do so and it can reasonably be expected of them according to the rules of good faith.**

**3 Overtime hours worked by employees in salary classes higher than 4 are compensated solely in the form of leave.** [123]

**4 Overtime work may in no case exceed 150 hours per year.**

[122] Art. amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 297; previous amendment: BU 2012, 78.

[123] Para. amended by L 23.1.2017; in force since 1.1.2018 - BU 2017, 89.

If service reasons require it, an employee may be assigned, within the normal working hours, other duties or tasks in addition to those derived from the act of appointment, without any additional compensation being due to him.

1 Government offices are closed on Saturdays, Sundays, and recognized public holidays; they are also closed on the afternoons of Christmas Eve and New Year's Eve, on the morning of Ash Wednesday, and in particular circumstances by order of the State Council.

2 On the afternoon of the eves of recognized public holidays, the daily workload is reduced by one hour. [124]

[124] Para. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 For specific functions, an employee may be required to reside in service accommodation.

2 … [125]

3 The rules for assigning service accommodation to employees and for calculating the compensation, to be deducted from the salary, as well as the substitute indemnities in case of non-assignment of service apartments, are established by the Council of State through a regulation. [126]

4 … [127]

[125] Paragraph repealed by Law of 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

[126] Paragraph amended by Law of 8.11.2005; in force from 1.2.2006 - BU 2006, 27.

[127] Paragraph repealed by Law of 17.4.2012; in force from 1.8.2012 - BU 2012, 297.

1 The State shall provide its employees with mandatory uniforms and personal equipment free of charge. [128]

2 In the case of useful but non-mandatory equipment, the State may contribute to the employee's purchase cost.

[128] Cf. amended by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

1 To facilitate cooperation between the governing bodies and the staff, and to engage staff in the rational organization of the service, Staff Commissions may be established by decision of the interested employees in the various sectors of the State, its companies, and its institutions.

2 The Council of State, having consulted the staff organizations, shall issue the specific regulations for the establishment of the Commissions.

3 The Commissions represent the employees before the governing bodies of the respective service.

4 The employees of the affected work units shall elect from among themselves the members of the Commissions and their substitutes.

The activity of the Staff Commissions is advisory in nature; they provide their opinion in particular concerning

a) suggestions and proposals relating to the simplification and improvement of the service and the definition of objectives; [129]

b) suggestions regarding institutions for staff welfare, professional training, and examinations;

c) general matters concerning the personnel of the respective service;

d) aspects relating to the application of this law. [130]

[129] Subpara. amended by Law 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[130] Subpara. introduced by Law 17.4.2012; in force since 1.8.2012 - BU 2012, 297.

[132] The service burden of teachers, in addition to lessons, includes all activities related to teaching, continuous professional development, classroom and institutional management, as well as relations with the various components of the school.

[132] Art. modified by L 22.3.2016; in force since 1.8.2016 - BU 2016, 250.

[133] 1 In kindergarten, primary, and special schools, the weekly teaching hours of full-time teachers correspond to the entire weekly lesson hours for pupils, in accordance with the parameters established by school laws and regulations.

2 In middle and post-compulsory schools, the weekly full-time teaching hours for each category of teachers are determined by the Council of State through a regulation in lesson-hours, ranging from a minimum of 24 to a maximum of 28. For those teachers who carry out activities where on-site presence prevails over the preparation and delivery of lessons, these hours may be extended, or the weekly hours referred to in Article 69, paragraph 1 may be applied.

[133] Art. amended by L 22.3.2016; in force from 1.8.2016 - BU 2016, 250; previous amendment: BU 2004, 245.

[134] Art. repealed by Law 17.3.2009; in force from 12.5.2009 - BU 2009, 203; previous amendment: BU 2002, 104.

[135] 1 The weekly working hours for specialized school operators are those set out in Art. 69 para. 1; holidays during the school year are those on the calendar, while summer holidays are from July 1st to August 15th.

2 The Council of State exhaustively defines in the school regulations which operators are subject to this employment status, it being understood that others retain the status of state employees.

[135] Art. modified by L 22.3.2016; in force since 1.8.2016 - BU 2016, 250; previous modification: BU 2012, 297.

... [136]

[136] Article repealed by Law 22.3.2016; in force from 1.8.2016 - BU 2016, 250.

[137] 1 The Council of State allocates teaching staff and specialized school operators to each cantonal school institution based on the number of students, study plans, and the institution's management needs, in accordance with the parameters established by school laws and regulations.

2 The institution ensures the equitable distribution of teaching hours and other duties among its teachers.

3 The Council of State may also reserve an allocation of resources for general tasks concerning multiple institutions.

E. Substitutions [138]

[137] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 250.

[138] Marginal note amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 250.

1 Teachers in cantonal schools are required to provide gratuitous substitute teaching for absent colleagues for a maximum of 3 lesson hours per week.

2 The rules governing substitute teaching in schools are established by regulation.

F. Directors and Deputy Directors [139]

[139] Marginal note modified by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 250.

1 The provisions applicable to senior civil servants apply to the directors and vice-directors of cantonal schools.

2 They adapt their working hours and holidays to the needs of the educational institution they manage.

[140] The function of a teacher at a cantonal school with an employment level of up to fifty percent is compatible with the office of a deputy to the Grand Council.

[140] Art. reintroduced by L 19.11.2018; in force since 1.9.2019 - BU 2019, 294; previous amendments: BU 2002, 102; BU 2009, 23.

[142] 1 The central human resources services and the administrative unit responsible for the administrative management of municipal teachers are the bodies responsible for processing the data necessary for personnel and salary management. They manage computerized information and documentation systems for

a) managing applications for public competitions;

b) personnel management and administration;

c) preparing statistics.

2 The responsible bodies access the data processed in the information systems according to the needs for the fulfillment of their respective personnel management tasks.

3 The information systems may contain, in particular, data relating to applications, professional careers, administrative procedures, salaries, and attendance and absence management, including personal data requiring special protection, specifically concerning family matters, health status, evaluations of professional performance and conduct, and disciplinary and criminal procedures and sanctions.

4 The Information Systems Center and the IT Department of the Social Insurance Institute ensure the management and technical security of the information systems.

[142] Article reintroduced by Law of 21.6.2018; in force from 1.9.2018 - BU 2018, 337; previous amendment: BU 2012, 297.

[143] Responsible bodies may digitize and record paper documents in information systems. The digital copy of the document, with the necessary security measures, is presumed equivalent to the paper original. Subsequently, the paper original may be destroyed.

[143] Art. introduced by Law of 21.6.2018; in force since 1.9.2018 - BO 2018, 337.

[144] 1 The responsible bodies may regularly transmit, where appropriate by recall procedure, the personal data necessary for the performance of the following legal tasks

a) to managing officials and expressly designated personnel, for the management of the administrative units and personnel assigned;

b) to managing officials and expressly designated personnel, for the administrative management of teaching staff;

c) to the Social Security Institute of Canton Ticino, for the management of professional pension schemes for insured persons;

d) to the administrative units responsible for the recovery of subsidies and for cost accounting;

e) to the Information Systems Centre and the IT Service of the Social Insurance Institute, for the development and maintenance of information systems containing employee data.

2 The systematic transmission of personal data according to other laws remains reserved.

[144] Art. introduced by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 337.

[145] Responsible bodies may transmit, in individual cases, personal data to public bodies or to private individuals if provided for by law, if there is a necessity for the performance of legal tasks, or if the data subject has given their free, specific, and informed written consent.

[145] Art. introduced by L 21.6.2018; in force from 1.9.2018 - BU 2018, 337.

[146] **Art. 1** The responsible bodies may process personnel data for purposes other than those provided for in Art. 84 para. 1, if this is necessary for the fulfillment of legal duties or to safeguard legitimate interests of employees or the Public Administration.

2 The authorities or service referred to in Art. 31a para. 3 may process the data necessary for the examination of the report. [147]

[146] Art. introduced by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 337.

[147] Para. introduced by Law of 13.12.2021; in force since 1.3.2022 - BU 2022, 48.

[148] 1 The medical service for the personnel of the Cantonal Administration, as well as the corresponding service of the IAS for its own administrative unit, are the bodies responsible for processing personal health data of employees, in particular those relating to the assessment of their fitness for work and their medical accompaniment.

2 They may communicate to the bodies referred to in Art. 84 para. 1 only the conclusions pertaining to the fitness or unfitness for work of the person concerned, the degree, cause and probable duration of the incapacity for work, and any other conclusions necessary for the recruitment and management of the employment relationship.

[148] Art. introduced by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 337.

[149] 1 The use of systems for named, durable, and real-time surveillance of employees' private or personal spheres at the workplace is not permitted.

2 The violation of behavioral rules regarding the use of IT resources, or the corresponding suspicion, must be established through non-named surveillance of collected data, or thanks to fortuitous indications.

3 Targeted named analysis of personal data collected through surveillance systems is permitted in cases where a violation of behavioral rules according to paragraph 2 has been established or where concrete suspicions of such a violation exist.

4 The service responsible for security shall adopt the necessary technical and organizational measures to prevent abuses.

5 Surveillance or control systems, if necessary for other reasons, must be designed and arranged in such a way as not to impair the health and freedom of movement of employees.

[149] Art. introduced by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 337.

[150] 1 Access to the office and the electronic workstation in the event of the death or disappearance of a public employee is governed by regulation.

2 Decisions on requests by third parties for access to personal or private documents may be appealed to the Cantonal Commission for Data Protection and Transparency.

[150] Art. amended by L 26.1.2022; in force since 8.4.2022 - BU 2022, 86; previous amendment: BU 2018, 337.

[151] 1 Data of unsuccessful candidates shall be deleted three months after the end of the recruitment procedure, with the exception of the application letter and the personal data contained therein which, as correspondence addressed to the employer, shall be retained for one year.

2 Employees’ personal data may be retained for ten years from the end of the employment relationship. Other data may be retained beyond this period with the employee’s written, free, and informed consent.

3 For the purpose of potential re-employment, personal master data, organisational allocation, function held, date of entry into service, and changes in the employee’s career shall be retained for thirty years.

4 Personnel data may be retained in anonymised form for statistical purposes.

[151] Art. amended by L 26.1.2022; in force since 8.4.2022 - BU 2022, 86; previous amendment: BU 2018, 337.

[152] The provisions of the law on the protection of personal data of 9 March 1987 remain reserved.

[152] Art. amended by L 26.1.2022; in force since 8.4.2022 - BU 2022, 86; previous amendment: BU 2018, 337.

[153] The Council of State regulates the details, namely the rights and procedures for accessing information systems via retrieval procedure, the digitalization of paper documents, the methods of preservation, data security measures, and the procedure for analyzing data on the use of the electronic infrastructure according to Art. 84f.

[153] Art. introduced by Law of 26.1.2022; in force since 8.4.2022 - BU 2022, 86.

1 Upon the entry into force of this law, current fixed-term appointments with a four-year or six-year expiry shall automatically become open-ended appointments (Art. 7).

2 The employment relationships of State employees subject to this law shall be adjusted in accordance therewith no later than one year from its entry into force.

3 Employees who benefit from service accommodation shall have their acquired rights guaranteed until the entry into force of this law.

This law repeals the Law on the Organization of State Employees and Teachers of November 24, 1987. Also repealed are Articles 32, 80bis, 81, 84, 123, and 157 of the School Law of May 29, 1958, Article 7 of the Law on Magistrates' Fees of May 14, 1973, Article 8 of the General Law on the Land Register of February 2, 1933, and Articles 8 and 9 of the Cantonal Implementing Law for the Federal Law on Debt Enforcement and Bankruptcy of March 8, 1911.

To the extent not provided for by this Act, the provisions of the Code of Obligations shall apply as subsidiary public law.