Implementing regulation of the Act of 12 November 2001 on the Personnel of the State of Vaud (RLPers-VD) - Purpose (RLPERS-VD)

1. The purpose of this regulation is to supplement and clarify the provisions of the law of 12 November 2001 concerning the personnel of the State of Vaud (hereinafter: Lpers [A]), in areas not covered by a specific regulation.

1. In these regulations

- Lpers: Act of 12 November 2001 on the personnel of the State of Vaud [A];

- Hiring authority: the service, acting through the head of service, or the Council of State depending on the level of the position;

- HR Manager: Human Resources Manager, responsible for supporting services in personnel management (reporting to the Personnel Department (hereinafter: SPEV), Article 8, paragraph 2 Lpers);

- Designated person: a person to whom the hiring authority, or the head of service, delegates a part of their powers when the Lpers or regulatory provisions allow it;

- Administrative entity: a part of the service (establishment, office, or administrative unit).

2. When the hiring authority is the Council of State, decisions taken pursuant to the regulatory provisions of the Lpers fall under the responsibility of the head of department.

3. The Council of State determines the organisation of human resources at the departmental and service levels, as well as their mission.

1. Apprentices employed by the State are subject to the Code of Obligations (hereinafter referred to as: CO [C]) as well as to cantonal [D] and federal [E] legislation on vocational training.

2. Aspects not addressed by the first paragraph or the present regulation are covered by a directive of the Council of State.

1. The State Council establishes a cantonal commission for the coordination of apprentices.

2. The commission examines all issues related to apprentices and their working conditions. It submits its proposals for improvement to the State Council through the SPEV.

1. The Council of State guides its human resources policy based on its legislative program, the needs of employees, and labor market developments.

2. In order to measure the achievement of the Council of State's policy objectives, the SPEV establishes a management system comprising dashboards.

3. The SPEV or the departments assess the level of employee satisfaction. The departments transmit their data to the SPEV.

4. The SPEV evaluates working conditions in the State and compares them to those in the job market to verify the relevance of the personnel policy in the State of Vaud.

5. The SPEV supports departments in improving their human resources management.

6. Where applicable, it proposes necessary adjustments to the Council of State.

1. The employee who, due to their professional activity, has suffered harm from a user may request support or financial assistance from the State, particularly with a view to initiating any civil or criminal proceedings.

2. The employee submits their request to the head of the department or the designated person. The department processes the request with the support of the SPEV or the Department of Justice, Internal Affairs, and Religious Affairs.

1. The State compensates the collaborator who has suffered, in the exercise of their professional activity, a serious non-material harm caused by another collaborator that has resulted in a loss.

2. It provides forms of compensation proportional to the nature of the harm suffered and in accordance with the interests of the collaborator, taking into account all circumstances.

3. Where applicable, it ensures that the concerned collaborator is provided with professional activity corresponding to their capacities and an equivalent function.

1. To promote the professional mobility of collaborators, the SPEV provides them with

a. an information system (job exchange);

b. support and advice;

c. a skills assessment (diagnostic tool).

2. A SPEV directive specifies the modalities and conditions relating to the skills assessment, particularly concerning the coverage of related costs and the time made available.

1. With the aim of assisting employees, the SPEV provides support to those who, in their position or function, face significant professional difficulties, but whose incapacity, medically certified, is neither permanent nor total.

1. Upon a justified request from the employee, the department, or both, the SPEV analyzes the situation to determine the origin of the difficulties.

2. It collaborates with the human resources manager and, if necessary, with the cantonal doctor.

3. When its analysis results in the possibility of professional reclassification, the SPEV submits its proposals to the employee and the department after involving them in the search for a solution.

4. Accepted proposals are recorded in writing in the form of an agreement, initialed by the employee and their department.

1. The agreement may provide for

a. the retention of the collaborator in their department;

b. the temporary placement or transfer of the collaborator to another department or administrative entity.

1. The retention of the employee in their service is accompanied by appropriate measures, such as continuous training, modification of the job description, change of position and/or function or their level. These measures are subject to an agreement.

2. The employee benefits from support provided by the SPEV.

1. The placement is generally carried out for a maximum duration of six months. The placed employee does not occupy a vacant position.

2. The transfer is carried out on a provisional basis for a duration of three months. The transferred employee occupies a vacant position.

3. The employee's employment contract is not modified.

4. During the placement or provisional transfer, the employee's work is subject to observation and evaluation. An interim work certificate is issued.

5. A directive from the SPVA specifies the modalities.

1. At the end of the placement

a. the employee may be transferred, if their performance is satisfactory and if a suitable position, within the meaning of Article 62 Lpers [A], is available, or

b. the employee returns to their department.

2. At the end of the provisional transfer

a. the employee is definitively transferred, if their performance is satisfactory, or

b. the provisional transfer is extended by three months, if a definitive assessment is premature and if the transfer did not follow a placement, or

c. the employee returns to their department.

1. In the event of a permanent transfer, a new employment contract is concluded between the employee and the new department.

1. When a definitive transfer could not be completed, the service may terminate the contract in accordance with Article 59 Lpers [A].

1. The employee may be accompanied by a trusted person.

1. The Council of State recognizes the unions and umbrella associations of personnel whose purpose is the defense of the interests of State employees.

1. The recognition granted by the Council of State allows the trade union or the umbrella staff association to have an overall annual leave equivalent to 60 working days, but no more than fifteen days per member, subject to a specific agreement made with the Council of State.

2. The leave can only be used by a state employee.

3. Recognized trade unions and umbrella staff associations are provided with means for carrying out their activities, including meeting rooms and notice boards.

1. The employee may submit a written request regarding their situation at any time.

2. The request is addressed, through the service, to the competent authority, which acknowledges receipt and specifies the timeframe within which the request will be processed, which in principle does not exceed 60 days.

3. The request is dismissed if it concerns a subject that has already been the subject of a final decision.

1. Disputes that may be submitted to the Prud'hommes Tribunal of the Cantonal Administration, pursuant to Article 14, paragraph 1 Lpers [A], may be subject to a request for reconsideration, unless the decision expressly indicates that it may be contested before the said Tribunal.

1. The employee may submit a written and reasoned request for reconsideration to the authority that made the decision, within twenty days of receiving it.

2. The competent authority shall acknowledge receipt and indicate the time frame within which the request will be processed.

1. The Council of State may establish a specific request and review procedure for service head positions for which it is the appointing authority.

1. Within the framework of the request or review procedure, the associate may be accompanied by a trusted person.

1. The appointing authority examines the necessity of the position to be filled and its profile.

2. The SPEV defines the level of the position.

1. After the review provided for in Article 25, the SPEV shall announce the position through an advertisement in an appropriate medium and by the means of information used within the Vaud Cantonal Administration.

2. Magistrate positions are not subject to this procedure.

1. The committing authority, with the prior agreement of the SPEV, does not proceed with an open competition when the position will be filled by

a. appointment;

b. transfer.

1. The published announcement contains details about the job description, the conditions related to the position, the application deadline, and, in principle, the salary level.

1. For certain positions, specific conditions, particularly regarding Swiss nationality or place of residence, may be required.

1. The contracting authority establishes the specifications.

2. It adapts this document to the evolution of the position.

1. Independent of the cases provided for by special laws or by the contract, the Council of State determines by general provisions the collaborators who must make a solemn promise at the time of their assumption of duty. It also designates the competent authority to receive this promise.

2. If no other is provided for by special law, the solemn promise is made according to the following formula: "You promise to be faithful to the Federal Constitution and the Constitution of the Canton of Vaud, to uphold and defend the freedom and independence of the country, to perform your duties with conscience, diligence, and loyalty, and to strictly adhere to the general and specific duties that are or will be imposed upon you by the laws and their regulatory provisions."

3. "You thus promise to act in all circumstances in accordance with the interests of the State and to refrain from anything that could cause it loss or damage."

1. The engagement of employees falls under the responsibility of the head of the department. This individual may delegate this responsibility to one or more persons within their department. They communicate their names to the SPEV, which maintains an up-to-date list, as well as to the department head for informational purposes.

1. The contract concluded between the employee and the State shall be in written form.

2. It shall be signed by the employee and the head of service or the designated person.

3. The contract shall contain the essential elements, namely the commencement of employment, the position, the level of remuneration, the activity rate, and, if applicable, the workplace.

4. After the probationary period, the appointing authority shall confirm the employee in their position, in the form of an appointment which, if necessary, indicates the administrative or geographical entity to which the employee is assigned.

1. The contracting authority may enter into a fixed-term contract with an employee to fulfill a specific task limited in time, particularly for a replacement. The employee occupies a position.

2. The employee benefits from a contract that does not exceed two years. The contract may not be renewed more than three times. If the total contractual duration resulting from consecutive renewals in the same position or function exceeds four years, the contract automatically becomes of indefinite duration.

3. A directive from the Council of State specifies the other conditions and modalities.

1. Before the expiration of the trial period, the appointing authority shall notify in writing the decision to extend it.

2. In this case, a new appraisal interview takes place.

1. Re-engaging personnel who are recipients of a retirement pension is subject to the following cumulative conditions

a. the retiree's salary is set according to ordinary rules, in line with the requirements and responsibilities associated with the position;

b. retirement benefits from the State of Vaud Pension Fund are paid in addition, with the exception of the OASI bridging pension, which the retiree undertakes to waive for the entire duration of the contract

- fully when the amount of the bridging pension is less than the remuneration;

- partially when the amount of the bridging pension is greater than the remuneration, i.e., up to the amount of the remuneration;

c. the retiree is engaged under a fixed-term contract whose duration does not, in principle, exceed one year;

d. notwithstanding Article 34, paragraph 2, the contract may be renewed without limit, subject to letter e below;

e. the age of the re-engaged and active retiree does not exceed 70 full years.

1. In the event of a transfer within the meaning of Article 21, Letter a Lpers [A], a new contract is concluded if the employee changes departments. The employee retains the rights linked to seniority.

1. A transfer within the meaning of Article 21, letters b or c Lpers [A], shall be subject to a new designation by the hiring authority.

1. The level of each function is predetermined by the SPEV based on the results of an evaluation method chosen by the Council of State.

2. The result is transmitted to an ad hoc commission composed equally of three representatives of the State and three representatives of the employees. A specific regulation sets the terms for the constitution and operation of the commission.

1. Each position is generally assigned a function.

2. The Council of State establishes, through directives, the procedure for organizing and evaluating the level of positions.

1. When the employee's job description is modified to the extent that it implies a change of function

a. the employee's nominal salary is maintained if the new function is inferior to the previous one and the change is not attributable to the employee;

b. ...

2. Article 15 is reserved.

1. The appointing authority may grant an employee with particularly high performance one or two additional annual salary increases, without exceeding the maximum salary of the final class stipulated for the position.

2. The justification for the particularly high performance is recorded in an ad hoc document.

3. The increases take effect at the beginning of the calendar year.

4. To decide on the freezing of salary in the case of insufficient performance, the appointing authority proceeds in accordance with paragraph 2.

1. After ten years of service, a longevity bonus is paid every five years.

2. An employee who retires may receive a farewell gift.

3. The Council of State sets the various amounts through directives.

1. Employees are entitled to reimbursement for expenses and disbursements that their activities necessitate.

2. The Council of State decides the cases in which reimbursement is due and on what basis the amount is determined.

3. A relocation allowance may be granted to the transferred employee.

2. An allowance for on-call duty is paid according to the terms established by the Council of State.

1. The remuneration includes benefits in kind (housing, maintenance, etc.) that may be provided by the State.

2. When an employee receives such benefits, their salary may be reduced to account for them, in whole or in part.

3. The Council of State sets the amount or basis for the deduction, through general provisions or specific decisions. It equitably considers all circumstances, including the extent and value of the benefits, the cost of living, the composition of the beneficiary's family, and the advantages and disadvantages resulting from the employee having to accept the benefits in kind.

1. Employees receive child allowances in accordance with the provisions of the Vaud legislation on family allowances [F].

2. The Council of State sets the amount of the allowances by directive. The provisions of federal law regarding the calculation of differential allowances are reserved.

3. …

1. In the event of absence due to illness or accident, as evidenced by a medical certificate, salary shall be paid, subject to paragraph 3,

a. for employees during their probationary period for one month;

b. for employees engaged under an indefinite-term contract, in full for the first twelve months and at four-fifths for the following three months;

c. for employees engaged under a fixed-term contract and apprentices,

- during the 1st year for one month;

- during the 2nd year for two months;

- from the 3rd year onwards for four months.

2. In all cases, the right to salary ceases from the date on which the employee is recognized as definitively disabled in accordance with the provisions governing the State of Vaud Pension Fund.

3. In particularly compelling cases, the hiring authority, upon recommendation from the SPEV, may go beyond these norms. Conversely, it may reduce or discontinue the State's benefits when the accident or illness is due to the employee's fault.

4. It may make the right to salary conditional upon a check-up performed by a medical advisor.

1. The employee who is sick or injured must immediately inform the appointing authority or the designated person. They must specify the nature of the absence. If the absence extends beyond three days, the employee must provide a medical certificate.

2. If the absences are prolonged or repeated, the appointing authority will refer the case to the advisory physician.

3. In each case of illness or accident, the benefits that the individual received during the two-year period preceding the start of the new absence will be deducted from the duration of the benefits provided for under Article 58.

1. In the event of absence due to military service, employees are entitled to their full salary. The same applies if they fulfill their military obligations in one go (long service).

2. In the case of advancement service as defined by federal legislation, the salary is reduced by 10% for employees with family responsibilities and by 25% for other employees.

3. The salary reductions provided for in paragraph 2 are only applied for the duration of service that exceeds that specified in the first paragraph or that does not coincide with vacation time.

4. Allowances provided under the federal law on the loss of earnings compensation scheme for persons required to perform military or civil protection service [G] are allocated to the State up to the amount of the salary paid.

5. The payment of salary is subject to a period of service obligation after the last service rendered, failing which the employee will be required to reimburse pro rata temporis the difference between the salary received and the allowances collected by the State from the Compensation Fund.

6. The SPEV determines the period of service obligation required after basic training and advancement services for State service.

7. The same provisions apply when employees fulfill their military obligations in one go (long service), if they are subject to civil protection, or undertake civilian service.

1. Advancement service refers to the services performed in schools and special courses provided for, by federal legislation, in order to obtain a degree.

2. Advancement service only results in a salary reduction to the extent that it exceeds, for the current year, the duration of ordinary service. Furthermore, no reduction is made when the advancement service coincides with the holidays.

3. When the holidays have been reduced due to prolonged military service, no salary reduction is applied for the number of days corresponding to this reduction.

1. Benefits from compensation funds allocated to employees due to their work in the service of the administration are acquired by the State up to the amount of the salary paid.

2. The employee is required to take all necessary measures to ensure that their compensation card reaches their employing service, which is responsible for forwarding it immediately to the SPEV.

3. The State reimburses the employee who is mandatorily exempted from service under federal legislation for the portion of the military tax related to their salary.

1. Each administrative department or entity maintains an updated record of absences (sickness, accident, military service, vacation, leave, etc.) which may be reviewed by the SPEV.

2. The departments, the Cantonal Court, and the Administrative Court promptly report to the SPEV any absences resulting in a salary reduction.

1. Employees whose holidays are not determined by special laws or regulations or by specific contractual provisions are entitled, each calendar year, to the following holidays

a. up to the age of 59 complete years, five weeks;

b. from the year in which they reach the age of 60, six weeks.

2. An employee who commences or ceases their activity during a year is entitled, for that year, to holidays proportional to the duration of their activity.

3. The hiring authority shall set the dates of holidays, taking into account the employee's wishes insofar as compatible with the interests of the service.

4. The holiday period must include at least two consecutive weeks, with the remainder being divisible as long as the purpose of the holidays (rest) remains achievable.

**1. As soon as they exceed a total of sixty days per calendar year, absences (illness, accident, military or civil service - with the exception of fulfilling long-term military obligations in one instance), result in a reduction of vacation by 1/12th per full month of absence starting from and including the second month of absence.**

**2. When an absence that results in a reduction of vacation occurs after the vacations for the current year have been taken, the reduction applies to the vacations of the following year.**

**3. Vacations are granted and taken during the corresponding calendar year. They may exceptionally be deferred to the following year, typically up to April 30 at the latest, subject to the express authorization of the employing authority or the designated person.**

1. The service grants the employee, based on a medical certificate, maternity leave which commences on the day of childbirth.

2. This leave cannot be divided.

1. Maternity leave is granted to employees who meet the conditions set forth by the Federal Act on Compensation for Loss of Earnings for Service and Maternity [G].

2. For those who do not meet the conditions established by the aforementioned law, a directive from the Council of State specifies the terms of granting leave, particularly the possibility of providing a service period.

1. A directive from the Council of State regulates the terms and conditions for granting maternity leave.

1. No later than the end of the second month of maternity leave, the employee shall inform the department in writing of her intention to request breastfeeding leave, with the intention of primarily feeding her child in this manner.

1. No later than the end of maternity leave, the service grants breastfeeding leave upon presentation of a medical certificate confirming breastfeeding.

1. Upon presentation of the birth certificate or an official document, the employee is entitled to paternity leave.

2. The leave may be taken all at once, split into blocks of several consecutive days, or taken as individual days.

3. It must be taken no later than six months following the birth of the child.

4. The leave is also granted to the same-gender partner of the child's legal parent, regardless of whether it is a man or a woman, provided they live together and contribute to the care of the child.

1. The service grants the employee family leave in the event of a child's illness or accident. For large families, special provisions may be made upon notice from the SPEV.

2. Leave is granted up to a maximum of five days per year to the employee who is responsible for or effectively takes care of a child.

3. In order to avoid accumulation, it is granted to one of the parents when both are employed by the State.

4. The service may require the presentation of a medical certificate.

1. Upon the granting of the authorization to host a child for adoption, the employee is entitled to adoption leave.

2. The leave is granted provided that the employee has requested it no later than upon receipt of the authorization to host.

3. ...

1. The service grants leave to one of the parents when both are employed by the State.

2. Upon request by the couple, the leave may be divided between the spouses.

1. The service grants unpaid parental leave to the employee who wishes to suspend their work to dedicate time to their child.

2. It is granted once per child.

1. Parental leave is granted under the following conditions

a. the child is a maximum of 12 years old on the date the leave begins;

b. the employee submits their request to the department at least three months before the date on which they wish to take the leave;

c. the employee has been continuously employed by the State for at least twelve months (length of service).

2. Subject to letters a and b, parental leave for another child shall be granted provided that the employee has been continuously employed for at least two years since the expiry of the last parental leave.

1. The leave is at least six months.

2. It cannot be split.

1. Notwithstanding Article 81, a parental leave of less than six months, but at least two months, may be granted to the mother when it immediately follows maternity leave and/or breastfeeding leave.

2. In this case, the employee shall, in principle, submit her request no later than one month before the start date of the leave.

1. The employee is entitled to short-term paid leave in the following cases

- for the employee's marriage or in the event of a registered partnership: 4 days

- in the event of death (spouse, registered partner, child, father or mother, cohabiting partner): up to 3 days

- for other significant family circumstances: up to 2 days

- for a change of domicile (relocation): up to 2 days

- for appearance before a court or before federal, cantonal, or communal authorities: the necessary time

- for weapon inspections, for firefighting service in the event of a disaster, and for rapid intervention training of civil protection in the event of a catastrophe: the necessary time

- for participation in the annual delegates' assembly of the Federation of Magistrates', Civil Servants' and State Employees' Associations of the Canton of Vaud: half a day

- for participation in the triennial congress of the Swiss Public Services Union - VPOD: up to 3 days

2. Exceptionally, the department may grant other short-term leave of up to ten working days in particular circumstances.

3. A directive from the SPEV specifies the terms and conditions for granting the leave mentioned in paragraphs 1 and 2.

1. The department may grant extended leave to employees who wish to suspend their activity, based on a justified request, provided that the department's activities are not disrupted.

2. An equivalent position is guaranteed for the employee.

3. A directive from SPEV governs the terms of the leave.

1. The performance appraisal interview is recorded in a form signed by both the employee and the appraising manager. It is validated by the appointing authority.

2. The appraised employee may request a reflection period of up to five days before signing the document.

1. When the person responsible for the assessment agrees that the employee may be accompanied, they can request the presence of a fellow employee from the department or service.

1. The original form is inserted into the employee's personal file. A copy is given to the employee and to the appraisal manager.

1. When the head of the department is responsible for the evaluation, any disagreement regarding the findings or the procedure in the sense of Article 36, paragraph 3 of the Personnel Act [A] is submitted to the State Council's Delegation on Human Resources.

1. Any important fact likely to expose the State to a claim for damages is immediately reported to the hierarchical superior, who takes all necessary measures to collect and preserve the evidence.

1. When an employee, whose liability is governed by federal law, is sued for damages caused to a third party in the performance of their duties, the Council of State grants them an advance for the legal costs and pays the injured party, on behalf of the employee, the compensation imposed on them by the court, if applicable.

2. The Council of State may withdraw its assistance, or even refuse to pay the compensation, if its interests are seriously compromised in the lawsuit by the employee being sued.

1. For the amounts disbursed under Article 90, the State has a right of recourse against the associate who committed the harmful act either intentionally, or through gross negligence or recklessness.

2. This right is prescribed within one year from the day the associate was acknowledged as a debtor by a final judgment, settlement, compromise, or in any other manner, and in all cases within ten years from the harmful act.

1. The service interview concerns any matters related to working conditions.

2. The employee submits their request, in principle in writing, indicating the aspects they wish to discuss.

3. It takes place between the employee, who may be accompanied, and their supervisor; they determine any possible follow-up actions.

4. If the subject of the interview has already been addressed or a decision has been made, the supervisor may refuse to follow up on the employee's request.

1. The election of a domicile abroad requires prior authorization from the appointing authority upon the advice of the SPEV. It may be authorized particularly in cases worthy of interest; Article 44, paragraph 2 of the Lpers [A] is reserved.

1. A restriction within the meaning of Article 42, paragraph 2 of the Lpers [A], is specified in the terms of reference. This restriction, if applicable, is indicated in the form of a residential radius and is included in the employment contract.

1. The provisions of this subsection aim to protect the rights of employees and job applicants when data concerning them is processed by the State.

2. The management of data for administrative purposes does not fall under the processing of personal data.

1. The State may only process data concerning the collaborator to the extent that such data pertains to the collaborator's ability to perform their function or is necessary for the execution of the contract.

1. The contracting authority, the human resources manager, and the SPEV are authorized, for the completion of their task, to process the personal data of employees or job applicants.

2. They are responsible for the processing of personal data to which they have access.

1. The service informs the employee of the provisions related to the processing of their personal and technical file.

1. The processing of personal data is subject to the consent of the employee or the job applicant.

2. The latter is previously informed of the foreseeable consequences of the data processing concerning them, particularly when it involves sensitive data or when the processing is likely to infringe on the legitimate interests of the individual concerned.

1. Personal data refers to all information relating to a person, including state employees.

1. Sensitive data are personal data that relate to

- political, religious, trade union or philosophical opinions and activities;

- the intimate sphere;

- the personality profile;

- criminal or administrative sanctions.

2. With the exception of criminal and administrative sanctions pronounced against the collaborator during their activity within the State, the collection, storage and communication of sensitive data are prohibited, except in exceptional circumstances or with the agreement of the collaborator.

1. Processing of personal data means

a. collecting;

b. storing;

c. communicating;

d. destroying.

1. Data Collection Must Be Transparent and Primarily Collected from the Employee or Job Candidate.

1. Data collection may be conducted from a third party if necessary.

2. This procedure requires the written consent of the concerned employee.

3. The consent of the employee or the job applicant is presumed if information is obtained from the references listed in their application file or provided by the applicant.

1. Personal data is stored in a personal file, kept in a secure place, with the designated service or entity.

1. The personal file contains

a. the contract and the appointment, as well as any amendments thereto;

b. the job description;

c. the appraisal interview documents;

d. the certificate of continuing education courses;

e. the documents exchanged and any decisions;

f. all other documents concerning the employee and their activity.

2. The documents in the file are listed on a transmittal slip.

3. A technical file is created with the SPEV. It contains the data necessary to meet the employer's legal obligations.

4. The files of employees hired by the Council of State are kept under the responsibility of the head of department.

5. In the event of an employee's transfer to another department, the entire personal file is handed over to the new department.

1. At any time, the employee may request to review their personal file and technical file.

2. The file is reviewed on-site. The employee may obtain copies of the documents contained therein.

1. The employee may request the correction of inaccurate data concerning them or the deletion of outdated or inadequate data, unless such data must be retained as evidence in accordance with a legal standard.

1. The employing authority, the human resources manager, and the SPEV may exchange personal data either in paper form or electronically. In the latter case, the cantonal provisions on data protection apply.

1. Personal data may only be disclosed to third parties if the individual concerned has given prior written consent.

1. Personal data shall be destroyed ten years after the employee has left the State, subject to cantonal provisions regarding the disposal of documents and technical data.

1. Personal data of a job applicant must be destroyed or returned to the applicant as soon as the service or the PEVS no longer needs it, but no later than 12 months after the last interview.

2. A longer period may be agreed upon.

1. The employment certificate is issued by the employing authority, which signs it.

1. The selection and implementation of the work schedule shall take into account the needs of users, the requirements of the service, and the interests of the employees.

1. The regular weekly duration of work is 41 hours and 30 minutes, or 8 hours and 18 minutes per day.

1. The maximum duration of effective working time is

- 11 hours per day when flexible working hours are applied;

- 10 hours 30 minutes when overtime is ordered.

2. Exceptions to the maximum limits provided in the first paragraph may be allowed in sectors subject to continuous activity (24 hours/day), within the limits of the Federal Labor Law [H] or in case of agreement between the parties.

3. This maximum duration does not apply to functions covered by Article 121.

1. Subject to the selection of a specific work time arrangement system, the services shall implement flexible working hours.

2. The employee may freely manage their working time within the limits set forth in paragraph 3.

3. For full-time activity, the actual working time may have a positive balance of up to a maximum of 60 hours or a negative balance of up to a maximum of 30 hours.

4. The flexible working schedule is governed by a directive from the SPEV, which specifically includes fixed working periods and the management of variations in working time.

1. Upon the proposal of the department head or collaborators, administrative services or entities may choose a particular system for organizing working hours, taking into account the principles set forth in Article 114.

2. A chosen collective system is subject to the agreement of three-quarters of the concerned collaborators.

3. The SPEV provides the services with models of organization, which may be adapted if necessary.

1. Telework consists of performing, on a regular or occasional basis, a portion of one's tasks from a location outside the Administration, typically from one's home.

1. There is no right to telework and telework cannot be imposed.

2. The issuance and revocation of telework authorization fall under the responsibility of the recruiting authority, in compliance with the guidelines of the human resources department [I].

3. The authorization to perform regular telework is formalized in an agreement that sets out the practical terms of telework and reminds the employee of their duties, particularly concerning security and data protection.

4. Either party may terminate telework at any time when the necessary personal, professional, or organizational conditions are no longer met or change. Unless there are valid reasons or an alternative agreement, the notice period is one month.

1. Telework may be conducted from Monday to Friday, between 6:00 a.m. and 8:00 p.m.

2. The system of working time arrangements in force within the service applies during telework.

3. Unless otherwise agreed, the employee freely organizes their working hours during the time slot mentioned in para. 1, while respecting legal provisions concerning occupational health. They record actual working hours in the time tracking system.

4. Overtime cannot be required of the employee during telework.

5. The maximum duration of daily actual telework is 11 hours.

6. A directive from the Human Resources Department [I] defines the modalities of time management.

1. The collaborator provides a workspace that, by its size and arrangement, meets the requirements of safety and ergonomics and allows them to work effectively.

2. Telecommuting does not entitle one to any indemnity or reimbursement of expenses.

3. A directive from the human resources service [I] determines the technical resources and equipment made available by the employer.

1. The teleworking employee pays particular attention to maintaining the secrecy of the function and the confidentiality of the data processed.

2. They are responsible for the security of the data at the teleworking location. They specifically ensure that computer files and documents are protected against unauthorized access and theft.

3. The destruction of confidential documents and those containing personal data is carried out exclusively at the regular workplace.

4. Teleworking from a public place is prohibited.

1. Overtime is considered to be any work time ordered by the employing authority that exceeds the normal daily or weekly working hours, provided that the employee does not have a negative balance compared to the duration stipulated in Article 115.

2. The employing authority orders overtime in advance and in written form.

1. Overtime hours shall not exceed 140 per calendar year.

2. They are compensated with time off. In exceptional cases, they are paid in accordance with a rate established by the Council of State.

1. The concept of overtime does not apply to the roles of department heads and managerial positions, whose engagement falls under the jurisdiction of the Council of State, in accordance with Article 18, paragraph 1 Lpers [A], who are freely allocated a time credit of five days.

1. Night hours, specifically those between eight p.m. and six a.m., are compensated in time, with a 20% increase.

1. Public holidays include: Sundays, January 1st and 2nd, Good Friday, Easter Monday, Ascension Day, Whit Monday, August 1st, Jeûne Monday, and Christmas.

2. In addition to these public holidays, there is an extra day off, which is generally set on December 26th, but which the SPEV may reschedule to another date depending on the specifics of the calendar.

1. Acts in accordance with the interests of the State, the collaborator who respects their duties of loyalty and discretion. They refrain from any act that could cause the State a loss or damage.

2. At all times, the collaborator must demonstrate worthy of the trust placed in them.

1. Collaborators use the entrusted equipment for professional purposes in accordance with the issued guidelines.

2. Any potential exceptions are the subject of directives that may provide for conditions or usage requirements.

1. The Council of State determines the categories of employees who are required to wear a uniform or service attire and the conditions under which it is provided.

2. This obligation is mentioned in the contract.

1. When an ancillary activity is performed partially or entirely during working hours, the employing authority may condition the authorization on the requirement that all or part of the income generated from the ancillary activity be paid to the State.

1. Before accepting a non-mandatory public office as per federal or cantonal legislation, employees must seek authorization from the hiring authority.

2. The employee must request authorization to hold a federal public office, a mandate as a deputy in the Grand Council, or a municipal councilor position in writing, from the hiring authority at least twenty days prior to accepting the candidacy, indicating the deadline given to the applicant for acceptance. In other cases, authorization must be sought at least ten days before accepting the public office.

1. Authorization to hold a public office is not required when the office is conferred by the Council of State or the appointing authority.

2. Employees as defined in Article 2, paragraph 2 of the Lpers [A] are automatically authorized to hold a public office, except in the case of a judicial office.

3. The Council of State may extend this authorization, by general decision, to other categories of employees for specific public offices.

4. Employees appointed by the Council of State may not serve as deputies in the Grand Council. This restriction may be extended by special decision to other employees whose duties would be incompatible with holding this office.

1. The fulfillment of a public duty cannot justify a salary reduction, the elimination of leave days, or a decrease in vacation time unless it results in a total absence of more than fifteen days per year. The employee is not entitled to replacement of vacation or leave days that he dedicates to his public duty.

1. The refusal of authorization is communicated in writing to the employee, with an indication of the reasons.

2. The employee who is called upon or elected to a public office, which they accept when the authorization has been refused, is deemed to have resigned.

3. Unless otherwise agreed by the parties, the contract terminates within the time limits provided for in Article 59 Lpers [A]. The notice period begins to run from the date of the election or acceptance of the office. In any case, the contract ends at the latest at the time when the employee assumes the public office.

1. Employees on strike must report to their direct supervisor or department head, if applicable, within 48 hours after the end of the strike.

2. Decentralized services and entities, under the responsibility of the department head, shall compile a complete list of individuals on strike and the duration of the work stoppage. They must promptly forward this list to the department head and the SPEV.

3. Employees who fail to report and who are absent without justification breach their duties (Art. 59 Lpers [A] ).

1. During the strike as defined in Article 52 of the Lpers [A], the employment relationships between the State and the affected employees are suspended.

2. The salary, calculated based on the duration of the strike and proportional to the rate of activity, is generally not paid.

1. After consulting with the umbrella unions and the main staff associations, the State Council determines the sectors of activity that are subject to minimum service. The staff members organize themselves, under the responsibility of the head of service, to ensure the minimum service.

2. In case of disagreement, the head of service designates the staff members responsible for ensuring the minimum service.

1. Before terminating the contract, the employing authority shall notify the employee, except in situations that justify an immediate termination for valid reasons (Art. 61 Lpers [A]).

1. The hiring authority shall communicate in writing to the employee the facts being alleged against them.

2. The employee shall have a period of twenty days to respond in writing or to request a meeting.

1. The warning may contain a threat of termination of the contract (Art. 59 Lpers [A]) or dismissal with immediate effect (Art. 61 Lpers).

2. It may provide for a probationary period not exceeding two years.

1. Throughout the procedure, the colleague may be assisted.

1. The warning may be contested before the Labour Court of the Cantonal Administration.

1. The warning is destroyed five years from its date, unless the employee has been subject to a new warning.

1. The Council of State may establish a specific procedure for functions for which engagement falls under its jurisdiction.

1. Prior to or during a warning procedure, the appointing authority may order the initiation of an administrative investigation.

2. An investigation is particularly ordered when the appointing authority deems itself insufficiently informed about an employee's situation or when facts are unclear or disputed by the employee.

3. The appointing authority establishes the mandate and sets its expected duration, which, in principle, does not exceed three months.

4. The investigation is entrusted to a person external to the administration, a magistrate, or an employee.

5. When the investigation is specifically directed against one or more employees, they are informed of its initiation. They are heard and may be assisted.

6. To execute the mandate entrusted to them, the investigator decides on the measures of inquiry. They have access to all documents necessary for conducting their mandate.

7. All compiled documents and the final report are sent to the appointing authority, which forwards them to the employee for consultation. The latter has a period of ten days to respond.

1. Termination of the contract is effected in written form.

1. In the event of termination of the contract as per Article 59 Lpers [A], the hiring authority may release the employee from the obligation to work, particularly when performing the activity until the end of the contract is not appropriate.

1. The employing authority and the employee may agree on the termination of the employment relationship. In this case, they enter into an agreement that specifies the terms of departure.

1. State employees, whether appointed or not, shall receive their contract within a period of six months following the entry into force of this regulation.

2. Employees subject to educational legislation shall receive their contract within a period of six months following the entry into force of the adaptations of the educational legislation to the Lpers [A].

3. The contract is signed by the hiring authority. It is also signed by the employee. It is deemed accepted by the employee if it is not signed within a time frame to be set by the SPEV.

1. Decisions made pursuant to the law of 9 June 1947 on the general status of cantonal public functions [A] and its implementing provisions, which came into force before 31 December 2002, are executed in accordance with the standards of this law even if they take effect after 1 January 2003.

2. Decisions made before 1 January 2003, which take effect after 1 January 2003, are validly made by the competent authorities under the legislation in force before 31 December 2002.

1. The decision of the Council of State of January 20, 1988, regarding the service seniority bonus is upheld.

1. For employees hired under an indefinite duration contract before the entry into force of this regulation and who are unable to work as of December 31, 2002, the salary payment duration is extended up to the duration provided for in Article 58, letter b.

1. The duration of the activity provided for in Article 80, letter c, begins upon the commencement of the State employee's service.

1. An auxiliary is a person engaged for irregular and momentary activities, unless otherwise agreed upon by the parties. They do not occupy a position.

2. The contract for auxiliary staff is subject to the Swiss Code of Obligations [CO], except for provisions regarding vacations, family allowances, accident insurance, illness, and public holidays, for which the provisions of these regulations apply. Auxiliaries benefit from the entitlements applicable to employees engaged under fixed-term contracts concerning the duration of salary payment in the event of incapacity for work (art. 58, para. 1, lit. c). Female employees benefit from maternity allowances in accordance with the provisions of the Federal Law on Income Compensation and Maternity [G].

3. The salary is determined by the employing authority upon the advice of the State Personnel and Pensions Office (SPEV). In principle, it does not exceed the minimum of Article 7 LPP [J].

4. The contract is concluded in written form when the engagement exceeds three months.

5. A directive from the State Council specifies the other conditions and terms of engagement for auxiliary staff.

1. Except for Articles 34 to 36, the decree of December 22, 1950, implementing the law of June 9, 1947, regarding the general status of cantonal public functions is repealed.

2. The decree of January 24, 2000, relating to collective conflicts and their consequences is repealed.

1. The Department of Finance [B] is responsible for the implementation of this regulation which comes into force on January 1, 2003, with the exception of Article 39, paragraph 1, and Article 52, paragraph 1, whose enforcement date will be determined later by the Council of State.