Regulation on working hours in the cantonal administration (RTTr) (RAZ)
Table of Provisions (29)
Statutory Text (29 Provisions)
1. This regulation aims to establish working hours and monitor them.
1. Employees who are no longer subject to timekeeping are granted a deadline until December 31, 2025, to exhaust any accrued balances acquired at the time of the change, or any negative balances will be offset against the vacation balance. Hours that are not used within this period will be canceled without compensation or re-credit.
1. This regulation, subject to special provisions, is applicable to the employees of the cantonal administration and state institutions, the corps of the cantonal police, the administrative and operational staff of the cantonal schools, the administrative staff and court clerks of the courts and the public prosecutor's office (hereinafter referred to as: the employees).
1. The annually required number of hours serves as the calculation basis.
2. The Personnel Management Office (hereinafter: PMO) informs the department heads of the target hours to be worked annually, according to the annual work plan approved by the State Council.
3. The hours that constitute the annual working time duration may be completed in less than twelve months.
4. The distribution of working hours is determined by foreseeable daily, weekly, monthly, and seasonal fluctuations in the workload volume as well as their scheduling.
5. Special provisions of the State Council remain reserved.
1. The annual working time is the standard working time model applied in the cantonal administration.
2. The implementation of group working time, related to the specific functions in the various departments or institutions, is regulated by a special decision of the State Council. The affected employees are consulted before the group working time comes into effect.
3. If special official circumstances require it, the right of one or more persons to use the annual working time can be partially or fully, temporarily or permanently restricted by the head of service, in agreement with the DPM.
4. Heads of service, general secretaries of the executive staff, departmental delegates, personal employees/advisors to the heads of departments, deputies of the heads of service, and staff officers of the cantonal police utilize the annual working time and are not subject to time tracking requirements.
1. Working time control and general supervision are ensured by the division head in collaboration with the DPM. In cases of misuse, the division head must take the necessary measures.
2. The division head may entrust the control partially or entirely to an employee.
3. The department head may, after consulting with the division head, mandate the DPM to conduct random checks.
4. The division heads are obliged to provide information upon the DPM's request regarding the situation of all their employees concerning overtime, working hours, and vacation balance.
5. The person responsible for time management is tasked with updating the working hours of the employees in their division, applying the decisions made by the division head, and informing them in cases of misuse or non-compliance with the regulations.
1. The weekly working hours are generally performed from Monday to Friday, with approval from the department head also on Saturday.
2. The normal working time amounts to 8 hours and 24 minutes per day (industrial time 8.4 hours), or 42 hours per week.
2bis For employees who have reached the flexible retirement age, the weekly working hours are reduced pro rata temporis by one hour.
3. The Human Resources Department is the point of reference for working hours.
1. The daily work schedule begins no earlier than 6:00 a.m. and ends no later than 7:00 p.m., with the working day not to exceed 10 hours and 24 minutes.
2. Within the framework of this work schedule and subject to a smooth workflow, which is decisive, the employee may determine the start and end of their work each day.
3. Work performed before 6:00 a.m. and after 7:00 p.m., as well as work exceeding 10 hours and 24 minutes, or performed on Sundays, public holidays, and non-working days, is recorded by the system but not credited. It can only be considered as working time or overtime if it is ordered or subsequently recognized by the department head, who endorses the relevant documentation.
4. If the workload or the needs of the department demand or permit, the department head may require the performance of the regulated working hours, overtime, or the implementation of reduced working hours.
5. If the needs of the department require, the department head may establish mandatory presence times.
1. All personnel of the State of Valais are subject to a system of working time recording, with no possibility for deviations. Exceptions are the categories specified in Article 23 of this regulation.
2. Working time is recorded daily (including nights, weekends, public holidays, or non-working days) through a central electronic control system or another system recognized by the DPM.
3. Time recording by third parties is prohibited.
4. The following must be recorded
a) every work start;
b) every work end;
c) every work interruption (except for short work breaks);
d) every absence considered as working time.
5. If the employee leaves the office building for official duties, the absence need not be recorded, provided that they return to their workplace before the end of work (midday or evening) and remain at their regular work location.
1. The offices are generally open from Monday to Friday. The head of the department designates the offices that must be open on Saturday for official reasons.
2. The service counters' opening hours are set from 8:30 AM to 11:30 AM in the morning and from 2:00 PM to 5:00 PM in the afternoon, and until 4:00 PM on the eve of holidays. The head of the department is authorized to decide on deviations from these presence times.
3. The head of service organizes continuous presence during the counter opening hours. If special reasons justify it, he can establish additional mandatory presence times.
1. Employees shall be granted a break of 15 minutes each in the morning and afternoon, which counts as working time (including cigarette breaks).
2. These work breaks must generally be spent in designated areas and not in public restaurants.
3. All non-occupational absences from the workplace do not count as working time and must be taken as personal time.
1. Work must be interrupted by a mandatory break of at least 30 minutes every six hours. Breaks of less than 30 minutes will automatically be rounded up to 30 minutes.
2. The break must be taken outside of the workplace and does not count as working time.
1. In field service, the working hours generally consist of the actually performed working time and the countable travel time, but not exceeding the maximum daily working hours (10 hours 24 minutes).
2. Countable travel time refers to the travel time between the travel destination and the normal place of work, or the place of residence if it is closer to the travel destination.
3. When present at the workplace before and/or after the field service, the actually performed working time is added to the total hours worked in the field service, but not exceeding the maximum daily working hours (10 hours 24 minutes).
4. For multi-day field service, paragraphs 1 and 2 above apply to the first and last days. For the remaining field service days, the actually performed working time is decisive, but not exceeding the maximum daily working hours (10 hours 24 minutes).
5. No time may be recorded as overtime.
6. The actual duration of the lunch break is not considered working time.
7. If an employee participates as a representative of their department in a special official event, the hours until the end of the official part are counted as working time.
1. The duration of an internal training course is 8 hours 24 minutes per full day and 4 hours 12 minutes per half day, regardless of the level of employment. When present at the workplace before and/or after the internal training course, the actual working time is added to the total hours spent in training, but only up to the maximum daily working time (10 hours 24 minutes).
2. If the courses do not take place at the regular place of work, the duration of travel between the course location and the regular place of work, or the place of residence if it is closer to the course location, can be considered beyond the normal daily working hours. However, the total credited working time must not exceed the maximum daily working time (10 hours 24 minutes).
3. The actual training hours (mandatory or recommended) are counted as working time for training courses conducted in the evening or on weekends.
4. No time may be recorded as overtime.
5. The actual lunch break may not be counted as working time.
6. Should the employee decide to participate in an internal training session labeled as "optional" by their department head, this must occur during their free time.
1. The number of granted external training days is determined according to the Training Regulations of January 26, 2011.
2. The duration of an external training course mandated by the department (Art. 9 of the Training Regulations) is 8 hours and 24 minutes per day, and 4 hours and 12 minutes per half-day, to which travel time is added regardless of the employment level.
3. The duration of a training course of mutual interest (Art. 10 of the Training Regulations) is calculated pro-rata to the employment level if the training day falls on a scheduled working day. Travel time is added to this duration, but not exceeding the maximum daily working time (10 hours and 24 minutes).
4. The duration of a training course of subordinate interest (Art. 11 of the Training Regulations) is calculated proportionally to the employment level if the training day falls on a scheduled working day. Travel time is not counted.
5. No time is credited for a training course solely in the interest of the employee (Art. 12 of the Training Regulations).
6. External training courses that take place in the evenings or on weekends must be taken from the employee's personal time, unless it is mandated training or training of mutual interest.
7. No time is to be recorded as overtime.
1. Within the scope of statutory claims, the following absences are considered working hours
a) Illness and accident;
b) Maternity and adoption;
c) Military and civil defense service;
d) Vacation, special leave, and loyalty leave;
e) Other absences with prior approval from the DPM.
2. Full days of absence are counted as 8 hours 24 minutes, half days as 4 hours 12 minutes.
3. In the event of an absence that suddenly occurs during a workday, the recorded working hours may be supplemented, but only up to the duration of the normal daily working hours (8 hours 24 minutes).
4. For each absence, a written permission or confirmation from the department head must be obtained.
1. Absences due to illness or accident concerning the employee's own person must be confirmed by a medical certificate after three consecutive workdays (excluding weekends and public holidays) by all employees.
2. The supervisor may exceptionally require a medical certificate from the first day of absence, provided that the employee has been informed in advance.
3. In the event of illness or accident during vacation, a medical certificate must be provided from the first day of illness or accident in order to reschedule the vacation days.
4. In case of longer absence, the employee must submit a new medical certificate every month.
5. An assessment by the company's designated physician may be requested at any time.
1. Medical examinations concerning one's own person must be scheduled outside of working hours. However, between 8 a.m. and 12 p.m. and between 2 p.m. and 5 p.m., a maximum of one hour per day (including travel time) is permitted for medical examinations, regardless of the duration of the examination and the level of employment, provided that the normal daily working time (8 hours 24 minutes) is not exceeded. Outside of these time frames, the doctor's visit must be taken during free time.
2. For medical examinations concerning one's own person that take place outside the canton, the necessary time for the examination and travel, but not exceeding the normal daily working time (8 hours 24 minutes), will be granted with prior approval from the service chief.
3. Frequent treatments are subject to a written agreement with the service chief in cooperation with the DPM.
4. Medical examinations are considered to include individual appointments for carrying out medical examinations, treatments or care services, blood donations, which are covered by health insurance and carried out by doctors, dentists, chiropractors or any other persons who provide services on medical orders.
5. An expert opinion with the trusted physician can be requested at any time.
1. In cases of absences due to disasters and extraordinary situations, the Council of State may establish the principles for accounting such absences resulting from these events.
2. For other situations (interrupted traffic routes, landslides, avalanches, etc.), the department head, in collaboration with the DPM, determines the modalities for accounting the absence.
1. The difference between the daily working hours to be performed and the hours actually worked may result in a permanent time credit (positive balance) or a permanent time debt (negative balance).
2. On December 31st of each year, the positive balance may not exceed 60 hours and the negative balance may not exceed 20 hours. Working hours exceeding 60 hours shall expire without compensation or any form of restitution.
3. ...
4. The supervisors are responsible for ensuring that any negative balance exceeding 20 hours on December 31st is settled within a reasonable period. Otherwise, the DPM is particularly authorized to make a salary deduction to offset this debt.
1. The balance may be compensated with the agreement of the supervisor in the form of individual days, consecutive days, half days, or separate hours.
2. In the case of compensation, the difference between the actual hours worked and the regulatory daily working hours will be deducted from the positive balance.
3. Provided that the workload allows, or as part of the annual or regular work planning, the supervisor may require the employee to reduce their positive balance through compensation on one or more days or by applying reduced working hours.
1. Working hours are to be adjusted according to the workload, taking into consideration the annual work planning. Overtime may only be performed in exceptional cases.
2. Overtime is defined as
a) the working hours which exceed the maximum daily working hours (except in the case of field work and training courses);
b) the working hours performed between 7 PM and 6 AM, provided the working hours actually performed during the day exceed the regulated working hours (except in the case of field work and training courses);
c) the working hours performed on Sundays, public holidays, and non-working days (8 hours 24).
3. Overtime is ordered or subsequently acknowledged by the department head, who also signs off on the relevant documentation.
4. Overtime must be compensated in the form of days, half-days, or individual hours.
5. When compensated in the form of days or half-days, 8 hours 24 or 4 hours 12, respectively, are deducted from the overtime balance. When compensated by individual hours, only the hours missing to complete the regular daily working hours are deducted.
6. The employee may use overtime to compensate a negative balance of the annual working hours.
7. The time recording system monitors the overtime performed and compensated.
8. The department head, in collaboration with the DPM, ensures that overtime is compensated. Overtime exceeding 100 hours will be deleted, without compensation or transfer, annually on December 31, irrespective of the level of employment.
1. The annual working hours for part-time employees shall be set in proportion to their employment level.
2. The head of department shall determine the weekly distribution of working hours in agreement with the employee.
3. The difference between the hours to be worked daily and the hours actually worked may result in a permanent time credit (positive balance) or a permanent time debt (negative balance).
4. On December 31 of each year, for employees whose employment level exceeds 50 percent, the limits of the positive balance and negative balance shall be calculated in proportion to the employment level in accordance with Article 19.
5. On December 31 of each year, for employees whose employment level is 50 percent or less, the positive balance must not exceed 30 hours and the negative balance must not exceed 10 hours.
6. On December 31 of each year, any working hours exceeding the limits set forth in paragraphs 4 and 5 shall lapse without compensation or settlement of any kind.
7. Heads of department shall ensure that any negative balance exceeding 20 hours or 10 hours on December 31 is balanced within a reasonable period. Otherwise, the HR department is specifically authorized to deduct from the salary to compensate for this debt.
8. The head of department, in collaboration with the HR department, shall ensure that overtime is compensated. Overtime exceeding 100 hours shall be eliminated annually on December 31 without compensation or transfer, regardless of the employment level.
1. The department heads, the general secretaries of the executive staff, the department delegates, the personal aides/advisers of the department heads, the deputies of the department heads, and the staff officers of the cantonal police manage their working time according to their professional duties.
2. ...
3. Working hours that exceed the reference working time do not entitle any financial compensation and cannot be recorded.
4. The department head may grant up to five additional days off per calendar year to compensate for the working hours performed by the department heads, the general secretaries of the executive staff, the department delegates, and the personal aides/advisers of the department heads which exceed the reference working time, upon their justified request. The decision of the department head is forwarded to the DPM for registration.
5. The department head may grant up to five additional days off per calendar year to compensate for the working hours performed by his deputy, or by the staff officers of the cantonal police, which exceed the reference working time, upon their justified request. The decision of the department head is forwarded to the DPM for registration.
1. Upon the termination of the employment relationship, the employee is obligated to balance the totals of working hours, vacation, and overtime. A positive balance cannot be compensated in cash. A negative balance will be deducted from the salary. The service manager or the department head ensures that conditions allow the employee to fully compensate for the totals of working hours, vacation, and overtime before their departure.
2. Provisions regarding the remuneration of employees remain reserved.
1. Group Work Time is designated for groups with specific needs that do not fall under the provisions of Annual Work Time. It is approved by the State Council.
2. Each Group Work Time is determined based on the needs and possibilities of the affected group.
3. The provisions concerning Annual Work Time apply subsidiarily.
1. Pursuant to the opinion of the DPM, the head of the affected group shall submit a reasoned application for group working hours to the Council of State. This application shall specifically mention the distribution of working hours, the start and end of the daily schedule, any mandatory working times, the lower and upper limits for the time credit balance, compensation possibilities, as well as the vacation and overtime regulations.
2. Before the decision by the Council of State, the employees shall be heard.
1. The employee who disregards the provisions of these regulations is subject to disciplinary measures in accordance with Articles 29 et seq. of the Law on Employees of the State of Valais dated November 19, 2010.
1. This regulation shall be published in the official gazette and shall enter into force on January 1, 2012.
2. It repeals all previous provisions and decisions that conflict with it, in particular the regulation concerning working hours in the cantonal administration dated November 14, 2001.