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133.13.1 RISE CH-VD

Regulation enacting labor law provisions for persons participating in a covert investigation (RISe) - Purpose and Scope (RISE)

7 Articles / Provisions · Switzerland · Canton of Vaud
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Table of Provisions (7)

Statutory Text (7 Articles)

1. The employment relationships of undercover agents designated by the State are subject to the law applicable to the personnel of the State of Vaud. The provisions of this regulation are reserved.

2. The commander of the cantonal police negotiates and concludes the necessary agreements when the designated agents are members of another police force.

3. Undercover agents who are not already employees of the State are hired under a fixed-term contract, as provided for in Article 19, paragraph 2 of the law on the personnel of the State of Vaud [C].

4. This regulation is also applicable to contact persons.

1. Additional expenses of undercover agents that are not covered by the allowances provided under the applicable law for the staff of the State of Vaud are reimbursed to the extent that they are essential to the mission of the undercover agents or the role they must fulfill.

2. The additional expenses must be justified and, as far as possible, evidenced by documentation.

1. The State compensates material damages suffered by an undercover agent in the performance of their duties, without any fault on their part.

1. Infiltrated agents and contact persons are also considered to have suffered occupational accidents when accidents occur as a result of an action directed against them in relation to their function.

1. When the employer, following a service provided, represents the rights of the undercover agent or their survivors vis-à-vis third parties, the employer must waive the right to claim damages

a. if it is not possible to keep the true identity of the undercover agent secret, and

b. if this action is likely to seriously endanger the life or physical integrity of the undercover agent or members of their family.

1. If it is deemed essential to take measures aimed at protecting the life and physical integrity of the undercover agent, the contact person, or a member of their family during or after the mission, the engaging authority shall provide appropriate services or bear all or part of the costs.

2. If the endangerment of life or physical integrity is caused or worsened by the intentional wrongful conduct of the entitled party, the engaging authority may accordingly reduce its services or refuse any service.

3. Covering the costs is only possible for measures for which the competent police authority has given prior approval. In case of emergency, prior approval may be waived.

1. The Department of Security and Environment is responsible for the implementation of this regulation, which comes into effect on November 1, 2005.

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