Regulations on continuing training for the staff of the Cantonal Administration (Regulations on Training) - Principle

**1. Continuing Education is an Important Component of the Personnel Policy of the Cantonal Administration**

Continuing education is an important component of the personnel policy of the cantonal administration. The administration strives to support its employees in maintaining and developing their competencies and to provide the necessary resources for this purpose.

**1. This regulation governs the further training of employees, apprentices, interns, and semi-protected workers (hereinafter: employees) of the cantonal administration (hereinafter: employer), including the cantonal police, the administrative and technical staff of the cantonal institutions and schools, the courts, and the public prosecutor's office, subject to other statutory provisions that may apply.**

**2. This regulation does not apply to teaching staff, magistrates (judges, prosecutors, etc.), and court clerks.**

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

**1. Training and Development as Defined by This Regulation Encompasses All Activities That Promote:**

a) * Acquisition and development of the competencies necessary to fulfill the job description;

b) * Development and updating of the skills to ensure professional mobility and the employability of employees according to the employer's needs;

c) * Acquisition and development of competencies directly related to current or future professional requirements.

**2. The Following Are Considered as Training and Development:**

a) * Training seminars and courses with certification;

b) * Part-time professional development programs;

c) Postgraduate studies;

d) Study trips;

e) * Language training and stays;

f) * Coaching for the purpose of professional advancement.

1. The Office for Personnel Management (OPM) develops the further training strategy on behalf of the State Council and supports the departments in defining the further training objectives of their employees as well as in the planning, coordination, organization, and implementation of further training measures.

2. The planning, coordination, and accompaniment of the implementation of further training is an integral part of the management process, in which both employees and supervisors play an active role.

3. Employees have both the right and the obligation to regularly pursue further training. Employees may, in certain cases, be held personally accountable if they fail to complete further training essential to their work.

4. Supervisors motivate employees to pursue further training and support their efforts in this regard.

5. Heads of departments ensure the proper accounting of further training expenses. The costs for external further training covered by the employer must be indicated on the salary statement by the responsible office in accordance with the instructions of the tax administration.

1. In the context of a development meeting, supervisors and employees analyze the need for further training and determine it together. This need can be individual or collective in nature.

2. The needs of the employees and the employer must be adequately considered, as long as this is compatible with the overriding interests of the employer and the budgetary possibilities.

3. The discussion and determination of the need for further training must take place at least once a year within the framework of the development meeting.

1. The DPM and the cantonal Information Technology Office (hereinafter: KDI) offer various courses, seminars, development measures, etc., as part of an internally renewed annual training program. The training needs of the offices and employees are taken into account.

2. To ensure the further development of corporate culture or to promote specific competencies of the employees, the offices are authorized, in collaboration with the DPM and/or the KDI, to organize internal training for all or specific target groups. If necessary, external training offers can also be utilized.

1. Employees may also take advantage of external training opportunities offered by private or public providers.

2. These include

a) training mandated by the employer;

b) training of mutual interest;

c) training of subordinate interest to the employer;

d) training solely in the interest of the employee.

1. The following are considered mandated further training

a) * Mandatory further training required by legal provisions, necessary for retaining the right to perform the activity - the necessity of further training may arise from, for example, an instruction, a standard, or a legal document;

b) * Further training explicitly required by the employer - these trainings arise from the hierarchical relationship, are essential for the performance of the role, and must have a direct relation to the job description and the services to be rendered by the employee.

c) * ...

2. ...

3. If employees refuse the mandated further training, they must be informed by their supervisor of the consequences of their behavior. In such cases, the responsible department head will review the continuation of the employment relationship or the reassignment to another role.

1. Continuing Education of Mutual Interest Includes

a) * Training that is necessary for the fulfillment of duties and contributes to the improvement of efficiency and quality of performance - such training is beneficial for both the employee and the employer and can be requested by either party;

b) * Training that specifically contributes to the professional development of the employee within their department or within the cantonal administration (career path, promotion, etc.).

c) * ...

2. ...

1. Training of Minor Interest to the Employer Includes

a) * Training that provides only a minor benefit in connection with the performed functions;

b) * Training primarily requested by the employee for personal benefit to enhance skills and employability.

c) * ...

2. ...

1. The employee shall bear the costs of further training that solely serves their interest.

2. They shall attend such type of further training during their leisure time.

1. The funds provided by the State Council for the continuing education of employees generally amount to between 0.5 and 1 percent of the total payroll.

1. The employer shall cover the costs of internal training in full (100%), namely

a) * the direct seminar costs (flat rate);

b) * the wage costs incurred during the absence from the workplace due to training (including the employer's social security contributions);

c) * travel expenses incurred in connection with the training.

2. The training expenses shall be secured by the DPM and the KDI. In the event of a cancellation or non-participation of an employee in a training program, the respective department shall bear the costs. The State Council shall set the corresponding fees.

1. The employer can cover the following training expenses through the relevant department

a) Registration fees;

b) * Examination fees;

c) * Costs for study materials (up to a maximum amount of 200 francs per training year);

d) * Wage costs incurred during the absence from the workplace due to training (including the employer's social charges);

e) * Travel expenses incurred in connection with the training.

2. All the aforementioned costs, with the exception of wages paid during absence from the workplace for the duration of the training, are considered training expenses.

3. In the case of a mandated training (Art. 9), the employer, through the relevant department, covers all training expenses (100%). In this case, all training days are credited as working time.

4. In the case of a training of mutual interest (Art. 10), the employer, through the relevant department, covers at least 50 percent of the training expenses. The workdays made available for the training are defined in this case between the supervisor and the employee.

5. In the case of a training of minor interest to the employer (Art. 11), the employer, through the relevant department, covers at most 50 percent of the training expenses. Travel expenses are excluded from this and are fully borne by the employee. The workdays made available for the training are defined in this case between the supervisor and the employee.

6. If the training is solely in the interest of the employee (Art. 12), the employer does not cover any training expenses, travel expenses, or workdays.

7. The training expenses are covered by the relevant department.

1. For employees with a workload of less than 50 percent, the employer shall cover half of the contributions defined in Article 15 paragraphs 3 and 4 for external training.

1. The preparatory courses for certain federal examinations (professional examination certificate and diploma for higher professional examinations) are partially subsidized by the federal government, provided that the employee pays the registration fees themselves.

2. The relevant application provisions can be found in the guidelines for the present continuing education regulations.

1. The reimbursement of travel expenses for both internal and external training is governed by the provisions of the expense regulations of the cantonal administration.

2. The counting of travel time is conducted in accordance with the provisions of the regulations on working hours in the cantonal administration and the guidelines relating to the training regulations.

1. Depending on the amount covered by the employer in the case of external training, the employee and the employer must sign a training agreement before the commencement of the training.

2. By signing this agreement, the employee undertakes to remain with the employer for a specified duration (commitment period).

3. If the employee leaves the employer during the commitment period, they must reimburse the employer's contribution to the costs.

4. If the training is mandated by the employer and the employee is already employed, no training agreement is concluded.

5. If the employee does not possess the necessary knowledge or qualifications prior to employment, the employer is not obliged to cover the costs and time associated with the training. Should the employer nonetheless finance the costs and/or time of the training, the prospective employee must sign a declaration of principles regarding the terms of financing before the hiring decision.

1. No training agreement is concluded for internal further education.

2. The DPM and KDI may provide for exceptions. In this case, the provisions of these regulations apply analogously.

1. For external further education, the following commitment periods apply, depending on the employee's level of employment and the total expenditure assumed by the employer

a) * ...

b) * ...

1a Employees with an employment level of at least 50 percent

| Further education expenses covered by the employer (costs and wages) | Commitment period |

| --- | --- |

| Up to CHF 5,000.- | none |

| More than CHF 5,000.- to CHF 10,000.- | 12 months |

| More than CHF 10,000.- to CHF 15,000.- | 24 months |

| More than CHF 15,000.- | 36 months |

1b Employees with an employment level of less than 50 percent

| Further education expenses covered by the employer (costs and wages) | Commitment period |

| --- | --- |

| Up to CHF 2,500.- | none |

| More than CHF 2,500.- to CHF 5,000.- | 12 months |

| More than CHF 5,000.- to CHF 7,500.- | 24 months |

| More than CHF 7,500.- | 36 months |

1. The obligation period begins upon the completion of the training program, i.e., on the last examination day or—in the event of withdrawal from the training program or not taking the examination—on the last attended training day.

2. ...

3. Training consisting of several sub-modules is considered as a single training program.

**1. It is mandatory to obtain authorization and, if applicable, a training agreement before the commencement of any professional development training, regardless of its duration and costs.**

**2. The responsible service chief decides on the completion of internal training. For a service chief, the decision is made by the head of the department.**

**3. In the case of external training involving cost-sharing by the employer, the authorization authority is determined in accordance with the guidelines to be established.**

**4. Before signing by the competent authority, a preliminary opinion from the DPM is required for:**

**a) Training decisions of the type "mandated training," if the training expenses exceed 5,000 Swiss Francs per person. These must be submitted in advance to the department's staff unit for comments.**

**b) Training decisions that are subject to a training agreement with an obligation for reimbursement.**

1. If the employment relationship (resignation, termination) ends before the start of the obligation period, there is a full refund obligation.

2. If the employment relationship (resignation, termination) ends before the end of the obligation period, there is a proportionate refund obligation.

3. In this case, the refund amount decreases month by month (x/12).

4. For employees with an employment level of at least 50 percent, an allowance of 5,000 francs is deducted from the total amount of the employer's financial contribution. The extent of the refund obligation is therefore limited to the amount exceeding 5,000 francs.

5. For employees with an employment level of less than 50 percent, an allowance of 2,500 francs is deducted from the total amount of the employer's financial contribution. The extent of the refund obligation is therefore limited to the amount exceeding 2,500 francs.

6. For training sessions ordered and financed by the employer during the employee's employment, no training agreement is concluded. Consequently, in these cases, no refund obligation exists (Art. 18 Para. 4).

7. For training sessions ordered and financed by the employer at the time of the employee's hiring, a training agreement with a refund obligation is concluded (Art. 18 Para. 5).

8. The employer is responsible for determining the repayment modalities according to the training agreement with the relevant employee as far as possible before their departure upon termination of the employment relationship. They are supported by the DPM.

9. The employment authority is responsible for determining the amount to be repaid in accordance with the provisions of the training agreement.

1. In the event of definitive failure of the examination and employer-mandated further training with a further training agreement, the employee must reimburse the employer for 50 percent of the further training costs incurred. Moreover, the termination of the employment relationship may be considered if the further training was necessary due to a legal regulation or was expressly desired by the employer.

2. In the case of further training in mutual or subordinate interest on the part of the employer with a further training agreement, the employee will only be reimbursed 50 percent of the further training costs in the event of definitive failure of the examination.

3. If the employee discontinues the further training without good cause, fails to attend, or definitively fails the examinations due to the employee’s fault, the employer, provided a further training agreement has been concluded, requires the reimbursement of all incurred further training costs. The State Council may waive reimbursement in whole or in part.

4. As a rule, the employer does not cover the expenses for repeating further training (registration fees, travel expenses, salary during absence, teaching materials).

5. If only the examinations need to be repeated, the employer may decide on the allocation of working days for the second examination and/or the coverage of fees. The coverage of costs and salary payments during absences must be regulated in the existing further training agreement.

1. The State Council may exceptionally waive reimbursement, in whole or in part, for important reasons. Important reasons include, in particular

a) severe accident or prolonged serious illness;

b) maternity or adoption;

c) involuntary termination of employment.

2. The State Council has sole authority to decide on the release from the training agreement and the associated reimbursement obligation.

1. In cases of new employment, the employer may fully or partially assume the costs arising from a further training agreement between the employee and the previous employer.

2. When assuming the costs arising from a further training agreement with the previous employer, a new further training agreement must be concluded between the newly hired employee and the cantonal administration, which includes a commitment period.

1. **Preparation for Final Examinations**

The employer may grant the employee paid leave of up to ten working days for preparation for final examinations.

2. **Granting of Paid Leave**

The granting of paid leave must be recorded in the existing further training agreement and generally affects the duration of the commitment period.

1. Internal training is considered working time according to the provisions of the regulations on working hours in the cantonal administration.

2. External training is considered working time according to the provisions of the regulations on working hours in the cantonal administration and the provisions of the training agreement.

3. Examination days are regarded as training days and are accounted for as such in the training agreement.

1. The Head of Service provides various data based on the indicators established by the DPM, which enable monitoring in the field of further education.

1. The State Council delegates the authority to issue guidelines regarding the implementation of the present regulations to the DPM.

a) * ...

b) * ...

c) * ...

d) * ...

2. The DPM decides on the guidelines to specify the present provisions.

1. Upon the entry into force of the present regulations, all previous provisions on continuing education shall be repealed.

1. Continuing education decisions made before the enactment of these regulations remain valid.

1. This regulation shall be published in the Official Gazette and shall enter into force on January 1, 2012.