Ordinance on the Personnel of the State of Valais (OcPers) - Subject Matter and Purpose of the Regulation (OcPers)

1. This Regulation aims to supplement and specify the provisions of the Act of November 19, 2010, concerning the personnel of the State of Valais (kGPers) in the areas that are not covered by special provisions.

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

2. It is applicable, subject to special provisions, to the cantonal police corps and subsidiarily to the teaching staff employed by the State Council. Otherwise, the school legislation regulates the status of the teaching staff.

3. In the case of the application of collective labor agreements, these should at least include the principles of the personnel law concerning the staff of the State of Valais.

1. Any reference to a person, status, or function in this regulation shall apply equally to both men and women.

1. The State Council is responsible for the organization of the cantonal administration. It establishes a regulation in this regard.

2. The Personnel Management Office (PMO) advises and supports the State Council particularly in

a) the planning and management of positions;

b) the application and development of an information system for managing organizational charts, positions, and personnel;

c) providing methodological support to all departments and/or offices that submit requests in the area of organizational development;

d) the standardized application of organizational processes that have been declared as guidelines by the State Council.

1. Each department head is responsible for the distribution of tasks among the organizational units and may make necessary adjustments at any time.

2. The oversight of the State Council remains reserved; it particularly includes the approval of reorganizations that exceed the scope of a single department, change the number of service units, or have financial implications.

1. The head of the department organizes his/her unit. He/She regularly analyzes the necessity and requirement for refilling the position after every employee departure. He/She regularly optimizes the structure and processes of the department as well as the coordination between the distribution of tasks and the competencies of the employees.

2. The head of the department ensures that the job descriptions of the employees are updated, signed, and filed in the electronic personnel dossier.

3. He/She guarantees the standardized application of organizational processes, which have been declared as guidelines by the State Council.

1. Within the framework of work-life balance, the State Council supports the ability of employees to change their employment level.

2. The appointing authority may divide an approved position into several part-time positions, provided that the organization of work allows it and the performance of the organizational unit is not impaired.

3. Part-time employees must not be disadvantaged compared to full-time employees.

4. There is no entitlement to a change in employment level, subject to contrary provisions.

1. The employing authority may increase an employee’s employment level upon their request, provided a corresponding vacant position is available.

2. If no corresponding vacant position is available, this constitutes the creation of a position, which will be reviewed during the preparation of the following year’s budget.

3. If a vacant position must first be converted, Article 10 shall apply.

4. If multiple part-time employees within a department possess the appropriate profile and wish to increase their employment level, this position must be internally advertised within the affected department.

1. The appointing authority may, provided that the organization of the department allows it, reduce the employment level of the employee upon request by the employee or by mutual agreement.

1. Within his department, the head of service is responsible for the transfer and conversion of a vacant position without financial implications due to a possible salary grade change, within the scope of the employment grade established in the department's organizational chart, subject to review by the Classification Commission if it concerns a newly created function.

2. Within his department, the head of department is responsible for the transfer and conversion of a vacant position without financial implications due to a possible salary grade change, within the scope of the employment grade established in the unit's organizational chart, subject to review by the Classification Commission if it concerns a newly created function.

3. The Council of State is responsible for the conversion of a vacant position with financial implications due to a possible salary grade change, within the scope of the employment grade established in the unit's organizational chart, subject to review by the Classification Commission if it concerns a newly created function.

4. If the employment grade specified in the organizational chart is exceeded, it constitutes, according to Article 12, the creation of a position.

1. The State Council employs all necessary means to mitigate the impacts of reorganizations.

2. The following measures must precede the termination of employment and should be an integral part of any social plan

a) Assignment of another position to the employee, as far as possible, and on the condition that the employee provides complete satisfaction regarding performance and conduct;

b) Job search outside the cantonal administration for employees facing potential termination;

c) Training and professional development;

d) Early retirement and transition to early retirement.

3. Employees support the employer's efforts. They actively participate in the measures taken and demonstrate initiative, particularly in searching for a new job.

4. The State Council decides, if necessary, for which organizational units a social plan must be applied. In conjunction with recognized staff associations, the State Council is responsible for drafting and signing the social plan.

1. A computer-supported organizational chart includes the positions existing in the cantonal administration, the function, budget allocation, full-time equivalence, and the employment level of the position holder.

2. For each position, there exists a job description signed by the employee, in which, in particular, the job title, main responsibilities, areas of accountability, financial competencies, as well as the hierarchical subordination and representation are established.

3. The job description generally sets out all components of a job specification, as well as additionally the requirement profile of the position holder.

4. The creation of a new position can be requested within the framework of the budget preparation for the following year.

1. In the awarding of contracts within the available budget, the contracting agency must ensure that the contractor is recognized as self-employed according to the Federal Act on Old Age and Survivors' Insurance and that the provisions on public procurement are applied.

2. If the contractor cannot be recognized as self-employed, the awarding of the contract will be treated as an employment of an employee according to the relevant provisions.

1. Personnel Controlling allows the State Council to manage the implementation and development of personnel policy within the State of Valais on political, strategic, and operational levels, based on objectives and indicators.

2. Personnel Controlling is a management tool available to all supervisors, which particularly enables better planning, management, and development of personnel performance and competencies, based on objectives and indicators.

1. The State Council and/or the Grand Council determine the objectives and the priority indicators for personnel policy and personnel management in the political and/or strategic performance mandates of the DPM.

2. The State Council and the Department Heads determine the objectives and the priority indicators for personnel policy and personnel management in the strategic or operational performance mandates of each service.

3. The Service Chief takes the necessary measures within his area of responsibility to achieve the objectives and priority indicators for personnel policy and personnel management as set out in the performance mandates.

4. The indicators for personnel controlling are generally recorded in an IT-supported system, either centrally by the DPM or decentrally by the various organizational units.

5. The DPM, in collaboration with those responsible for governmental, departmental, and service controlling, supports the State Council, the departments, and the services in the application and development of personnel controlling. The DPM may issue directives.

1. The State Council decides on the necessary procedural processes for standardized personnel management in the form of guidelines.

2. The DPM periodically conducts an employee satisfaction survey in order to review the personnel policy and proposes a corresponding action plan.

3. The supervisor conducts evaluation interviews with their employees, return-to-work interviews following an absence due to illness and/or accident, as well as exit interviews.

**1.** An employee is considered to be any person who is employed by the competent appointing authority in a public-law employment relationship for an indefinite or definite period of time, and who receives compensation either monthly, hourly, or not at all.

**2.** The following categories can be regarded as subcategories of the employee status

**a)** The status of apprentices, as defined in the regulations concerning apprentices of the cantonal administration;

**b)** The status of interns, as defined by a State Council decision;

**c)** The status of semi-protected employees, as defined by a directive of the State Council.

**3.** All employees who receive a flat salary or an hourly wage are not subject to the assessment process and the system of performance-related salary increases.

**4.** Persons who are remunerated by fees by the offices, commission members, and experts are not considered employees according to Article 13 of the Law on Personnel of the State of Valais. These individuals are subject to federal legislation on social security and accident insurance. The provisions regarding remuneration in the event of illness are not applied.

1. The regular appointment is generally of indefinite duration.

2. If the tasks to be performed are limited in time and the duration can be estimated, the appointment is of fixed duration.

3. Fixed-term employment relationships may not be renewed or extended more than once by the competent appointing authority, regardless of the duration of the appointment.

4. If the continuation of the employment relationship proves to be beneficial after a first renewal or a first extension, the form of appointment for an indefinite duration is applicable.

1. In the case of employment of indefinite duration or employment with a fixed duration of more than one year, the probation period shall be 6 months.

2. In the case of employment for one year or less, the probation period shall be 3 months. If there are doubts about the suitability, performance, or conduct of the employee, the employing authority may extend the probation period by a maximum of 3 months.

3. If during the probation period, work is interrupted due to illness, accident, or the fulfillment of a statutory duty not voluntarily undertaken, the probation period shall be automatically extended accordingly.

1. The State Council appoints the Secretary Generals, Heads of Services, and Senior Officials in the final salary classes 1A to 10.

2. The Department Heads appoint the employees in the final salary classes 11 to 26.

3. The Heads of Services appoint the semi-protected employees, interns, and employees for a limited duration, provided that the maximum employment duration is one year, with a possibility of extension for no more than one year, subject to the application of Article 21, paragraph 2.

4. The DPM appoints the apprentices, with the endorsement of the affected services.

5. Employees can generally only be employed within the framework of the annually established personnel budget and within the employment grade defined in the service's organizational chart.

1. Professional mobility allows employees to develop their careers and ensures the employer, the State of Wallis, succession through internal employees.

2. It includes

a) transfers without a change in pay grade following an amendment to the job description with the same level of responsibility in the same or a similar position within the same department or in another department;

b) transfers with a change in pay grade following an amendment to the job description with a higher or lower level of responsibility in a new position within the same department or in another department.

3. In the case of a transfer to another department, the transfer is made based on the decision of the competent hiring authority of the new department, by mutual agreement, but no later than within a period of three months.

4. The personnel recruitment procedures recognized by the State Council are applicable, particularly when multiple applications need to be reviewed.

5. The State Council adopts procedures as guidelines to promote professional mobility.

1. Every employee newly hired for an indefinite period by the State of Wallis must be hired by the competent authority through an external job posting.

2. For an employment period of a maximum of one year, particularly for temporary replacements or urgent work, a job posting is not required. The employment of employees without a job posting cannot be extended for more than one year without an external job posting.

3. To promote professional mobility, positions to be filled in salary classes 11 to 26 of the salary table can also be posted internally within the department or the cantonal administration only. If no position is available in a department, a function, regardless of its salary class, can always be posted internally within the department. However, in internal job postings, only employees who were hired by the competent authority through an external job posting can be considered.

4. Newly externally fillable positions are advertised by the DPM in the Official Gazette and in the cantonal electronic job exchange. The publication of the job posting by other means remains reserved. The DPM may finance individual ads upon request, particularly when it concerns a management or specialist position or when the labor market situation requires it.

5. In extraordinary cases and within the financial resources of the applicant departments and services, the DPM may commission specialized companies for the recruitment of a new employee.

1. The State Council may issue guidelines for a supplementary review and/or security check that comply with the Law on Public Information, Data Protection, and Archiving (GIDA).

2. If the applicant refuses to consent to a test or check as referred to in paragraph 1, their application will not be considered.

3. The data collected during these tests and checks will be communicated to the applicant.

4. The head of the service or department head may, after hiring, require the employee at any time to provide proof that the requirements listed in Article 18 of the Law on the Personnel of the Canton of Wallis are still being met. Refusal to undergo a check may lead to other administrative measures in accordance with the legislation.

1. The state supports the retention and integration into the labor market in particular through

a) measures to support the retention of employment for sick or injured employees;

b) internship positions for young people and the unemployed;

c) sheltered workplaces for persons with impaired capacity.

2. The State Council decides on the necessary provisions through directives, decisions, and procedures. The directives particularly address semi-protected employees.

1. The employee informs the competent authority of the intended transition into retirement generally 6 months before the date of entering into retirement, but at the latest 3 months before.

1. If the requirements of the department do not oppose, the appointing authority may extend the employment relationship of an employee who has reached the statutory AHV age, either fully or partially, if he requests it and fulfills the following conditions cumulatively

a) * The employee meets all tasks in his job description and provides full satisfaction regarding both performance and behavior, and

b) * No administrative measure may have been imposed on the employee during the last 5 years, and

c) * The employee must fulfill the general duties corresponding to his function according to Article 20 of the Law on the State Personnel of Valais.

2. The employee must request the extension at least 6 months before reaching the statutory AHV age or at least 6 months before any further extension.

a) * ...

b) * ...

3. The extension is for one year. Upon a reasoned request by the employee, further extensions of the employment relationship for a duration of one year may be provided for.

1. The appointing authority may place an employee who has reached the age of 62, or the age of 60 for personnel of correctional facilities and cantonal police, into early retirement, either fully or partially, under the following alternative conditions

a) Deficiencies in performance and/or behavior, or

b) Lack of suitability or abilities to perform certain tasks related to the position, or

c) Lack of motivation, or

d) Impairment of mental and/or physical health, or

e) Refusal to participate in mandatory training required for the performance of duties, or

f) Abolition or modification of the position.

1. The procedure for the termination of the employment relationship for important reasons must be initiated after becoming aware of the important reasons, and the decision must be made within a short period, taking into account the requirements of the investigation.

1. During the termination of the employment relationship by the employer within the statutory deadlines, the employer may exceptionally release the employee from the duty to work if the trust relationship is disturbed or if the circumstances require it.

2. In the event of a release from the duty to work, the vacation balance and any overtime are canceled.

1. The amount of compensation is determined by the State Council within the framework of the Civil Service Act (kGPers).

1. A contractual appointment remains an exception. The modalities for amending or terminating a contract are defined within the contract itself, within the framework set by the kGPers.

1. The employee uses the materials and work tools provided by the employer for the performance of their duties with care.

2. The employee is prohibited from transmitting original or copied service documents to third parties or retaining them for personal purposes. The employee must allow their supervisor access to professional documents, particularly electronic data.

3. The State Council enacts provisions on the use of information technology and telephony by regulation and/or through directives, particularly defining the conditions of use and monitoring measures.

1. The acceptance of minor gifts and other advantages is not considered as acceptance of a gift or advantage within the meaning of the law. Minor gifts or advantages are considered to be courtesy gifts, the total market value of which does not exceed CHF 200.

2. The State Council decides the necessary provisions by means of guidelines.

1. Secondary employment that clearly does not impair the proper performance of professional duties must be approved by the department head.

2. Employment that could a priori impair the proper performance of professional duties, as well as secondary employment that is related to the function, must be approved by the appointing authority.

3. Approval will be denied if there is a risk that the secondary employment will harm the proper performance of professional duties or if it is found to be incompatible due to its relation to the function.

4. The State Council shall establish the necessary provisions by means of directives.

1. The employee unable to work, whose claim to wages is soon to end, must undergo a medical examination by the trusted physician of PKWAL.

2. A permanent period within the meaning of Article 28 paragraph 1 of the kGPers refers to a duration of more than three months.

3. A valid reason within the meaning of Article 28 paragraph 4 of the kGPers exists particularly in cases of repeated absence, suspicion of misuse or addiction, significant decline in performance, and inappropriate behavior.

4. The State of Valais collaborates closely with the IV for the early detection of potential health problems among its employees, in order to promote their occupational reintegration.

1. An employee who is criminally prosecuted for an offense or misdemeanor in accordance with Article 28a of the Law on the Personnel of the State of Valais is required to inform the Council of State through their service chief and department head.

1. The Disciplinary Commission generally consists of three members or three deputy members and is composed as follows

a) A member of the State Chancellery as President;

b) * A member of the Personnel Management Office;

c) * A representative of the social partners.

2. The President must have a legal education, and the State Chancellery ensures the secretariat of the Commission.

3. The State Council may issue supplementary provisions by means of directives.

1. The central personnel management office shall be consulted and informed about all envisaged administrative measures affecting the staff of the administration.

2. The responsible head of the department shall be informed about the warnings issued.

1. Each employee is assigned a place of work. The latter must be specified in the employment decision.

2. If the job requires, an employee may be assigned multiple places of work. The latter must be specified in the employment decision.

2a. If the organizational needs of the department require, the adjustment of multiple places of work within the same department falls under the authority of the department head.

3. In the event of a transfer of an employee, Article 54, Paragraph 3 of the kGPers is applied for the change of place of work.

4. ...

1. The State of Valais shall take all necessary measures to protect employees who are confronted with allegedly unjustified threats, attacks, or other infringements on their personal rights in the exercise of their functions. If necessary, it shall also support employees who have a duty to report any offenses that are prosecuted ex officio.

2. The employment authority may grant legal assistance to an employee, provided that the request is made at the beginning of the dispute

a) in civil law, if it is requested due to damage suffered in the exercise of their functions, or if the employee is acting as an intervening party in a lawsuit against the state;

b) in criminal law, if the employee is acting as a plaintiff due to a violation of rights suffered in the exercise of their functions, or if the employee is a defendant in a dispute related to the exercise of their functions.

3. Legal assistance may be granted after the termination of the employment relationship.

4. By decision of the employment authority, the costs of legal assistance shall be borne in whole or in part by the employee if they are found guilty and if they have intentionally or grossly negligently violated their duties.

5. The State Council shall determine the necessary provisions by directives or decisions.

1. Employees report to the whistleblowing office of the State of Valais any irregularities and grievances of which they become aware in the course of performing their duties. Reports from third parties need only be submitted if there is sufficient evidence or if the circumstances have been credibly presented.

2. The whistleblowing office of the State of Valais investigates the matter and takes the necessary measures. In particular, it ensures the anonymity of the employees.

3. No one shall be professionally disadvantaged for having reported an irregularity in good faith.

1. The State Council appoints a Security Commission presided over by the State Chancellery for each administrative period.

2. The Security Commission has the following duties

a) To promote coordination between the authorities responsible for the protection of employees who, in the course of their duties, are exposed to threats, alleged attacks, or other violations of personal rights, or who are responsible for supporting employees in conflict-laden or critical situations;

b) To implement necessary measures to ensure the protection of personal rights, particularly through information, prevention, training, and guidance.

3. The State Council may issue supplementary provisions through directives.

1. The State of Valais provides the necessary human, financial, and infrastructural resources required to implement measures for the prevention of occupational hazards.

2. These measures aim to eliminate dangers and reduce risks; to diagnose work-related illnesses at an early stage and prevent the deterioration of symptoms, and to ensure the care and integration of individuals with work-related illnesses.

3. The State of Valais equips itself with adequate internal and external expertise (e.g., in the fields of ergonomics, health, hygiene, safety, and occupational medicine).

4. The State of Valais plans special health and safety measures for employees who perform night work.

5. The Council of State decides, by regulatory means, through directives and procedures, on the necessary provisions.

1. The State Council provides an organ which ensures support for employees and supervisors in difficult professional and personal situations. Specifically, it is tasked with actively participating in the resolution of interpersonal conflicts.

2. The duties of this organ are defined in an instruction.

3. Meetings generally take place during working hours.

1. The trusted doctors handle personal health data confidentially and maintain the medical records.

2. They provide the DPM with all medically relevant information necessary to determine the employee's work capacity.

1. The Relief Fund is designated to provide exceptional assistance to an employee or the family of an employee in a temporarily very difficult situation.

2. It may be made available particularly in the form of an interest-free loan or a salary advance.

3. It is funded by donations and extraordinary income.

4. The DPM is entrusted with the administration of the fund.

5. A commission, composed of representatives from the DPM and the ZMLP, proposes to the State Council the use of this fund for each case.

1. The State Council regularly informs its employees about the projects, measures, and decisions that affect them.

2. In the name of the State Council, the State Chancellery uses the Information Wallis (IVS), the DPM, or another organizational unit to communicate and inform through appropriate, relevant information channels.

3. Department heads and supervisors are required to relay the information and, if necessary, provide explanations when there are inquiries. They are particularly tasked with transmitting all necessary and useful information to employees for the execution of their duties.

4. Employees have the right to be consulted and informed about draft laws and significant information related to personnel. The survey and information dissemination can be conducted in collaboration with the ZMLP and/or the staff associations or be realized by them.

1. The State Council shall take measures to encourage its personnel to adopt responsible behavior in the fields of sustainable development and environmental protection.

**1. Training of Personnel and Measures for Personnel Development allow:**

a) to support employees in the realization of their current and future tasks and challenges;

b) to meet the demand for qualified and motivated personnel, specialists, project and management managers;

c) to comply with the requirements of the labor market;

d) to maintain and improve the flexibility and mobility offered to employees;

e) to support employees in the acquisition of new competencies so that they can take on new tasks and functions;

f) to participate in the personal development of the employee;

g) to promote employee satisfaction and the attractiveness of the State of Valais as an employer.

**2. The State Council enacts, by regulation, the necessary provisions regarding further training.**

1. Measures in Favor of Equal Opportunities

The measures in favor of equal opportunities consist particularly in encouraging a balanced gender distribution at all hierarchical levels and in all functions of the cantonal administration.

1. The State of Valais supports and promotes part-time work for both women and men, as well as flexible working arrangements, provided that the organization and capabilities of the service department permit.

2. The part-time employee shall inform themselves and be regularly informed about events and developments during their absence.

1. Telework is a flexible form of employment aimed at improving the performance and motivation of employees while optimally balancing professional and private life.

2. ...

3. The State Council issues the necessary provisions through directives, particularly concerning the authority to approve telework. It may provide special provisions for certain categories of personnel.

**1. Employees are entitled to reduce their employment level by up to 20 percent, down to a remaining employment level of 60 percent, following the birth or adoption of one or more children.**

2. The claim for a reduction in the employment level must be asserted within 12 months after the birth or adoption of the child.

3. Work with a reduced employment level shall commence no later than the first day following the expiration of the 12-month period mentioned in paragraph 2.

4. The State Council may establish categories of personnel by directive, which are excluded from the application of paragraphs 1 to 3.

5. If the requirements of the service allow, the appointing authority may approve an employment level below 60 percent.

1. The Canton of Valais contributes financially up to a maximum of 50 percent to the childcare costs for its personnel. The percentage is determined annually by a decision of the Council of State.

2. The childcare costs are reimbursed in the following year based on the actual invoices.

3. The Council of State issues the necessary provisions through directives.

1. For the purpose of a health check-up, every employee subject to PKWAL contributions shall receive a payment of 200 Swiss Francs from the age of 55, regardless of the level of employment. This health check-up will be provided no later than one year before the official retirement age. This check serves as support for the maintenance and protection of health. The legal provisions relating to social insurance are applicable.

2. The designated amount will be paid with the salary of the month in which the employee celebrates their birthday.

3. The Personnel Management Department establishes the rules for implementation.

1. Employees have access to a care service in the event of illness/accident involving their children.

2. The State of Valais and the Red Cross Valais conclude an agreement on the modalities of application.

1. The employee may request a certificate at any time regarding the nature and duration of the employment relationship, as well as about the quality of their work and work conduct.

2. At the express request of the employee, the certificate may only provide information about the nature and duration of the employment relationship.

3. Before the departure, the supervisor shall prepare a work certificate and conduct an exit interview with the departing employee. The DPM, a contact person for personnel matters, or an HR representative may also conduct an exit interview with the employee.

4. The work certificate is generally delivered by the supervisor during the exit interview.

5. The Council of State issues directives and processes concerning the standardized preparation of work certificates and the standardized conduct of exit interviews.

1. The transition from the old statute to the new statute occurs ex lege, without a new individual decision.

2. In special cases (renewal of employment, provisional appointment, illnesses, change of job title, workplace, etc.), individual decisions may be made.

3. Subject to the foregoing transitional provisions, all provisions contrary to this regulation are repealed, particularly the regulation on the employment relationship of auxiliary staff and employees with an indefinite employment relationship dated 17 December 1997.

1. This regulation shall be published in the Official Gazette and shall enter into force on July 1, 2011.