Law concerning the Staffing of Municipal Secretaries

[1] The minimum annual salary for part-time municipal secretaries is determined based on population and class 23 of the State employees’ personnel plan as provided for in Art. 3 of the Law on State Employees’ Salaries of 5 November 1954, reduced by 15%, according to the following table for Municipalities up to 600 inhabitants

Inhabitants

Minimum

Maximum

- /100

fr. 7140.-- (1530.--)

fr. 8670.--

101/150

fr. 8364.-- (2295.--)

fr. 10659.--

151/200

fr. 11159.-- (3060.--)

fr. 14219.--

201/250

fr. 13943.-- (3825.--)

fr. 17768.--

251/300

fr. 16738.-- (4590.--)

fr. 21328.--

301/350

fr. 19523.-- (5355.--)

fr. 24878.--

351/400

fr. 22267.-- (6171.--)

fr. 28438.--

401/450

fr. 25051.-- (6936.--)

fr. 31987.--

451/500

fr. 27846.-- (7701.--)

fr. 35547.--

501/550

fr. 30641.-- (8466.--)

fr. 39107.--

551/600

fr. 33436.-- (9231.--)

fr. 42667.--

In the event of a modification to Art. 3 of the Law on State Employees’ and Teachers’ Salaries of 5 November 1954, the aforementioned minimums and maximums shall be automatically adjusted (by the same percentage of modification to class 23 of the said Law).

[1] Article amended by Law of 25.6.2002; in force since 1.1.2003 - BU 2002, 443.

The initial salary is fixed at the time of appointment. The Municipality may establish a higher initial salary, equivalent to one or more annual increments, when justified by particular circumstances, such as the exercise of a function in another public or private administration, special preparation, particular skills, and conditions.

Municipal secretaries are entitled to an ordinary annual increase for each calendar year until they reach the maximum of their respective class.

The increase is paid if, at the beginning of the calendar year, the municipal secretary has completed at least 6 months of service; if less has been rendered, the increase is paid only from the following year. This rule is also applicable to unpaid service interruptions, according to the provisions of the Municipal Regulations.

The increase corresponds to one-tenth of the difference between the minimum and maximum salary resulting from Article 1.

The calculation of the increases takes into account all the time spent by the interested party in the service of the same Municipality.

The cost-of-living allowances, recurring and one-time annual adjustments, as well as special allowances that constitute a real increase in salaries as per Art. 1, must be granted to municipal secretaries to the same extent and for the same periods of time as recognized in favor of state employees.

To the municipal secretary employed full-time throughout the entire working day, the Municipality must pay a family allowance and child benefits of an amount at least equal to those established by law for state employees.

To the municipal secretary employed part-time or on an ancillary basis, the Municipality must pay a family allowance equal to 5% of the minimum annual salary referred to in art. 1, and child benefits for each child in the same measure, provided that such amounts do not exceed those established for state employees.

The municipal secretary employed on an ancillary basis, already receiving allowances or benefits from other employers, is entitled to allowances and benefits from the Municipality up to the maximum amounts established in the first paragraph.

If the interested party is a municipal secretary for two or more Municipalities, the allowances and benefits must be paid by the respective Municipalities proportionally to the salary; however, the Municipalities are not obliged to pay total amounts exceeding those established in the first paragraph.

The working hours, overtime work, and the related compensation must be governed by the Municipal Regulation or the Organic Regulation of Employees or the employment contract.

In the event of absence due to illness or non-occupational injury, even if discontinuous, the secretary receives full salary for the first 360 days and 50% for another 360 days. In such a case, family allowance and child benefits are not reduced.

In case of absence due to pregnancy or childbirth, the secretary receives her full salary for 10 weeks, of which a maximum of 6 weeks after childbirth.

If the employee does not resume work for at least 6 months, the right to full salary is limited to 6 weeks.

During absences for compulsory military service and for civil protection service, the secretary is entitled to full salary during refresher courses and for a period of 30 days during the year, during recruit school or other courses.

The loss of earnings allowance is due to the employer.

Secretaries are entitled to the following annual leave

a) 4 weeks up to and including 49 years of age,

b) 5 weeks starting from the year in which they reach 50 years of age,

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

Full-time municipal secretaries are entitled to leave without deduction of salary as provided for by Art. 31 [2] of the Law on the Status of State Employees and Teachers.

[2] Now Art. 46 of the Law on the Status of State Employees and Teachers of 15 March 1995.

Secretaries authorized for official missions are entitled to reimbursement of travel expenses, as well as other allowances established by the municipal regulations.

The municipalities are obliged to join a pension fund for full-time secretaries and to ensure a form of social security for those employed part-time.

Age limits

The employment relationship ceases on December 31st of the year in which the municipal secretary has reached the age of 65 for men or 62 for women, respectively on June 30th if the age limit is reached in the first half of the year.

The Municipal Council, with the consent of the part-time municipal secretary, has the right to extend the employment relationship, by means of an assignment.

[3] The Municipality is obliged to pay the secretary for each year of service a minimum indemnity equivalent to the last monthly salary due, in the following cases

a) loss of the employee due to municipal mergers or the formation of consortia for administrative services, or due to a supervening incompatibility not attributable to a personal act of the secretary;

b) non-renewal or dismissal not determined by serious reasons. In case of non-renewal or dismissal, the Municipal Council is obliged to notify the interested party of the decision, by registered letter, indicating the reasons for the measure.

The indemnity is not due if the secretary already holds a public position, if, in the case of a merger, they are offered the possibility of taking up a position in the new Municipality under conditions comparable to the previous ones, or, if appointed by mandate, after the age of 65 for men or 62 for women.

The provisions of municipal regulations are reserved insofar as they provide for more favourable treatment for the non-reappointed secretary.

[3] Article amended by Law 16.12.2003; in force from 13.2.2004 – BU 2004, 59.

The employment relationship must be governed by the municipal regulation, by a municipal organic regulation for the employees of the Municipality, or by an employment contract.

[4] Municipalities may provide for higher remuneration conditions and social benefits.

[4] Article amended by L. 25.6.2002; in force since 1.1.2003 – BU 2002, 443.

For the application of the present law, the number of inhabitants in the Municipality, established annually by the Cantonal Statistical Office (cantonal population), is decisive.

In the case of appointing a single secretary for multiple Municipalities, or of forming a consortium for the exercise of administrative services, the salary of the municipal secretary shall be determined based on the total population of the Municipalities concerned.

In no case shall the salary of the municipal secretary in office suffer reductions compared to that acquired during the tenure, due to a decrease in population.

The salaries referred to in Art. 1 of this law are stabilized as of January 1, 1984, at an index of 127.6 points. For secretaries in office at the entry into force of this law, the calculation of the increases referred to in Art. 3 must be made taking into account the years of service rendered by the interested party as secretary in the same Municipality.

Secretaries who leave service due to reaching the age limit or due to disability without the benefits provided for in Art. 12, are entitled to a severance payment proportionate to the years of service rendered.

The law concerning the staffing of municipal secretaries of 10 October 1972 is repealed. Upon expiry of the deadlines for the exercise of the right to referendum, this law shall be published in the Official Bulletin of Laws and Executive Acts of the Canton and shall enter into force on 1 January 1984.

Published in OB 1984, 300.