Implementing Ordinance of the Supreme Cantonal Courts on the Personnel Act

This Ordinance regulates, for personnel in the administration of justice, the purpose and supplementary and differing provisions concerning the enforcement of the scope of the Personnel Act in the sense of § 56 para. 3 of the Personnel Act².

employment relationships

1 The fixed-term appointment for longer than one year and the multiple fixed-term extension of an employment relationship beyond one year is permissible for full-time or part-time substitute judges, deputy notaries without a certificate of eligibility, and for court clerks for temporary tasks or when they are employed solely on a substitute basis.

2 The Ordinance on Court Auditors applies to the employment of auditors.

1. The highest cantonal courts are, each within their sphere of competence, responsible for establishing, amending, and processing the staff complement plans.

2. The High Court (Obergericht) may authorize the District Courts, the Notary Inspectorate and the Notary Offices, and the Administrative Court (Verwaltungsgericht) may authorize the Building Appeals Court (Baurekursgericht) and the Tax Appeals Court (Steuerrekursgericht), to independently establish or partially establish the staff complement plan within a given total score, or to shift, convert positions within the same plan, or to change the organizational structure. It may set further specifications and conditions for the staff complement plan. Positions with judicial functions and notary positions are excluded from this authorization.9

1 Supplements and Deviations to the Classification Plan

of the Government Council are set forth for the personnel of the judiciary in an

annex to this Ordinance.

1. 1. 11 - 71

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211.21

Enforcement Ordinance of the Judiciary on the Personnel Act

2 The guiding positions are jointly described within the framework of the classification plan

by the Administrative Commission of the Courts for the highest cantonal courts.

Competence

for classification

Supervision of

staffing plans

Appointing

authority

Working time

Ancillary

activities

Entry into force;

Repeal of

previous law

The positions are classified by the authority responsible for the determination of the staff establishment plan.

The individual supreme cantonal courts regulate the internal supervision of their staffing plans.

1 The hiring authorities resulting from the laws and ordinances of the individual supreme cantonal courts regarding their organization are responsible for

a. the hiring and the determination of salary,

b. the amendment of the degree of employment,

c. the transfer within the court or notary's office,

d. the granting of allowances in accordance with §§ 25, 26 paras. 1 and 3 and 27 of the Personnel Ordinance³,

e. the advancement to a higher salary step, promotion, and demotion,

f. the dismissal from the employment relationship.

2 For employees elected by the people, as well as for substitute members of the district courts appointed by the Higher Court, the powers according to para. 1 shall be vested in the Higher Court.

The working hours for the personnel of the judiciary are regulated by special resolutions of the individual supreme cantonal courts.

The assumption of positions in management bodies and boards of directors of companies, as well as the undertaking of arbitration, executorship, and inheritance division mandates, requires approval even outside of § 53 of the Personnel Act². The approval is granted by the competent highest cantonal court.

Here is the English translation of the provided text, maintaining its structure and formatting

**211.21**

**Implementing Ordinance of the Judiciary on the Personnel Act**

1 This Ordinance enters into force on 1 November 1999.

2 The following ordinances and enactments are hereby repealed on the

same date

a. the Implementing Provisions of the Administrative Court concerning the Civil

Servants Ordinance of 26 June 1991,

b. the Implementing Provisions of the High Court concerning the Civil

Servants Ordinance of 26 June 1991,

c. the Ordinance on the Terms of Employment of the Judicial Staff

(Employees Ordinance) of 26 June 1991.

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**Implementing Ordinance of the Judiciary on the Personnel Act**

**211.21**

3 Previous directives, guidelines, and resolutions of the individual

supreme courts shall continue to apply until the enactment of provisions

replacing them, provided they do not contradict the Personnel Act², the Personnel

Ordinance³ and the implementing ordinances.

1 OS 55, 497.

2 LS 177.10.

3 LS 177.11.

4 LS 177.111.

5 LS 211.1.

6 LS 211.23.

7 Version according to decision of 11 June 2002 (OS 58, 143). In force since 1 August 2003.

8 Inserted by decision of 8 December 2004 (OS 61, 353). In force since 1 January 2005.

9 Version according to decision of 14 September 2010 (OS 65, 714; ABI 2010, 2135). In

force since 1 January 2011.

1. 1. 11 - 71

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**211.21**

**Appendix**

**Implementing Ordinance of the Judiciary on the Personnel Act**

Pursuant to Section 4, the following additions and deviations from the

Classification Plan of the Government Council (Appendix 1 of the Implementing

Ordinance to the Personnel Act4) are hereby stipulated for the staff of the judiciary

Class 24

Chamber Secretary at the Social Insurance Court

Class 23

Chamber Secretary at the Social Insurance Court

Lay Judge at a District Court

Class 16

Specialist for Personnel and Organization, Logistics, Accounting

and Central Services at the High Court

IT Specialist

Class 15

Notarial Secretary with Special Duties

Class 6

Administrative Employee in the Notary's Office

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