concerning the new job classification and the new salary policy of the State of Vaud (DecFo) - Purpose (DecFo)

1. This decree aims to establish the modalities for the implementation of the new classification of functions and the new salary policy of the State of Vaud.

1. Acknowledgement is made of the "Convention on the Implementation of the New Job Classification and the New Salary Policy" signed on November 3, 2008, between the State Council Delegation on Human Resources and the Federation of Civil Service Societies (hereinafter: the convention).

1. With reference to Article 10 of the convention, a portion of the available assets from the fund intended to finance sabbatical leave for teachers, namely CHF 9 million, is allocated to specific measures as follows

Year COSAB Assets

2009 1,000,000.–

2010 2,000,000.–

2011 2,000,000.–

2012 2,000,000.–

2013 2,000,000.–

1. Notwithstanding Article 75, paragraph 1, letter a) of the School Act of June 12, 1984 [A], the number of teaching periods for kindergarten teachers is set at 24, until the entry into force of the HarmoS agreement.

1. An appeals committee (hereinafter: the committee) responsible for processing individual disputes related to job grade levels is hereby established.

2. The committee members shall be

- three staff representatives designated by the three recognized staff trade unions and umbrella associations within the meaning of Article 13 LPers [B];

- an identical number of employer representatives;

- one or two external chairs, not affiliated with the cantonal administration, appointed by the other members. In the event of a dual chairmanship, one of them shall serve as the first chair, whose prerogatives shall be determined by the members of the committee. In case of disagreement on the selection of the chair(s), the Conciliation and Arbitration Body shall appoint them.

2bis. The committee shall sit with three adjudicators, namely the chair, a staff representative, and an employer representative. The chair shall select the staff representative and the employer representative from among the members, if possible according to the nature of the case.

3. The committee shall receive technical and administrative support from the Human Resources Department.

4. Members external to the administration shall be remunerated according to the decree on committees [C]. The same applies to State employee members if the committee sits outside their working hours.

1. The employee whose position has not been subject to a direct transition may file an appeal with the commission.

2. The appeal must be made in writing and must be reasoned, within 40 days following the receipt of the contract amendment.

3. The appeal does not have a suspensive effect.

4. If deemed necessary, the commission may hear the employing authority and the employee. In this case, the latter may be accompanied by a person of their choice.

5. The commission decides on other investigative measures.

6. The procedure is free of charge.

7. For the remainder, the legislation on administrative procedure [D] is applicable.

1. Decisions of the commission may be appealed to the Labor Court of the Vaud Cantonal Administration.

2. The appeal must be filed within 30 days following the notification of the contested decision.

3. The legislation on administrative procedure [D] applies for all other matters.

1. The State Council is responsible for determining the impact of implementing the new classification of functions and the new salary policy on the coverage ratio of the Pension Fund of the State of Vaud. If the impact is negative, the State Council is tasked with proposing to the Grand Council, by February 28, 2009, measures to compensate for the effects produced on the coverage ratio of the Fund by the new system.

2. Of the 59 million paid by the State to the Pension Fund of the State of Vaud in 2008, one third shall be allocated to the provision for pension indexation and two thirds shall be allocated to the Fund as compensation for the effects on the coverage ratio caused by the implementation of the project. Article 3 of the law of October 4, 2005, amending that of June 18, 1984, on the Pension Fund of the State of Vaud is repealed.

1. The appeals commission is competent to rule on appeals against the amendments notified to the employees before the entry into force of this decree.

2. Any pending case before another authority regarding the categorization of a specific position in the new job classification and remuneration system is automatically transferred to the appeals commission.

1. The Council of State is responsible for the execution of this decree. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by means of an order, the date of its entry into force.