Regulation on the Employment Relationship of Personal Staff of State Councillors

1 This Ordinance applies to the personal staff of the State Councillors, who are directly subordinate to the competent director of the department.

2 The employment relationship of the personal staff of the State Councillors is governed by public law.

The Council of State recruits personal collaborators without holding a public competition, upon the proposal of the competent department director.

[1] The employment relationship of personal assistants is of fixed duration (assignment), established by the hiring decision.

[1] Art. modified by R 11.1.2023; in force since 1.2.2023 - BU 2023, 2.

1. The Council of State determines the annual salary of personal assistants between the minimum of class 9 and the maximum of class 16 of the salary scale provided for by the Law on the Salaries of State Employees and Teachers of 23 January 2017. [2]

2. In defining the salary, the Council of State takes into account the age, education, and professional experience of each assistant, as well as the tasks assigned to them.

[2] Para. amended by R 11.1.2023; in force since 1.2.2023 - BU 2023, 2.

The personal assistants of the State Councillors are insured against accidents and are affiliated with the state employees' pension fund according to the obligations established by the relevant laws, which also determine the premiums, their distribution, and the amount of the statutory benefits for the insured persons.

1 The department director establishes the charges and duties.

2 Personal collaborators are not authorized to make decisions or give instructions.

The fixed-term employment relationship ceases upon the expiry of the term established by the hiring decision; in this case, notice of termination is superfluous.

1 The personal assistant and the Council of State, upon proposal of the competent department director, may terminate the employment relationship during the probationary period, without stating reasons, with 7 days' notice; the probationary period generally lasts one month and may be extended by a maximum of two months. [3]

2 The salary is paid until the expiry of the notice period.

[3] Para. modified by R 11.1.2023; in force since 1.2.2023 - BU 2023, 2.

The employment relationship may be terminated at any time by mutual agreement, according to the agreed terms.

1 If the director of the competent department leaves office, the employment relationship of their personal assistants terminates at the end of the following month, unless the new department director requests its renewal.

2 Article 12 of these regulations remains reserved.

1 The employment relationship shall in any event terminate at the end of the month in which the person subject to this regulation has reached the age of seventy.

2 Furthermore, the dissolution of the employment relationship for serious reasons in accordance with Art. 60 para. 4 of the Law on the Organisation of State Employees and Teachers of 15 March 1995 remains reserved. [4]

Benefits of the State and the Pension Institute of the Canton of Ticino [5]

[4] Para. modified by R 11.1.2023; in force since 1.2.2023 - BU 2023, 2.

[5] Marginal note modified by R 7.12.2012; in force since 1.1.2013 - BU 2012, 572.

1 If the employment relationship ceases when the competent department director leaves office (Art. 10), the personal collaborator who has not been hired for another position in the service of the State, its companies, or its institutions is entitled to: [6]

a) a severance payment in accordance with Art. 27 LStip calculated on the last salary received; [7]

b) a lump-sum settlement as a single indemnity amounting to a maximum of four months' salary;

c) a vested benefits payment in accordance with the conditions set out in the regulations of the Ticino Cantonal Provident Fund. [8]

2 In the event of the cessation of the employment relationship due to the expiry of the term of office (Art. 7) or by mutual agreement (Art. 9), the personal collaborator is entitled solely to the vested benefits payment. The State Council may nevertheless decide to pay a lump-sum settlement in accordance with subsection 1 letter b. [9]

3 A person subject to these regulations who, after the termination of the employment relationship, remains employed in another position in the service of the State, its companies, or its institutions is not entitled to severance and lump-sum settlement payments and is immediately assigned to the salary class provided for the new position.

[6] Subsection amended by R 11.1.2023; effective from 1.2.2023 - BU 2023, 2.

[7] Letter amended by R 11.1.2023; effective from 1.2.2023 - BU 2023, 2.

[8] Letter amended by R 7.12.2012; effective from 1.1.2013 - BU 2012, 572.

[9] Subsection amended by R 11.1.2023; effective from 1.2.2023 - BU 2023, 2.

In the event of the dissolution of the employment relationship of a person subject to these regulations who intends to assume another position within the cantonal administration, the State will do everything possible to find them another job suitable for their abilities.

The provisions of the Law on the Organization of State Employees and Teachers of March 15, 1995, also apply to the personal assistants of the State Councillors, to the extent not regulated by these Regulations.

1 Personal collaborators already in office are subject to these regulations upon their entry into force.

2 With the entry into force of these regulations, the employment relationships of personal collaborators in service, who are appointed for a fixed period, automatically become employment relationships of indefinite duration (Art. 3).

The present regulation repeals the regulation on the employment relationship of personal assistants to State Councillors of 29 March 1995.

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and shall enter into force immediately. [10]

Published in the OB 1999, 305.

[10] Entry into force: 10 December 1999 – OB 1999, 303.