Act on State Employees of the Canton of Valais (LcPers) - Subject Matter and Purpose of the Law (LcPers)

1. The present law aims to establish the principles of personnel policy and administration of the state, the employment relationships, as well as the rights and obligations of personnel engaged in activities within the framework of the cantonal public service.

1. Pending proceedings at the time of the entry into force of the amendment to this Act shall be concluded in accordance with the provisions of the previous law.

1. For the personnel employed before the amendment of the present law comes into effect, the duration of the probationary period and the extension provisions shall be governed by the former law.

1. This Act governs, subject to special provisions, the status of all employees of the cantonal administration, state institutions, as well as the administrative staff of the courts and the public prosecutor's office.

2. This Act is, subject to special provisions, applicable to the cantonal police corps and subsidiarily to the teaching staff appointed by the Council of State. Furthermore, the legislation on education governs the status of the teaching staff.

1. In the present law, any designation of a person, status, or function applies equally to both men and women.

1. The State Council defines and represents the principles of personnel policy. This policy is guided by the performance mandates of the public service and the needs of its employees, specifically adhering to the following principles

a) it contributes to an efficient and citizen-oriented administration;

b) it is aligned with the labor market and accounts for the possibilities of the financial budget;

c) it aims for a social partnership relationship between the canton, personnel, and employee associations;

d) it seeks to recruit and retain competent employees who act quality-oriented, responsibly, and cooperatively;

e) it utilizes and develops the competencies and potential of employees, particularly through continuing education, by deploying and promoting them according to their aptitudes and abilities;

f) it places significant emphasis on the selection, training, and development of leadership personnel;

g) it supports professional flexibility and mobility within the administration as well as dynamic personnel planning;

h) it promotes equality of opportunity between women and men;

i) it ensures appropriate representation of both official languages and the constitutional regions;

j) it promotes bilingualism among staff;

k) it supports the compatibility of work and family and promotes flexible working arrangements and models;

l) it protects the health of employees, supports tolerance and acceptance among staff, and prevents any form of discrimination;

m) it encourages open communication and ensures target-oriented and transparent information for the employees;

n) it offers apprenticeships and training positions and supports the professional integration of individuals with reduced capabilities;

o) it helps offer employment opportunities to young people and the unemployed to facilitate their professional integration or reintegration.

2. The State Council ensures compliance with the principles of personnel policy and takes the corresponding measures.

1. The central office tasked with personnel management serves as the specialist and advisory body for all personnel and organizational matters.

2. It is specifically responsible for the following duties

a) Assisting the State Council in defining personnel policy and implementing it;

b) Advising management on personnel management and organizational development;

c) Ensuring, in cooperation with the offices, the uniform application of labor law provisions and the personnel policy established by the State Council.

3. All offices collaborate closely with the central office on personnel management issues. Offices may designate contact persons for personnel matters or individuals responsible for personnel.

1. The employment relationships of the personnel are governed by public law.

2. The provisions of the Code of Obligations and the non-mandatory provisions of the Federal Act on Work of March 13, 1964, are analogously applicable as supplementary cantonal public law in case of an express reference or a legal gap.

3. Reserved are the mandatory provisions of the Federal Act on Work.

1. Recognized staff associations must be informed in advance by the State Council and involved in decisions and statutory provisions that have a significant impact on the staff.

2. The state may enter into partnership agreements with staff associations that it recognizes.

1. The cantonal administration uses an information technology system for managing personnel files, the organization, and the staffing plan.

2. A computer-supported directory of the positions existing within the state and its institutions is maintained.

3. The legal provisions concerning public information, data protection, and archiving are also applicable to electronic databases.

1. The State Council supports professional integration and reintegration.

2. It provides, within the framework of the approved budget, a limited number of protected permanent and temporary employment positions for individuals who have special needs regarding their abilities and working conditions due to health reasons.

1. The State Council may decide to apply provisions of collective labor agreements that regulate certain specific areas, without, however, participating in said agreements.

1. Within the scope of this law, the term "head of department" includes the director of an institution directly affiliated with a department head.

1. In the event of a recusal of a department head or a service chief, the recused person shall be replaced by their deputy or their assistant, respectively.

1. Employee is defined as any person employed by the competent employment authority in a public-service employment relationship for an indefinite or definite period and is remunerated monthly, hourly, or not at all.

2. The definition of categories (such as apprentices, interns, semi-protected employees, etc.) is regulated by ordinance.

1. The State Council employs the personnel.

2. It may delegate this competence to employ, through regulations, to the department heads and service chiefs.

1. In principle, the appointment is made by a written decree from the competent authority.

2. The State Council may, by regulation, provide for the form of a written public-law contract for certain situations or specific personnel categories.

3. The law and the regulation govern the modalities of application.

1. The State of Valais promotes professional mobility.

2. Professional mobility is particularly encouraged within the context of personnel planning, reorganizations, internal job postings, individual discussions, annual performance reviews, and continuing education.

3. To examine the desires and possibilities concerning professional mobility, the performance, behavior, competencies, and potential of the employees are taken into consideration, in particular.

1. All positions shall be advertised externally, subject to paragraph 2.

2. In the context of professional mobility, positions may be advertised internally.

3. Before a vacant position is filled, the hiring authority must review the staffing needs and the associated organizational and personal measures.

4. The hiring authority ensures that a job description (profile, duties, etc.) is created for each advertised position and for each employee. This must be coordinated with the tasks of colleagues and correspond to the respective operational assignments.

5. If the result of an external job advertisement is insufficient, a position may be filled by appointment, provided that the appointee meets the advertisement criteria.

6. The State Council defines and ensures a methodical and standardized job advertisement process.

1. Each person to be hired must match the desired profile.

2. Each employment within the scope of professional mobility must be advertised internally.

3. Relatives or in-laws, up to and including the second degree, are generally not allowed to work in direct or indirect subordination within the same department.

4. The Council of State may require Swiss citizenship for certain sovereign functions.

4bis The hiring authority may request an additional psychological assessment or a security check (in particular, extracts from the criminal record, bankruptcy, and debt collection register).

5. The Council of State defines and guarantees a methodical and objective staff recruitment process.

6. The head of the service or the department head may at any time after hiring request proof from the employee that he still meets the conditions listed in this article for performing his function.

1. The employee is subject to a probationary period of a maximum of six months.

2. Generally, the probationary period is not extended. In the event of an effective reduction in the probationary period due to illness, accident, or the fulfillment of a statutory duty not voluntarily assumed, a corresponding extension of the probationary period shall occur.

3. During this period, an appraisal interview takes place.

1. The employee is obligated to provide services of quality. He performs his duties with a focus on efficiency, professional duty, confidentiality, loyalty, and fidelity to his employer. He works with a mindset of mutual support and cooperation.

2. The employee must act professionally under all circumstances and in accordance with the interests of the state and public service, while adhering to applicable standards, tasks, objectives, and directives from his superiors.

3. Participation in a strike is considered a breach of duty.

1. The employee is subject to official secrecy for all information that he becomes aware of in the execution of his duties, unless the Act on the Information of the Public, Data Protection, and Archiving of October 9, 2008, permits him to disclose it to others.

2. Official secrecy also applies within the same limitations to the communication of service documents in original or copy to third parties.

3. The obligation to maintain official secrecy persists even after the termination of the service relationship.

4. The employee may only testify in court about observations he makes in the exercise of his duties with the authorization of the Council of State. This authorization is required even after the dissolution of the service relationship.

5. If the employee identifies a potentially criminal act that is prosecuted ex officio, he must immediately report it to the competent law enforcement authority and the Council of State.

1. The State Council shall, by means of regulations, determine the weekly working hours and working time that the employee is required to adhere to.

1. The State Council may prescribe various forms of work to which the employee must adhere.

1. Any subsidies or contributions to salaries provided by the federal government or third parties shall accrue to the state. The same applies to compensation paid for special work as well as to all fees collected by the state.

1. The employee is prohibited from claiming, accepting, or being promised gifts or other benefits for himself or for others that arise from his official position.

2. Furthermore, he is prohibited from participating, either directly or indirectly, in the supply of goods, tenders, and works that concern the state or its institutions.

3. Exceptions are the benefits and services in connection with membership in a staff association.

1. Incompatible with full-time employment or with an employment level of at least 75 percent are

a) any engagement in a trade and any operation of commercial businesses with a profit-oriented objective;

b) membership in a board of directors or management of a business enterprise, unless the employee acts on behalf of the Council of State or with its approval on behalf of a community.

2. Additional exceptions may be permitted if they involve family-oriented enterprises or primarily general interest activities, and the time and income derived from these activities remain minimal.

3. The regulation may subject the performance of other side activities to approval if they question the proper fulfillment of duties tied to the position or if the side activity is tied to the position.

1. Every eligible employee may run for public office.

2. An employee who wishes to run for public office must notify the Council of State in writing. The Council will take note of this, inform the employee of any potential incompatibilities, and advise them of the ensuing consequences.

3. The elected employee must inform the Council of State of their election and their acceptance of the election.

4. The Council of State will decide on the necessary measures based on any actual or legal incompatibility.

5. The Council of State will regulate special leave for employees who hold public office through ordinance.

1. If the employment is for a permanent period, the employee must undergo a medical examination prior to commencing service.

2. The designated medical officer determines whether the candidate's health condition permits them to perform the intended duties. If this is not the case, the employment will be terminated immediately for an important reason.

3. The provisions regarding occupational welfare are reserved.

4. The central service unit in charge of personnel management or the appointing authority may require the employee to undergo a medical examination during the term of employment if a compelling reason justifies this measure, subject to the provisions regarding personal protection.

5. The employee's refusal to undergo this medical examination at the time of employment or subsequently may constitute grounds for immediate termination of employment.

1. An employee who is prosecuted for a crime or misdemeanor that relates to the nature of their professional activities or could damage the reputation of the employer is obliged to immediately inform the State Council thereof. They shall promptly send the State Council the final and binding decision rendered in the matter.

2. The criminal justice authorities and the public prosecutor, who handle a case in which an employee is accused or charged with a crime or misdemeanor that relates to the nature of their professional activities or could damage the reputation of the employer, may inform the State Council thereof. They may transmit to the State Council the final and binding decision made in the matter.

3. Contrary legal provisions remain reserved.

1. An employee who intentionally or negligently violates their duty is liable for their actions.

2. The right to take administrative measures remains independent of the initiation of civil or criminal proceedings based on the same facts.

1. After hearing the employee, the competent authority may initiate the following administrative measures

a) * ...

b) * Warning, if possible with improvement measures;

c) * ...

d) * Reduction of salary by up to one-third of the monthly salary for a maximum of one year;

e) * Transfer to another position or location considered equivalent or lower, with a salary corresponding to the new situation;

f) Immediate dismissal without compensation.

2. The administrative measure shall be determined based on the severity of the duty violation and taking into account the employee's previous conduct.

3. If circumstances require, different administrative measures may be combined.

4. If the affected employee submits their resignation, the competent authority may waive an administrative measure and accept the resignation if this is the most appropriate solution considering all circumstances and interests involved.

1. The appointing authority may order all types of administrative measures.

2. The service chief or the head of the department may issue a warning.

3. If it becomes apparent during the investigation that a stricter measure than a warning is warranted, the service chief shall hand over the dossier to the appointing authority.

4. The appointing authority may, if necessary, propose to the Council of State to convene the disciplinary commission.

1. The competent authority shall inform the employee in writing of the allegations made against him. The employee specifically has the right to express himself adequately, to present all facts serving his defense, and to introduce evidence.

2. The employee may be assisted by a representative.

3. The administrative decision must be communicated to the employee with reasons, in writing, and with an indication of the legal remedies and applicable deadlines.

1. The State Council appoints a disciplinary committee comprised of three to five members.

2. The disciplinary committee deals with cases of harassment and other cases referred to it by the State Council due to their complexity.

3. The disciplinary committee is tasked with examining the cases submitted to it and developing proposals for the attention of the appointing authority. The disciplinary committee interrogates the employee and ensures that all relevant investigations are conducted.

4. A regulation specifies the composition, organization, and functioning of the disciplinary committee.

5. Upon the request of the disciplinary committee or, in certain circumstances, ex officio, the State Council assigns the examination of a case to one or more independent external specialists.

1. The authority responsible for the imposition of the administrative measure may at any time take precautionary measures, with full, partial, or without salary.

2. These measures are subject to a balancing of interests and must serve the overriding public interest.

3. Subject to urgency, the employee must have been informed in advance of the intended measures and given the opportunity to express their views.

1. The administrative liability of the employee lapses if no administrative proceedings are initiated within one year of the discovery of the breach of duty and, in any case, five years after the last breach of these duties.

2. During an appeal procedure concerning the administrative procedure, the statute of limitations is interrupted.

1. For the criminal liability of the employee, the provisions of the federal and cantonal criminal legislation apply.

1. The Civil Liability of the Employee is governed by the provisions of the Cantonal Law on the Liability of Public Entities and their Officials.

1. The State protects the personality of its employees.

2. Within this framework

a) it undertakes all necessary steps to prevent discrimination among employees, particularly with regard to gender, race, culture, origin, religion, and lifestyle;

b) it takes the required measures to prevent occupational accidents and diseases, to protect health, as well as to protect employees against threats or attacks related to the exercise of their functions;

c) it takes all measures to ensure data protection;

d) it provides legal protection to employees;

e) it offers its employees support, assistance, and advisory services.

3. An employee who has been the victim of an unlawful attack by other state employees is entitled, upon their request, to party status in the disciplinary proceedings against the perpetrator of the attack.

1. The employee has the right to be consulted and informed about drafts of legal provisions and generally binding decisions that affect the personnel.

2. The employee is to be consulted and informed via the directorates, institutions, and administrative offices as well as through the personnel associations.

1. The employee is entitled to a salary commensurate with the demands of his/her role, performance, and conduct.

2. The employee is also entitled to an annual evaluation interview.

3. The law and the regulations govern the application of these principles.

1. The employee is entitled to annual paid leave, the duration of which is determined by the State Council through regulations.

1. The State Council creates the conditions for sustainable personal and professional development.

2. It regulates vocational education and training as well as further education and promotes personal, professional, social, and leadership-relevant competencies.

3. It provides the necessary resources to ensure appropriate personnel development.

1. The right of association of employees is guaranteed subject to public law provisions.

1. The State Council promotes inventions and proposals by employees.

2. The provisions of the Code of Obligations apply complementarily to the cantonal public law concerning inventions made by employees during the course of their employment.

1. The State of Valais recognizes the loyalty of its employees through material and/or immaterial measures.

2. The Council of State establishes, by way of regulation, the competencies and modalities for granting recognition of service loyalty.

1. The State of Valais promotes equality of opportunity between women and men and supports, in this sense, appropriate material and immaterial measures.

1. The State of Valais supports and promotes the reconciliation of work and family life through appropriate material and immaterial measures. It informs employees about the services offered.

2. The measures are defined in the laws and in implementation and execution provisions and particularly include the following aspects

a) flexible working conditions, hours, and forms;

b) paid and unpaid leave;

c) the educational responsibilities in salary determination;

d) measures for professional (re)integration;

e) childcare facilities and financial contribution to the costs of childcare;

f) support for employees in emergency situations involving their children;

g) the conditions and modalities concerning occupational pensions.

1. Employees are, in principle, free to choose their place of residence wherever they please.

2. The employing authority may require an employee to take up residence in a specific location or region if the needs of the work necessitate it.

1. In the event of incapacity for work, the State of Valais may take out loss of earnings insurance for its personnel.

1. Promotion is defined as the appointment of an employee to a higher position, which is classified in a higher pay grade.

1. Within the scope of an internal or external job posting, an employee may be transferred to another position upon their request.

2. The appointing authority may transfer an employee to another position either temporarily or permanently without a job posting if the fulfillment of duties or the efficient and economical use of personnel requires it.

3. Under the same conditions, the appointing authority may change the employee's workplace, provided that the new workplace is reasonably acceptable for the person concerned.

4. If the temporary transfer ordered by the appointing authority is not due to inadequate performance by the employee, it generally does not result in a salary reduction.

5. If the permanent transfer ordered by the appointing authority is not due to inadequate performance, the new salary is determined in consideration of the overall circumstances and decisive criteria.

1. The employment relationships end without notice

a) * at the end of the current month in which the employee reaches the statutory AHV age, the employment relationship can be extended at most until the age of 70, the State Council lays down the implementing provisions by way of regulation;

abis) * for the staff of penal institutions and the cantonal police at the end of the current month in which the employee reaches the statutory AHV age two years later, the employment relationship can be extended at most until the age of 70, the State Council lays down the implementing provisions by way of regulation;

b) upon the death of the employee;

c) three months after the disappearance of the employee in life-threatening circumstances or if the employee is missing without news;

d) upon the expiration of a fixed-term contract subject to a possible extension.

1. During the probationary period, the employment may be terminated by either party at the end of a month with a notice period of two weeks.

1. After the probationary period, the employee may submit their resignation with a notice period of three months, effective at the end of a month.

2. Subject to the same notice period, the employee has the right to retire, in accordance with the modalities established by a regulation of the State Council, after reaching the minimum age for flexible retirement.

3. The aforementioned notice periods may be shortened by mutual agreement between the employing authority and the employee.

1. After the probation period, the competent authority may terminate an indefinite employment contract with a notice period of three months at the end of a month if there is a valid reason for termination.

2. Such a valid reason for termination exists particularly in the following cases

a) repeated or persistent deficiencies in performance and/or behavior;

b) lack of suitability or ability to fulfill the tasks associated with the position;

c) elimination of one of the employment conditions according to law or employment ordinance.

3. In the event of incapacity for work due to illness or accident during the notice period, the legal notice period is extended by the effective number of days of incapacity for work, but at most by 30 days during the first year of service, by 90 days during the second to third years of service, and by 180 days from the fourth year of service onwards.

1. In the event of permanent incapacity to work due to illness or accident, the competent authority shall terminate the employment as of the date corresponding to the expiry of the entitlement to salary.

2. Subject to any applicable full or partial re-employment upon complete or partial recovery of the ability to work, provided a position corresponding to the employee's profile is available.

1. The appointing authority may prematurely retire an employee, either fully or partially, if the employee no longer fully meets the requirements of their position due to their performance, conduct, or abilities.

2. The implementation provisions for premature retirement shall be determined by the State Council through regulatory means.

1. If a position is abolished or a structural change occurs such that the employee can no longer fulfill their job description, they shall be reassigned to a position that corresponds to their education and qualifications, within the framework of available positions.

2. If no position is available that corresponds to the employee's education and qualifications, the employment relationship shall be terminated, subject to reassignment to a lower-ranking position with the employee's consent.

3. The notice period is six months to the end of a month.

4. Subject to the following paragraph, an employee whose employment relationship is terminated is entitled to compensation, calculated based on age and years of service, with an amount not exceeding one year's salary.

5. Compensation is not owed if the employee has declined an offer for a position with a salary equivalent to the terminated position or if the state has provided the employee with a position with comparable conditions at another public or private employer.

6. In the event of the termination of multiple positions within the same organizational unit, the State Council shall establish a social plan with adjusted financial support measures after negotiations with recognized employee associations.

1. For important reasons, the competent authority may terminate the employment at any time.

2. An important reason is considered to be any circumstance that, in good faith, makes it unreasonable to expect the employer to continue the employment relationship.

3. The procedure for termination for important reasons may be applied instead of the disciplinary procedure.

1. A fixed-term employment can be terminated before its expiration by mutual agreement of the parties and for significant reasons.

1. The employing authority shall be deemed the competent authority for the termination.

1. If a termination proves to be legally unfounded, the employee shall be reinstated into their position, provided both the employee and the employing authority accept this reinstatement.

2. If either party refuses the reinstatement, the employee is entitled to compensation calculated based on their age and number of years of service. The amount shall not exceed one year's salary if the employer refuses the reinstatement, and shall not exceed six months' salary if the employee refuses their reinstatement.

1. The provisions of this chapter apply analogously to service relationships that have been concluded by means of a written public-law contract, with the specification that the attitude of the employing authority in this case equates to a declaration of intent rather than an order in the sense of the Administrative Procedure and Administrative Jurisdiction Act.

2. In the event of disputes and if no agreement is reached, the competent authority issues an order within the meaning of the aforementioned law, which can be contested according to the provisions of said law.

1. A decision issued by a head of service may be appealed to the Council of State within 30 days of its notification. Within the same period, a decision issued by a department head or the Council of State may be appealed by means of an administrative court appeal to the public law division of the Cantonal Court.

2. The appeal does not have a suspensive effect. The decision-making or appellate authority may grant or restore the suspensive effect associated with the salary entitlement in the case of an appeal against a decision that provides for the termination of the employment relationship, provided that the affected person can demonstrate that a loss of salary would place them in a precarious financial situation and that they cannot rely on any other sufficient source of income.

3. If the appeal is dismissed, any benefits received under the suspensive effect must always be reimbursed.

4. Additionally, the provisions of the Law on Administrative Procedure and Administrative Justice shall apply.

1. Employment relationships existing prior to the entry into force of this Act shall automatically be maintained in accordance with the new legal provisions, except if they were terminated or not renewed under the old law.

1. Pending proceedings at the time of this law's entry into force shall be handled according to the former law. In any case, Article 66 remains applicable to these proceedings.

1. The Council of State shall issue all necessary provisions for the application and execution of the present law through ordinances and regulations.

1. The Act concerning the Remuneration of State Officials and Employees of Wallis dated 12 November 1982 is amended.

2. The Act on Legal Administration dated 11 February 2009 is amended.

3. The Act on the Cantonal Police dated 20 January 1953 is amended.

4. The Act on the Administration and Financial Management of the Canton and its Oversight dated 24 June 1980 is amended.

5. The amendments to other laws are specified in Annex I, which forms an integral part of the present Act.

6. The State Council is tasked with advancing the amendment of the corresponding subordinate cantonal provisions.

1. This law repeals all conflicting cantonal provisions and, in particular, the law concerning the employment relationship of officials and employees of the State of Valais dated May 11, 1983.

1. This law is subject to an optional referendum.

2. The State Council determines the date of entry into force of this law.