Regulations on State Auxiliary Personnel (RPASt) (RPAST)

1. This regulation governs employment contracts between the State and auxiliary staff.

2. Disabled staff and cleaning staff shall be hired as permanent auxiliary staff.

3. Substitute staff, staff required to assist the Administration's services in the execution of extraordinary or temporary tasks or in clearing transient work backlogs, and intern staff shall be hired as temporary auxiliary staff.

4. The need for auxiliary staff shall be determined annually by the Council of State in detail for each service. Unforeseeable and urgent cases, individually authorized by the Council of State, are reserved.

1 The proposal for recruitment and special terms of employment falls within the competence of the services concerned with the recruitment of auxiliary personnel.

2 The Central Human Resources Services are responsible for verifying compliance with applicable provisions, concluding the employment contract, and transmitting a copy thereof to the requesting service and to the Wages and Insurance Office.

3 The employer's powers are delegated to the Central Human Resources Services.

1. In the recruitment of auxiliary staff, preference shall be given to citizens residing in the Canton or in the Confederation.

2. Recruitment is subject to the submission of the required academic or professional qualifications, a self-declaration regarding health status, an extract from the criminal record, and any further documents necessary for the position.

1. The contract must be concluded in written form prior to the commencement of the activity.

2. In general, auxiliary staff must observe the service duties of State employees, and in particular Articles 22-31a of the Law on the Status of State Employees and Teachers of 15 March 1995 (LORD) and Articles 16-22 of the Regulations for State Employees of 11 July 2017 (RDSt).

3. Auxiliary staff are insured against accidents and are affiliated with the Pension Institute of the Canton of Ticino according to the obligations established by the relevant laws.

1 For the following categories, the duration of the probationary period is disciplined as follows

a) Indefinite-term contract

the first 3 months are probationary; the contract may be terminated at any time with 7 days' notice.

b) Fixed-term contract

– if the contract lasts up to 6 months, the probationary period is one month and may be terminated with 7 days' notice;

– if the contract lasts over 6 months, the probationary period is 3 months and may be terminated with 1 month's notice.

2 The probationary period, if it is effectively reduced due to illness, accident, or the fulfillment of a legal obligation not voluntarily assumed, shall be extended by an equivalent period.

1 Salaries and functions refer to the regulation concerning the functions and classifications of state employees of 11 July 2017, with the exception of those categories of auxiliary personnel regulated by the Council of State through government resolution.

2 Auxiliary personnel, with the exception of personnel in training, are entitled to a thirteenth monthly salary in proportion to the activity performed.

Except for categories of personnel regulated by government resolution, salary is, in principle, fixed in application of Art. 51 RDSt.

1 The right to salary and any allowances commences from the day of actual entry into service and is extinguished upon the termination of the employment relationship.

2 Public holidays and Saturdays at the beginning of the month are considered days of actual service for employees who commence service on the working day following the public holiday.

1 In the event of absence due to illness, auxiliary personnel, with the exception of personnel referred to in Article 5a LORD subject to Articles 30 and 31 LStip, are insured and indemnified against loss of salary through a collective LAMAL policy, and the related premium is borne half by the State and half by the employee.

2 In the event of absence due to accident, compulsory military service or civil protection, and for events covered by military insurance, the right to salary is granted in accordance with the provisions of Articles 30-39 LStip.

3 In the event of absence due to non-occupational accident, in compliance with the Federal Act on Accident Insurance of 20 March 1981 (LAINF), the right to salary is not granted to auxiliary personnel with a workload of less than 8 hours per week.

4 In the event of absence due to pregnancy and childbirth, the right to salary is granted in accordance with the provisions of Article 47 paragraphs 1 and 2 LORD.

For travel allowances, standby duty allowances, night duty allowances, and holiday duty allowances, the relevant provisions established by the Regulations concerning Allowances for State Employees of September 27, 2011, shall apply.

The normal working time is 42 hours per week.

1 Ancillary staff are entitled to the following annual holidays

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

b) 5 weeks up to and including 20 completed years of age, 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 For hourly paid staff, the hourly wage includes holiday and public holiday pay.

3 Articles 42 and 43 LORD, as well as Article 28 RDSt, are also applicable by analogy.

1 After twenty years of service and subsequently every five years, an employee may be granted a bonus equivalent to 4 weeks of paid leave; this bonus may also be granted if the years of service have not been rendered continuously.

2 The right to the bonus is proportional to the degree of employment.

3 Taking into account service requirements, the bonus, upon request of the employee, may be distributed over the 4 years following the year in which the right accrued.

4 … [2]

5 … [3]

[2] Para. repealed by R 10.4.2024; in force since 1.1.2024 - BU 2024, 107.

[3] Para. repealed by R 10.4.2024; in force since 1.1.2024 - BU 2024, 107.

1 Auxiliary staff are entitled to the following paid leave

a) for marriage and registered domestic partnership 8 consecutive days;

b) for the death of a spouse or registered partner or children 5 working days;

c) for the death of parents, siblings 3 working days;

d) for the illness of children under 15 years of age, a maximum of 5 working days per year, upon presentation of a medical certificate starting from the 4th event in the year or in the case of a single event lasting more than 3 days;

e) for the birth of children 10 working days (paternity leave); the leave must be taken, in weeks or days, within 6 months of the event; [4]

f) for the death of grandparents, parents-in-law, son-in-law, daughter-in-law, brothers-in-law, sisters-in-law, nephews, nieces, and uncles and aunts, and for analogous degrees of kinship of the registered partner, for the marriage of children, siblings, and parents, 1 working day.

2 The right to paid leave is proportionate to the degree of employment at the time the event begins.

3 The leave referred to in paragraph 1 letter f) cannot be postponed.

4 The paid leave referred to in paragraph 1 letters a), b), c) and e) must be taken within 30 days of the event.

[4] Letter amended by R 30.6.2021; in force since 1.9.2021 - BU 2021, 202.

1. **Scheduled Absences for Medical Appointments, Physiotherapy, and Similar Activities**

These absences must take into account service requirements. A maximum of two hours during working hours will be recognized.

2. **Part-Time Employees**

Part-time employees should generally schedule these absences during their non-working hours.

1 In the event 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 no later than at the time of childbirth; within this leave, a maximum of 2 weeks may be taken before childbirth.

3 Breastfeeding mothers may take the necessary time for breastfeeding, in accordance with federal labor legislation.

1 In the case of adoption of minors unrelated to 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 Paid and unpaid leaves are not cumulative if both parents are state employees. In this case, they may nonetheless freely apportion the leave period between them.

1 To the auxiliary staff member who reaches a retirement age limit according to the regulations of the Ticino Cantonal Social Security Institute and cannot benefit from the related pensions, a severance payment is recognized after at least 5 years of continuous employment with the State.

2 Under the same conditions, the severance payment is recognized to the survivors of auxiliary staff who die in service. Survivors are understood to be those mentioned in Art. 29 para. 2 LStip.

3 The severance payment is calculated taking into account the average degree of occupation and the salary values valid at the termination of the employment relationship and corresponds to

– 2 monthly salaries for 5 to 9 years of service;

– 3 monthly salaries for 10 to 14 years of service;

– 5 monthly salaries for 15 to 19 years of service;

– 6 monthly salaries for 20 to 24 years of service;

– 7 monthly salaries for 25 to 29 years of service;

– 8 monthly salaries for 30 years of service.

4 Periods of service of at least 6 months are counted as a full year.

5 Competence for granting the severance payment is attributed to the relevant Central Personnel Services.

1. Indefinite-term employment relationships may be terminated, for justified reasons, at the end of a month, during the first year of service with one month's notice, from the second to the fifth year inclusive with two months' notice, and from the sixth year onwards with three months' notice.

2. In the case of fixed-term contracts, if service requirements permit, the employment relationship may be dissolved, before its expiry, at the request of the employee.

Transitional provision of the amendment of 10 April 2024

[5] Auxiliary staff retiring in the course of 2024 who, due to service requirements, have been unable to take all or part of their long-service leave, shall have such leave monetized.

[5] Art. introduced by R 10.4.2024; in force since 1.1.2024 - BU 2024, 107.

The State Auxiliary Personnel Regulations of April 3, 1990 are repealed.

This regulation is published in the Official Bulletin of Laws and enters into force on September 1, 2021.

Published in OB 2020 , 288.