Advanced Search

RS 172.220.117 Order of 26 September 2003 on the working conditions of the staff of the Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court (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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

172.220.117

Order relating to the working conditions of the staff of the Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court

(OPersT) 1

26 September 2003 (State 1 Er January 2014)

The Swiss Federal Council,

See art. 37 of the Act of 24 March 2000 on the personnel of the Confederation (LPers) 2 ,

Stops:

Art. 1 Purpose and scope

1 This order governs staff work reports:

A. 1
The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court;
B.
Administrative units that are attached to the Federal Criminal Court. 2

2 The ordinance of 3 July 2001 on the personnel of the Confederation (OPers) 3 , the relevant implementing provisions which the Federal Department of Finance (DFF) enacted, as well as the order of 3 July 2001 concerning the protection of personal data in the federal administration 4 Shall apply, unless otherwise provided for in this order.

3 The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court set out in a regulation the powers relating to the employer's decisions in the court. 5


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).
2 New content according to the c. I of the O of 7. 2005, in force since 1 Er Oct. 2005 ( RO 2005 4595 ).
3 RS 172.220.111.3
4 RS 172.220.111.4
5 Introduced by ch. I of the O of 7. 2005 ( RO 2005 4595 ). New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 (RO 2011 5243).

Art. 2 1 Personnel Policy

1 The personnel policy pursued by the Federal Council and the DFF is decisive for the Federal Criminal Court, for the Federal Administrative Tribunal and for the Federal Patent Court, in so far as the special status or function of these It does not impose a different regime.

2 The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court coordinate their personnel policy measures with the Federal Court. Federal courts delegate to the Human Resources Conference a representative they choose together.


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).

Art. 3 1 Debriefing

The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court periodically review the data to assess the achievement of the objectives of the LPGA. They submit their report to the Federal Court, which forwards it to the Federal Assembly.


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).

Art. 4 Conditions of Engagement

The functions of the Secretary-General and the replacement of the Secretary-General are reserved for persons of Swiss nationality.

Art. 5 Test Time

1 The test time is three months. 1

2 For the Secretary-General, for his deputy, as well as for the clerks, the test time is six months.

3 In fixed-term appointments, or in the case of a deployment of an administrative unit within the meaning of Art. 1 OPers 2 , the employer may waive all or part of the test time.


1 New content according to the c. II of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).
2 RS 172.220.111.3

Art. 6 1 Labour Market Allocation

In order to recruit or retain a particularly qualified person, the Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court may pay an allowance equal to 20 % of the maximum amount of The salary class set out in the employment contract.


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).

Art. 7 1 Function Rating

1 The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court assess the functions and allocate a class of pay to each. To do so, they apply by analogy the evaluation criteria of the OPers 2 And the DFF directives. They ensure that the salary structure is consistent with that of the federal government and coordinates their assessment of duties with the Federal Tribunal.

2 When the Federal Criminal Court, the Federal Administrative Court or the Federal Patent Court awards a function to a higher wage class or a higher wage class, it requires the prior approval of the Delegation of Finance. He attached a DFF expertise to his request.


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).
2 RS 172.220.111.3

Art. 8 1 Place of residence

The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court may require certain categories of staff to reside in a particular place to the extent that the needs of the service require it.


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).

Art. 1 Social Plan

The Federal Criminal Court, the Federal Administrative Tribunal and the Federal Patent Court are competent to develop and sign a possible social plan within the meaning of Art. 31, para. 4, LPers.


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).

Art. 10 Social Partnership

The consultation of staff associations recognised by the Federal Council and the DFF, and their participation in the resolution of matters relating to personnel, in particular during restructuring, must be guaranteed by information Provided early enough and the opportunity for them to take a position; if necessary, negotiations are conducted. The processing of policy issues must be coordinated with the DFF.

Art. 11 1 Social Partners Monitoring Committee

The Monitoring Committee of the Social Partners under Art. 108 OPers 2 Is not competent for the Federal Criminal Court or for the Federal Administrative Tribunal or the Federal Patent Court.


1 New content according to the c. I of the O of 2 nov. 2011, in force since 15 Dec. 2011 ( RO 2011 5243 ).
2 RS 172.220.111.3

Art. 12 1

1 Repealed by c. I of the O of 7. 2005, with effect from 1 Er Jan 2007 ( RO 2005 4595 ).

Art. 13 Amendment of the law in force

The amendment to the existing law is set out in the Annex.

Art. 13 A 1 Transitional provisions concerning the modification of 7 September 2005

1 When staffing the staff of the Federal Administrative Tribunal, a position may be assigned to an external person only if the recruitment among the staff of the former services and boards of appeal does not give Result. The posts are reserved for which there are no comparable jobs in the services and boards of appeal. Employees previously employed by the services and boards of appeal are contacted directly and invited to submit their applications; in all cases they must be invited to an interview.

2 When a person is transferred from a review board or service, it is possible to give up the test time.

3 If the Federal Administrative Tribunal hires a person for a position classified in a lower salary class, the wage guarantee requirements under s. 52 A , para. 1 and 2, OPers 2 Are applicable.


1 Introduced by ch. I of the O of 7. 2005 ( RO 2005 4595 ).
2 RS 172.220.111.3

Art. 14 Entry into force

1 This order, subject to para. 2, enter into force on 1 Er November 2003.

2 The Chs. 6 to 8 of the Annex shall enter into force on 1 Er April 2004.

Annex

(art. 13)

Amendment of the law in force

The following orders are amended as follows:

... 1


1 The mod. Can be viewed at RO 2003 3669 .


State 1 Er January 2014