Rs 172.220.117 Order Of September 26, 2003 Relating To Conditions Of Work Of The Staff Of The Federal Criminal Court, The Federal Administrative Court And The Federal Court Of Patents (Operst)

Original Language Title: RS 172.220.117 Ordonnance du 26 septembre 2003 relative aux conditions de travail du personnel du Tribunal pénal fédéral, du Tribunal administratif fédéral et du Tribunal fédéral des brevets (OPersT)

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172.220.117 Ordinance on the working conditions of the staff of the federal criminal court, the federal administrative court and the federal Patent Court (OPersT) of 26 September 2003 (State on January 1, 2014) the Swiss federal Council, view the art. 37 of the Act of March 24, 2000, on the staff of the Confederation (FPL), stop: art. 1 scope and field of application this order regulates work of staff reports: a. of the federal criminal court, the federal administrative court and the federal Patent Court; b. administrative units that are attached to the federal criminal court.

The Ordinance of 3 July 2001 on the staff of the Confederation (OPers), the enforcement provisions are related that the federal Department of Finance (FDF) was enacted, as well as the order of 3 July 2001 on the protection of personal data in the federal administration shall apply, unless otherwise provided by this order.
The federal criminal court, the federal administrative court and the federal Patent Court set in a regulation skills related to the employer within the tribunal's decisions.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).
New content according to chapter I of the Sept. 7 O. 2005, in force since Oct. 1. 2005 (RO 2005 4595).
RS 172.220.111.3 RS 172.220.111.4 introduced by section I of the Sept. 7 O. 2005 (RO 2005 4595). New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).

Art. 2Politique of the staff the staff policy conducted by the federal Council and the Federal Department of Finance is crucial for the federal criminal court, to the federal administrative court and the federal Patent Court, as long as the status or the particular function of these does not impose a different regime.
The federal criminal court, the federal administrative court and the federal Patent Court coordinate their policy measures of the staff with the federal court. The federal courts delegate to the Conference of one human resources representative they choose together.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).

Art. Made 3Compte the federal court, the federal administrative court and the federal Patent Court periodically report data to assess the achievement of the objectives of the FPL. They submit their report to the federal court that transmits it to the Federal Assembly.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).

Art. 4 terms of engagement of Secretary-General and replacement of the Secretary-General functions are reserved for people of Swiss nationality.

Art. 5 time trial test time is three months.
To the Secretary-General, to his Deputy, as well as for the clerks, the probation period is six months.
During term, or commitments in the event of transfer of an administrative unit within the meaning of art. 1 OPers, the employer may waive all or part of the testing time.

New content according to section II of the nov 20 O. in force since Jan. 1, 2013. 2014 (2013 4397 RO).
SR 172.220.111.3 art. 6Allocation related to the employment market in order to recruit or retain a person particularly qualified, the federal criminal court, the federal administrative court and the federal Patent Court can itself give an allowance corresponding to 20% of the maximum amount of the salary class specified in the work contract.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).

Art. 7Evaluation of the functions of the federal criminal court, the federal administrative court and the federal Patent Court evaluate functions and assign each a salary grade. To do this, they shall apply by analogy the OPers evaluation criteria and guidelines of the FDF. They ensure that the wage structure is consistent with the Federal Government and coordinate their assessment of the functions with the federal court.
When the federal criminal court, the federal administrative court or the federal Patent Court attributes to a function the salary grade 32 or a higher salary grade, it requires the prior approval of the Delegation finance. It attached to its application expertise of the FDF.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).
SR 172.220.111.3 art. Home 8Lieu the federal court, the federal administrative court and the federal patent court may impose for certain categories of staff to reside in a specified place insofar as the exigencies of the service so require.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).

Art. Social 9Plan the federal court, the federal administrative court and the federal Patent Court are competent to develop and sign a social plan within the meaning of art. 31, al. 4, FPL.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).

Art. 10 social partnership consultation of the staff associations recognized by the federal Council and the Federal Department of Finance, as well as their participation in the settlement of issues related to personnel, particularly during restructuring, must be guaranteed by a complete information provided early enough and the possibility for them to take a stand; If necessary, negotiations are conducted. The treatment of the issues of principle must be coordinated with the FDF.

Art. 11comite of follow-up of social partners the follow-up Committee of the social partners according to art. 108 OPers is not responsible for the federal criminal court for the federal administrative court or the federal Patent Court.

New content according to chapter I of the O from 2 nov. 2011, in effect since Dec. 15. 2011 (2011 5243 RO).
SR 172.220.111.3 art. 12 repealed by section I of the Sept. 7 O. 2005, with effect from Jan 1. 2007 (RO 2005 4595).

Art. 13 changes to the law in force the change in the law in force is set in the annex.

Art. Transitional 13aDispositions the amendment of September 7, 2005, during the formation of the federal administrative court staff, a post cannot be attributed to an external person that if recruitment among the employees of the former services and appeals boards does not result. Reserved positions for which there is no comparable jobs in the services and appeals boards. Employees previously employed by the services and appeals boards are directly contacted and invited to present their candidature; they must in all cases be invited to an interview.
When a person is transferred to a Commission or service to use, it is possible to submit it to the time of trial.
If the federal administrative court hires a person for a position stored in a lower salary grade, prescriptions on the wage guarantee pursuant to art. 52, art. 1 and 2, OPers are applicable.

Introduced by section I of the O on Sept. 7. 2005 (RO 2005 4595).
SR 172.220.111.3 art. 14 entry into force this order, subject to para. 2, comes into force on November 1, 2003.
The No. 6 to 8 of annex come into force on April 1, 2004.

Annex (art. 13) amendment of the law in force the following orders are changed as follows:...

Mod. can be found at the RO 2003 3669.

State on January 1, 2014

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