Regulation on persons in basic vocational training in the Cantonal Administration - Principles and Objectives

1. The education of the youth is a fundamental duty of every society. It is therefore important that the Valais Cantonal Administration sets an exemplary standard in this area.

2. As vocational education is an investment to ensure an optimal succession in the cantonal economy as well as in society in general, the state aims to offer high-quality education with apprenticeships across a broad and current range of training programs in line with the labor market.

3. The educational policy dimension of the State of Valais as a public institution must be fully integrated into its political and economic mission to meet the expectations of citizens and the market.

1. This regulation is applicable to individuals in vocational education and training within the cantonal administration, state institutions, courts, and the public prosecutor's office (hereinafter: individuals in VET).

2. Excluded from this regulation are all vocational educations and trainings that are subject to specific provisions. The administrative management of these trainings is governed by the relevant provisions of the Council of State.

1. The terms for persons, status, role, or profession in this regulation apply equally to both genders.

1. Persons included in the BGB are

a) Learners who are undergoing a company-organized basic vocational education;

b) KBM interns who are completing a long-term internship as part of a school-organized basic vocational education, in accordance with the ordinance of the State Secretariat for Education, Research, and Innovation (SBFI) on the basic vocational education for commercial employees with the Federal Vocational Education and Training Diploma (EFZ) dated September 26, 2011;

c) EMVs interns who are completing a long-term internship as part of the BGB through the Vocational School Wallis.

2. The basic vocational education serves to impart and acquire the skills, knowledge, and abilities required to perform an activity in a profession or a professional or occupational field. The diplomas acquired during this training are either a Federal Vocational Certificate or a Federal Vocational Education and Training Diploma. In addition to the Federal Vocational Education and Training Diploma, the professional baccalaureate can be obtained, in accordance with the respective federal and cantonal legal provisions.

1. The State Council delegates the authority for hiring and termination to the Personnel Management Office (PMO), with the prior opinion of the relevant departments.

1. All apprenticeship positions and KBM internship placements are publicly advertised by the DPM in the official gazette and, if necessary, in newspapers, trade journals, on the internet, and/or other communication platforms. EMVs internship placements are advertised in the relevant schools.

2. If the result of this advertisement is insufficient, a position may also be filled based on a late or spontaneous application, provided the applicant meets the conditions of the advertised position.

3. Individuals under BGB may not be employed for a position if the direct supervisor is a parent or is related or connected by marriage within the first or second degree.

4. Before concluding a contract, the State of Wallis may require the candidate to provide a medical certificate or another document attesting to their suitability for the intended training. The hiring authority may request an update of these documents at any time.

1. The DPM establishes the systematic and standardized selection process. This process is to be applied to all individuals to be employed in BGB.

1. The State Council may, upon the proposal of the DPM, provide specific organizational measures to facilitate the achievement of the established objectives in the federal ordinance on vocational education and training.

1. The training and internship contracts are valid only in written form.

2. The contract specifies in particular the type and duration of the vocational training, the agreed salary for the entire training period, the duration of the probationary period, the working hours, and the vacation entitlement in accordance with the legal regulations.

3. The applicable provisions for the employees of the State of Valais remain in effect.

1. The probation period lasts three months.

2. By agreement of both parties and with the consent of the Vocational Training Authority, the probation period may be exceptionally extended by a maximum of three additional months, up to a total of six months, before its expiration.

3. During the probation period, either party may terminate the apprenticeship or internship contract at any time by giving seven days' notice.

1. The duration of the employment is defined in the terms of the apprenticeship or internship agreement, which is concluded between the person under civil law, their legal representative, and the State of Valais.

2. The employment of the person under civil law ends without termination upon the expiration of the duration specified in the apprenticeship or internship agreement, subject to any possible extension.

3. The duration of vocational training may be reasonably extended or shortened for particularly capable or previously trained individuals, as well as individuals with learning difficulties or disabilities.

4. In case of repeating the school year, failing the qualification procedure, or for other important reasons, the employing authority may extend the employment with the prior opinion of the Vocational Education Office.

5. Reserved is the termination, which can be effected at any time by the employing authority for important reasons.

1. After the probationary period, the apprenticeship or internship contract can be terminated by mutual agreement.

2. The apprenticeship or internship contract can be terminated by the employer or the person in accordance with the Civil Code (BGB) for important reasons prematurely and without notice, particularly

a) if the person in accordance with the Civil Code does not possess the indispensable physical or mental abilities for the education or is at risk health-wise or morally; the learner and, if applicable, their legal representative must be heard beforehand;

b) if the training cannot be completed as initially intended or only under significantly altered circumstances;

c) after a warning, if the person in accordance with the Civil Code does not attend the courses they are obligated to complete.

3. In the event of the dissolution of the apprenticeship or internship contract, the DPM must immediately inform the DB.

4. A DPM process establishes the conditions in the event of a contract dissolution.

1. The person in the Civil Code must undertake all efforts to achieve the goal of their training.

2. They must perform work duties, acquire practical knowledge, attend external courses, and, if applicable, attend vocational school classes.

1. The Individual in the German Civil Code (BGB) is entitled to remuneration. This is paid at the end of the month, excluding the thirteenth month's salary, and consists of

a) Basic remuneration;

b) Thirteenth month's salary.

1. All salaries of the persons in the Civil Code are paid based on the salary table established by the State Council.

2. These amounts are adjusted for inflation in the same manner as the salaries of the other employees of the cantonal administration.

1. In the event of the repetition of the apprenticeship year, the salary corresponding to the year being repeated shall be paid.

1. As a rule, absences due to illness or accident must be confirmed by a medical certificate after three consecutive days.

2. The head of service can exceptionally require a medical certificate from the first day of absence, provided that the person concerned has been informed of this requirement in writing beforehand.

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 have the vacation days recredited.

4. For longer absences, the person concerned must submit a new medical certificate monthly.

5. An assessment by a trusted physician can be requested at any time.

1. In the event of absence due to illness or accident, the applicable provisions for state employees shall apply. The entitlement to salary ends with the expiration of the teaching or internship contract.

1. The person in the Civil Code is mandatorily insured under the provisions of the Federal Law on Accident Insurance of March 20, 1981 (UVG).

2. The employer insures the persons in the Civil Code against the risk of occupational and non-occupational accidents.

3. The insurance premiums for non-occupational accidents are borne by the person in the Civil Code.

1. Applicable are the provisions of the law and the regulation concerning the remuneration of employees of the state of Wallis, provided that the person in BGB attends the intercompany courses or the apprentice attends the classes at the vocational school.

2. If the employment relationship ends before six months after childbirth, the entitlement to remuneration expires with the termination of the apprenticeship or internship contract.

1. During mandatory or non-mandatory military and civil protection service, the person in the Civil Code has no entitlement to salary. However, compensation for loss of earnings is paid to them by the cantonal compensation office.

2. The person in the Civil Code is obliged to submit their service record card to the cantonal financial administration within five days after completing each mandatory or non-mandatory service.

1. Applicable are the provisions of the Ordinance on the Salaries of the Employees of the State of Valais.

1. The applicable provisions of the Regulation on the Salaries of Employees of the State of Valais shall apply.

2. During unpaid leave, the person is obligated under the BGB to attend inter-company courses as well as, if applicable, the classes at the vocational school.

1. The journey from the place of residence to the usual place of work is not compensated, not even on Saturdays, Sundays, public holidays, and days off.

2. For the journey between the place of residence and the vocational school, the provisions of the Regulation on the Assumption of Travel Costs in Public Transport for Learners and Students of Secondary Level II as of June 6, 2012, apply.

3. The person in BGB can have the additional travel costs, which arise from inter-company courses, reimbursed at the public transport rate (2nd class ticket) from the usual place of work, the location of the vocational school, or the place of residence (whichever location is closest to the destination). The route according to paragraph 1 and paragraph 2 is not reimbursed under any circumstances.

4. For inter-company courses, meal expenses are reimbursed to the persons in BGB if the course location differs from the usual place of work and/or the location of the vocational school and/or the place of residence.

5. The expense regulation dated June 24, 2010, can be applied for persons in BGB during field service activities and participation in internal training courses of the cantonal administration.

1. Regardless of age, the person under the Civil Code (BGB) is entitled to five weeks of paid vacation per training or internship year.

1. The vocational basic education is distributed across several levels: training at the workplace, sector-specific inter-company courses, and, if applicable, instruction at the vocational school.

2. The person in vocational basic education (BGB) undertakes to engage fully throughout the entire training period in order to acquire the necessary competencies to complete the education.

3. In return, the various entities commit to creating the necessary conditions for an optimal progression of the vocational basic education.

1. With the aim of continuously improving the quality of vocational training within the company, the offices are, in turn, obliged to utilize the tools specified in the federal regulation for vocational education or by inter-cantonal bodies (educational plans and model curricula, semi-annual educational reports, training manuals, etc.).

2. The offices must provide the authorities with the operational experience grades specified in the federal regulations at the end of each semester, along with all other elements required for the qualification procedure in accordance with the guidelines of the vocational education office and/or the professional sectors.

1. In the event of intentional or negligent breach of duty, the person is liable under the Civil Code (BGB).

1. The relevant provisions in the Law and the Ordinance on the Personnel of the State of Valais are applicable to administrative measures.

2. Criminal and civil proceedings are reserved.

1. This regulation shall be published in the Official Gazette of the Canton of Valais and shall enter into force on August 1, 2016.

2. Upon the entry into force of this regulation, all provisions that contradict it shall be repealed, particularly the regulation concerning the apprentices of the cantonal administration dated June 20, 2007.