Act on the State Personnel of the Canton of Vaud (LPers-VD) - Objectives (LPERS-VD)

1. The present law aims to

a. establish the principles of the personnel policy and management of the Canton of Vaud (hereinafter: the Canton);

b. determine the rights and obligations of the Canton's personnel;

c. create the necessary conditions to ensure the availability of competent, motivated, and effective personnel for the accomplishment of the Canton's tasks, with a view to providing quality services to the population.

1. This law applies to any person who engages in a regular activity, in a non-elective function, for which they receive a salary from the State.

2. Unless otherwise provided, it also applies, with the exception of Chapter IV, Section I, to persons remunerated by allowances or fees, who engage in regular activities as their main or ancillary occupation.

3. The special provisions of specific laws as well as collective agreements are reserved.

1. The designation of functions and titles applies equally to women and men.

1. Subject to the powers of the Grand Council, the following are responsible for the enforcement of this Act

a. the State Council and, for judicial functions, the Cantonal Court and the Administrative Court;

b. the Human Resources Department;

c. the Joint Commission;

d. the Staff Commissions;

e. the Labour Court of the Cantonal Administration;

f. the Conciliation and Arbitration Body.

1. The Council of State defines the personnel policy.

2. This policy aims, in particular, to create adequate working conditions to encourage the recruitment of competent collaborators, promote ongoing training, develop a work environment conducive to motivation and professional mobility, with the objective of ensuring effective and high-quality service delivery.

3. The Council of State takes necessary measures for the protection of the health and personality of collaborators, especially through provisions to combat harassment and mobbing.

4. It defines measures designed to ensure equality between women and men, notably those allowing the verification that equal pay is respected.

1. In addition to those expressly attributed to it by this law, the Council of State exercises all powers that are not formally assigned to another authority.

2. For specific matters, it may delegate its authority to department heads, service heads, or the Personnel Service.

1. When the Council of State exercises its normative power, it consults the Cantonal Court and the Administrative Court beforehand for judicial functions.

2. In matters of personnel management, the powers of the Council of State, department heads, or service heads are exercised, for judicial functions, by the Cantonal Court and the Administrative Court. They may delegate these powers within the framework of their organizational provisions.

1. In its capacity as a general service, the Human Resources Department (hereinafter: HRD) [A]

a. issues the technical instructions necessary for the application of this law and its regulations and ensures the application of standards, particularly concerning equity and equal treatment. It may intervene directly with the State Council, departments, and services;

b. implements human resources policy, particularly from the perspective of apprentice training, recruitment, professional mobility, job organization, salary policy, job evaluation, succession planning, and development;

c. collects all personnel-related data, notably to enable departments and services to implement and comply with the policy set by the State Council. It provides tools for proactive human resources management. It ensures that all persons called upon to manage personnel have adequate training;

d. observes working conditions and assists employees who encounter temporary professional difficulties by providing a support structure.

2. The HRD may rely on correspondents at the departmental or service level.

1. The Joint Commission (hereinafter: COPAR) comprises thirteen members, twelve of whom are appointed at the beginning and for the duration of the legislature by the Council of State after its renewal. Members may be reappointed.

2. The Council of State, after consultation with the Cantonal Court and the Administrative Court, appoints six members and three alternates; the recognized staff associations appoint six members and three alternates. The appointed members elect a chairperson from among themselves.

3. The modalities of operation, as well as the procedure before the COPAR, are specified by regulation [B].

1. The COPAR

a. renders a decision on appeal when this law grants it such jurisdiction;

b. gives its opinion on any matter that the Council of State or personnel associations submit to it for advice.

1. In each department, major service, or administrative entity, employees may form a personnel committee.

2. Personnel committees operate independently of political, union, or professional organizations, as well as the hierarchy.

3. A regulation [B] defines the method of appointment of the members of the personnel committees, their composition, and their operation. It specifies the material resources at their disposal and the exemptions granted to their members.

1. The staff commission's tasks include, but are not limited to

a. giving its opinion, spontaneously or upon request, on any matter concerning staff or the functioning of the department, major service, or administrative entity;

b. assisting employees before the competent authority;

c. submitting proposals to the competent authority for the improvement of working conditions.

1. The State Council recognizes the unions and the umbrella staff associations (hereinafter: staff associations) that represent the employees of the State.

2. It negotiates with these representatives on proposed amendments to the present law and its implementing regulations, unless otherwise provided.

3. It grants them resources, including in the form of releases from duty, which it determines after discussion with them.

1. Unless otherwise provided by this law or special laws, the Labor Court of the Cantonal Administration (hereinafter: the Tribunal [C]) shall have exclusive jurisdiction over any disputes related to the application of this law, as well as the Federal Act on Gender Equality (Law [D]).

1. The Tribunal has its seat in Lausanne.

2. It is composed of

a. a president and one or more vice-presidents;

b. assessors, who may not be members of the COPAR;

c. the clerk, deputy clerks, and registry staff.

3. Upon recommendation of the Cantonal Court, the Council of State determines the number of vice-presidents, assessor judges, deputy clerks, and registry staff.

4. The president, the vice-president, and the assessor judges are judicial magistrates within the meaning of the Judicial Organisation Act [E]. State employees may be appointed as assessor judges.

5. The clerk, deputy clerks, and registry staff are judicial civil servants within the meaning of the Judicial Organisation Act.

6. The Cantonal Court appoints the president, the vice-presidents, and the assessor judges. The assessor judges are appointed after consultation with the Canton of Vaud and recognized staff associations and trade unions. A regulation may specify the appointment procedure.

7. For each case, the Tribunal is constituted by the president or a vice-president, as well as by two or four assessors, of whom one or two represent the Council of State and one or two represent the staff associations.

8. The vice-president replaces the president in the investigation and judgment of cases.

9. The magistrates and registry staff are remunerated by allowances, as decided by the Council of State.

10. The Judicial Organisation Act is applicable.

11. A regulation [D] specifies the modalities of operation and organisation.

1. The procedure is governed by Articles 103 et seq. of the Vaud Code of Private Judicial Law [F].

2. The venue for the action is in Lausanne.

3. The action is subject to a limitation period of one year when it relates exclusively to monetary claims based notably on contract termination (Articles 58 to 61) and sixty days in other cases. The limitation period begins once the claim becomes due or upon communication of the contested decision.

4. The Federal Act on Gender Equality [D] is reserved.

5. There are no annual legal holidays in disputes provided for in Article 14.

6. The procedure is free of charge when the amount in dispute is less than CHF 30,000.–. Article 108 of the Swiss Code of Civil Procedure (CPC) [G] applies.

7. When the amount in dispute exceeds CHF 30,000.–, the parties shall advance all the costs of evidence administration and translation and half of the flat-rate fees.

8. The reckless party may be required to pay all standard fees in full.

9. The amount in dispute is determined in accordance with Articles 91 to 94 of the CPC.

10. The State is represented by the authority whose decision is contested or by the one it designates.

11. Judgments of the Tribunal rendered from January 1, 2007, anonymized, are published on the internet.

1. The Council of State determines the conditions for accessing public positions and the terms of engagement.

2. It ensures that each position is described through a set of specifications.

3. It may require certain positions to be subject to a solemn pledge.

1. The Council of State appoints heads of department, as well as individuals called to occupy managerial or exposed roles, for which it determines the list.

2. The services are competent for other functions. A regulation specifies the details.

1. Unless otherwise provided, the employment relationships between employees and the State are governed by public law.

2. Engagement and appointment occur in the form of a written contract concluded for an indefinite duration. In exceptional cases, when the activity is time-limited or the organization of work requires it, the contract may be concluded for a fixed term.

1. The employee is subject to a probationary period of three months. Exceptionally, particularly in case of doubt regarding the employee's skills or behavior, the hiring authority may decide to extend the probationary period by a maximum of three months.

2. An appraisal interview takes place during this period.

1. The Council of State may authorize, for a limited duration, the re-employment of staff members benefiting from a retirement pension when it determines a shortage in a specific sector.

2. As an exception, the Council of State may employ a staff member benefiting from a retirement pension, for a limited duration, to undertake a specific task for which they have specialized skills.

3. It shall determine by regulation the terms and conditions applicable to these re-engagements.

1. The engaging authority may assign other tasks to the employee corresponding to their abilities or agree with them on a transfer or transfer them

a. by mutual agreement, particularly when the employee requests it or when the transfer is part of a succession plan;

b. when a reorganization entails a profound modification of the job description or a suppression of the position (Art. 62);

c. when work organization and service needs require it.

2. In principle, transfers under letters b and c do not result in a reduction in salary.

1. In the event of a transfer within the meaning of Article 21, letter a, a new contract is concluded. Generally, the employee is not subject to a new probationary period.

2. The transfer within the meaning of Article 21, letters b and c, is subject to a decision.

1. Employees are entitled to remuneration in the form of

a. a salary corresponding to the position they hold, in proportion to their activity rate;

b. an indemnity or an emolument.

1. The Council of State establishes the salary scale. It sets the number of salary grades and their range.

2. It determines the procedures for salary progression (annual increase) within each grade.

3. The Council of State defines the functions and evaluates them.

1. The State Council adjusts the salary scale to the cost of living on January 1st of each year based on the consumer price index of October of the previous year.

2. After consulting with staff associations, the State Council may decide to partially adjust salaries, not to adjust them, to adjust only certain ones, or to grant an identical amount.

3. To maintain or enhance the attractiveness of the State or when the financial situation of the canton is difficult, the State Council may, for a limited duration, implement exceptional measures in salary policy. These measures shall not exceed 30% of the budget allocated for annual increases. The choice and total amount of these measures are negotiated with staff associations.

4. When required by the labor market, the State Council may decide, for certain categories of positions and on a temporary basis, to increase the maximum amount of a class. The regulations specify the terms.

1. The Council of State determines the criteria governing the establishment of the initial salary.

2. At the beginning of each calendar year and after at least six months of employment, the employee shall receive an annual increase up to the maximum of the pay grade for the position held.

3. In the case of particularly high performance, the hiring authority may grant more significant salary increases. It may also decide to grant the employee a salary exceeding the maximum for the pay grade of the position held. A regulation specifies the conditions.

4. If the employee’s performance is insufficient, the salary may be frozen, at most twice consecutively, subject to cases of transfer or termination.

1. The Council of State defines the benefits in kind and determines their value, as well as the various allowances.

1. The Council of State determines the functions or tasks that give rise to remuneration by allowances or emoluments.

2. It establishes their amount or the criteria that govern their determination.

1. The salary may be offset against any amounts owed by the employee to the State. The State withholds from the salary the contributions due under social insurance. The Code of Obligations [H] applies to any excess.

2. The salary can only be assigned to the extent that it is seizable under the Federal Act on Debt Collection and Bankruptcy [I].

1. Insurance for personnel against the risks of old age, death, disability, illness, and accident is governed by the special laws and regulations relating to these matters.

1. Employees are entitled to family allowances, the amounts and conditions of which are determined by the Council of State.

1. The State Council establishes the right to payment of salary in the event of incapacity to work and during military or civil service.

2. It may conclude a collective loss of earnings insurance, the premiums of which may be partially or fully charged to the employee.

3. The State Council may reduce or eliminate benefits when the incapacity results from the employee’s fault.

4. It takes necessary measures to avoid any abusive accumulation between benefits paid by the employer and those paid by a third party. The State is subrogated to the rights of the employee or their beneficiaries vis-à-vis the responsible third party.

1. The State Council determines the number of vacation weeks for employees. It may provide for a progressive number of weeks depending on age.

1. The service grants its employees

a. maternity leave of four months;

b. breastfeeding leave of one month, which follows maternity leave;

c. paternity leave of twenty working days;

d. leave for a sick child of five days per year;

e. adoption leave of four months;

f. parental leave of a maximum of one year.

2. The leaves under letters a to e are paid and count as time in service.

3. The Council of State determines the conditions for granting leave; it may attach conditions or charges thereto.

4. The services are competent to grant short-term leave, particularly for certain family circumstances.

5. The Council of State may establish extended leave. A regulation [J] determines the conditions and procedures for granting it.

**1. In principle once a year, an assessment interview regarding the collaborator's work is conducted. The purpose of the interview is to evaluate the quality of the collaborator's work. It may result in additional training. The findings are recorded in writing.**

**2. In exceptional cases and with the agreement of the person responsible for the evaluation, the collaborator may be accompanied by a trusted person from their administrative entity. The trusted person does not intervene.**

**3. In the event of a disagreement regarding the findings or the procedure, the evaluated collaborator may appeal to the superior of the person responsible for the evaluation. If the disagreement persists, they may appeal to the Court, whose review is limited to the legality and arbitrariness concerning the evaluation.**

1. The State and the collaborators share the responsibility for maintaining sufficient training.

1. The State entrusts the "Foundation for a Continuing Education Center (CEC)" with the design, development, and implementation of continuing education intended for the employees and apprentices of the Cantonal Administration, as well as for the members of the cantonal authorities.

2. The collaboration between the State and the CEC is the subject of a subsidy agreement.

3. The Council of State is competent to adopt the agreement.

4. The agreement specifies the authority responsible for the monitoring and control of subsidies and defines, in particular, the mandate of the CEC, the billing procedures for courses, and the conditions for the engagement of CEC personnel. It is concluded for a minimum duration of two years, but a maximum of five years.

1. The Supreme Body of the CEP is Composed Primarily of State Representatives.

1. The State of Vaud grants the CEP a subsidy for the fulfillment of its mandate.

2. The subsidy is used to finance the services provided to state entities as well as the investment and operating costs of the foundation that arise from them.

3. The subsidy is incorporated into the budget of the Personnel Service, which ensures its administration.

1. The grant consists of an annual monetary provision.

2. The Council of State determines its amount each year based on the training needs identified by the Personnel Service.

3. When, at the end of the financial year, the amount of the grant exceeds the amount of the actual expenses incurred for the implementation of the training, the CEP reimburses the excess to the State.

1. The CEP shall each year prepare a management report, particularly concerning the activities of the foundation and the use of the subsidy. It shall submit this report to the Council of State along with the income statement, balance sheet, and the auditor's report.

2. Additionally, the CEP is required to provide the authority responsible for monitoring and controlling the subsidy with any information necessary for the performance of its duties.

1. The employing authority may mandate training that it deems necessary for maintaining the employee's performance level. The Council of State determines to what extent it provides the necessary time and resources.

1. Each year, the employee is entitled to a training leave of three days, during working hours, for the purpose of professional development. The choice of training is approved by the head of the department or the person they have designated.

2. The Council of State may establish other training leaves of longer duration, whether paid or unpaid.

3. Regulation [K] defines the terms and specifies the scope of these rights.

1. The liability of employees for damage caused to third parties in the performance of their duties is governed by the cantonal law on the liability of the State, municipalities, and their agents [L] or by the provisions of federal law.

2. The Council of State determines the financial assistance it provides to employees whose liability is governed by federal law.

1. The employee prosecuted for an act committed in the performance of their professional duties shall immediately inform the employing authority, which will decide to what extent assistance for their defense is warranted.

1. The right of association is guaranteed to State employees, subject to the obligations imposed by this law, and within the limits of federal and cantonal law.

2. In exceptional cases, particularly in the event of a threat to public order or other imminent and serious dangers, the Council of State may decide to restrict this right.

1. The employee may request a service interview with their supervisor at any time.

1. State employees are free to choose their place of residence at a location of their preference.

2. The employing authority may impose a place of residence on the employee if the requirements of performing the professional activity demand it.

1. Employees have the right to access their personal files.

2. A regulation [J] defines the terms of access.

1. Employees are informed about the activities of the State and, more specifically, the decisions made in the area of personnel. Whenever possible, they receive this information directly or through representative bodies before the decision comes into effect.

1. The Code of Obligations [H] applies as supplemental cantonal law concerning work certificates and inventions.

1. The Council of State sets the weekly duration of work.

2. Any overtime, ordered by the head of service or the person designated by them, is compensated by leave. The Council of State sets the maximum number in a regulation. In exceptional cases, they may be remunerated at a rate fixed by the Council of State.

3. Weekends and public holidays give rise to special remuneration, as well as night hours, which are additionally compensated in a particular manner.

1. The Council of State may establish models for the organization of working time.

2. A regulation [J] determines the conditions under which a model is chosen.

3. Any potential dispute is submitted to the COPAR, which makes a final decision.

1. The collaborator commits to providing quality services. They perform their tasks with a focus on efficiency and professional diligence. They work in a spirit of mutual assistance and collaboration.

2. The collaborator must act, under all circumstances, in a professional manner and in accordance with the interests of the State and public service, respecting current standards, missions, and directives from their superior.

3. The collaborator who has personnel under their command ensures to assign tasks fairly, taking into account the job description, workload, and each person's skills. They clearly define their expectations regarding missions, tasks, and objectives. They provide the necessary resources and ensure sufficient oversight of the activity.

1. Employees inform the appointing authority of any secondary activities they are engaged in or wish to engage in.

2. The Council of State may prohibit employees from engaging in a secondary activity that is incompatible with their function within the State.

3. The Council of State determines the conditions under which employees may accept a public office. It establishes the list of activities that are incompatible with holding a public office. It sets the duration of the leave granted for the exercise of an authorized public office.

1. Employees and the State shall respect industrial peace.

2. A strike is lawful under the following cumulative conditions

a. it relates to employment relations;

b. it concerns a collective dispute;

c. the conciliation body has been seized and has issued a record of non-conciliation;

d. it is proportionate to the intended objective and is used only as a last resort.

3. Employees who abstain from work, in accordance with paragraph 2, are in principle not remunerated.

4. In the event of non-compliance with the conditions set out in paragraph 2, the Council of State shall take appropriate measures.

5. A minimum service shall be ensured in sectors where a work stoppage would jeopardise essential services to the population. The Council of State shall determine the sectors of activity and provide for the modalities of the minimum service.

1. The conciliation body is composed of three persons appointed for the duration of the legislative term by the Cantonal Tribunal at the beginning of each legislative term.

2. Upon being seized, the conciliation body summons the parties, namely the representatives of the employer and those of the employees. It attempts conciliation for as long as an amicable solution is foreseeable. In the event of failure, it issues a deed of non-conciliation.

3. After the determination of the failure of conciliation, the parties may decide, no later than ten days after receipt of the deed of non-conciliation, to submit the dispute to arbitration by the persons designated in the first paragraph. The arbitral award is final and binding on the parties.

4. A regulation specifies the modalities.

1. Employment relationships are terminated by

a. death;

b. retirement;

c. disability;

d. resignation;

e. termination of the contract;

f. abolition of the position.

1. Termination of the employment contract

1. when the employee exercises their right to retirement in accordance with the provisions governing the State of Vaud Pension Fund;

2. when the employee reaches the maximum age set by the provisions governing the State of Vaud Pension Fund. The employer shall inform the employee thereof at least six months before the due date.

2. With the agreement of the person concerned, the Council of State may, exceptionally, extend the employment relationship at most until the age provided for by the Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans [N].

1. The State Council may establish retirement incentive programs.

2. A regulation defines the modalities of these programs and their financing.

1. The employment contract automatically terminates on the day before the entitlement to a total and permanent disability benefit arises.

2. In the event of partial disability, the employing authority adjusts the employment contract. If the employee is no longer able to perform their previous duties, another position matching their abilities is offered. If this is not possible, the contract is terminated with the notice period provided for in Article 59, paragraph 1.

1. During the probationary period, either party may freely terminate the contract with a notice period of seven days.

1. Unless otherwise agreed, the employee or the employing authority may terminate the contract with one month's notice for the end of a month during the first year, and with three months' notice for the end of a month from the second year onwards.

2. The Council of State may agree to longer notice periods and specific departure arrangements for certain categories of positions.

3. Subject to the application of Articles 61 and 63, the employing authority may only terminate the contract after having issued a written warning. A regulation shall specify the procedure. The employing authority shall justify the termination by

a. the violation of legal or contractual duties;

b. proven unsuitability;

c. the lasting disappearance of the conditions of employment set out in a normative text or in the employment contract.

1. The party that terminates abusively, or whose termination is not based on one of the grounds specified in Article 59, must pay compensation to the other party.

2. The compensation is calculated according to the number of years of service, namely

a. from 1 to 5 years, 3 months' salary;

b. from 6 to 10 years, 6 months' salary;

c. from 11 to 15 years, 9 months' salary;

d. from 16 years onwards, 12 months' salary.

3. If the termination is deemed abusive or not based on one of the grounds provided for in Article 59, the hiring authority, in collaboration with the SPEV, shall offer the employee an equivalent position within the Administration, provided that an equivalent position is available. In this case, if the employee accepts, the State shall pay them equitable compensation for the loss of earnings suffered.

4. When the termination is abusive, within the meaning of Article 336, paragraph 2, letter a CO [H], the employee has the choice between reinstatement with the State in an equivalent position or the payment of compensation.

5. Articles 336c and 336d CO apply as subsidiary cantonal law.

1. The contracting authority or the employee may terminate the contract immediately at any time for just cause. Just cause is considered to include any circumstances which, according to the rules of good faith, do not allow the party giving the notice to reasonably expect the continuation of the employment relationship.

2. Articles 337b and 337c of the Swiss Code of Obligations [CO] apply as supplementary cantonal law.

1. When a position is eliminated or a structural change occurs to the extent that the employee can no longer fulfill their job duties, they are transferred, to the extent that positions are available, to a role corresponding to their training and capacities. If necessary, training is organized at the expense of the State.

2. If the measures provided for in the first paragraph are not feasible, the department head terminates the contract with a notice period of six months. Article 60, paragraph 2 is applicable, unless the employee has refused the transfer to a suitable position, as defined by the unemployment law [O].

1. If a significant number of positions within the same sector are expected to be eliminated, the Council of State, after negotiation with employee associations, establishes a social plan.

2. Before proceeding with collective dismissal, the Council of State provides employee associations with the opportunity to propose alternative solutions.

1. Upon the entry into force of this law, individuals appointed under the law of June 9, 1947, on the general status of cantonal public functions, as well as those appointed pursuant to other provisions of Vaud legislation, shall be engaged under an administrative law contract.

1. The Council of State shall submit to the Grand Council, within one year from the entry into force of this law, the necessary legislative amendments to adapt other legal provisions relating to personnel.

1. The statutory procedures for dismissal for just cause or warning, initiated before the entry into force of this law, are handled in accordance with the Law of June 9, 1947, on the General Status of Cantonal Public Functions.

1. Upon the entry into force of this law and the implementation provisions related to the COPAR, the Council of State shall proceed with the appointment of its members until the end of the current legislative period.

2. Upon the entry into force of this law, the Cantonal Court shall proceed, until the end of the legislature, with the appointment of the members of the conciliation and arbitration body.

1. With the exception of articles 49, 51, 51bis, 52, and 53, paragraph 1, the law of June 9, 1947, on the general status of cantonal public functions is repealed.

2. The Council of State is authorized to repeal the legal provisions mentioned in the first paragraph as the adoption and entry into force of regulatory standards concerning these matters progress.

3. By decree, the Council of State may amend article 53, paragraph 1 of the law of June 9, 1947, on the general status of cantonal public functions to set the amount of annual increases.

1. Until the entry into force of a law on information, the information policy is regulated as follows.

2. The principle of transparency applies to the information of which employees become aware in the exercise of their professional activities. Prevailing public and private interests and all secrets protected by other laws are reserved.

3. The Council of State determines which information is subject to authorization before its transmission.

4. A regulation sets out the modalities and the procedure.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 27, number 2, of the Cantonal Constitution and, subject to paragraph 2, shall set by decree the date of its entry into force.

2. If Article 63 of the March 1, 1885 Constitution of the Canton of Vaud is not repealed, the present law shall not enter into force.