Rs 172.220.111.9 Order Of 2 December 2005 On The Personnel Assigned To The Promotion Of Peace, The Strengthening Of The Human Rights And Humanitarian Aid (Opers-Pdhh)

Original Language Title: RS 172.220.111.9 Ordonnance du 2 décembre 2005 sur le personnel affecté à la promotion de la paix, au renforcement des droits de l’homme et à l’aide humanitaire (OPers-PDHH)

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172.220.111.9 order on staff assigned to the promotion of peace, to the strengthening of the human rights and humanitarian aid (OPers-PDHH) of December 2, 2005 (status on 1 July 2013) the federal Council Swiss, view of art. 37, al. 1, of the Act of March 24, 2000, on the staff of the Confederation (FPL), view the art. 48a of the Federal law of 21 March 1997 on the Organization of Government and administration (LOGA), see art. 150, al. 1, of the Federal Act of 3 February 1995 on the army and military administration, view of art. 15 of the Federal law of 19 March 1976 on development cooperation and humanitarian aid, seen art. 18 of the federal decree of 24 March 1995 on cooperation with the States of Eastern Europe, given the Federal law of 19 December 2003 on measures to promote civil peace and strengthening human rights, stop: Chapter 1 provisions general art. 1 purpose this rule order: a. work reports of the staff assigned to the promotion of peace, the strengthening of the human rights, humanitarian of the Confederation and the statement of foreign overseas troops; (b) the preparation of commitments and the training of personnel; c. the competence to conclude agreements in the field of civil peace promotion the strengthening of human and humanitarian rights.

New content according to no I 1 of 3 Dec O. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. Applicable 2Droit addition to the provisions of this order, the art. 3, 9, 25, 27, 29 to 31a, 36, 38a, 44, 44A, 51, 56-63, 77, 88, 88b, 91 to 103a and 113 of the Ordinance of 3 July 2001 on the staff of the Confederation (OPers) shall apply by analogy.
If an international organization or a third party regulate the working conditions of the staff available, the competent authority determines, in the employment contract, the law applicable.

New content according to section II 4 of the O of 21 May 2008 amending the federal law as a result of the PUBLICA pension plan change, in effect since July 1. 2008 (RO 2008 2181).
RS 172.220.111.3 new content according to section I of the O on June 7, 2013, in effect since July 1. 2013 (2013 1631 RO).

Art. 3 commitments the commitments of staff for the advancement of peace, the strengthening of the rights of man and help humanitarian (commitments) register as part of foreign policy, peace and security of the Switzerland.
They may include actions and civil, military or civil-military operations.
They take place in civilian clothes or in uniform.

Art. 4 competent authorities the following departments identify competent authorities to take the employer's decisions and manage personnel: a. the federal Department of Foreign Affairs (FDFA): for civil commitments, including the commitments of police personnel and the civilian part of the civil-military commitments; b. the federal Department of defence, protection of the population and sports (DDPS) : for military engagements and the military part of the civil-military commitments, with the exception of members of the army involved in the service of promoting peace in the sense of art. 65, art. 1, of the Federal Act of 3 February 1995 on the army and military administration; c... .d. the federal Department of Finance (FDF), in agreement with the FDFA: for border guards and customs staff commitments.

The FDFA coordinates for each commitment, the foreign policy aspects and helps address issues related to international law and the international context.

New content according to section I of the O on June 30, 2010, in force since July 15. 2010 (2010 2945 RO).
Repealed by section I of O on June 30, 2010, with effect from 15 July. 2010 (2010 2945 RO).

Art. 5 delegation of tasks the FDFA can delegate implementation tasks related to civil commitments of private or public law legal persons or natural persons.

Art. 6 conclusion of international treaties the FDFA is able to conclude with the States or international organizations of the international treaties on the participation of the Switzerland in civilian peace promotion missions, sending experts and the use of funds from the framework credit.
The following offices can, each in its field, conclude international treaties on technical and administrative details: a. the political Direction of the FDFA: in the areas of promoting civil peace and strengthening the rights of humans, including sending experts as part of international commitments of police; b. the Direction for development and cooperation (SDC) : under art. 21 of the Ordinance of 12 December 1977 on the development cooperation and humanitarian aid international and art. 11 of the federal decree of 24 December 1995 on cooperation with the States of Eastern Europe; c. the defence group and the Direction of security policy: in their respective fields; d. Customs branch: for border guards and customs; e staff commitments....

New content according to section I of the O on June 30, 2010, in force since July 15. 2010 (2010 2945 RO).
RS 974.01 repealed by section I of the O on June 30, 2010, with effect from July 15. 2010 (2010 2945 RO).

Chapter 2 policy of personnel art. 7 the competent authority training prepares personnel commitments. According to the content of the commitment, its nature and its urgency, this preparation can be an individual to be informed or trained.
Training to acquire the necessary knowledge of the commitment, the mission and the partner organization. Applicants are required to follow insofar as they do not have the required knowledge. To be permanently engaged, candidates must have successfully completed training.
If necessary, the FDFA participates in the training of personnel.
The training takes place in Switzerland or abroad.
The competent authority fixed the compensation for training.

Art. 8 travel and identity documents the competent authority is responsible, in collaboration with the DFA, to provide the necessary commitment of travel and identity documents.

Art. 9 assignment of rank for a term within their responsibility, departments may attribute to individuals, for the duration of their commitment, the grades necessary for the exercise of their function.

Art. 10 personal data the competent authority establishes an electronic file or manual for the management of its staff.
It can process the following data: a. name, surname and date of birth; b. place of origin and nationality; c. religion; d. civil State; e. AHV number; (f) passport number; g. professional and military courses; h. home address and emergency contact; i. data for work reports, in particular the employment contract, the specifications of charges or decisions based on a personal assessment; j. qualifications established by partner organizations.

It can operate the computerized files as a closed system with no interface with other files or systems or provide an interface with the System BV Plus system in the sense of art. 29, al. 3, of the Ordinance of 3 July 2001 on the protection of personal data in the federal administration.
It can also allow other competent authorities personal data online and give them the right to introduce data that are either personal data or personality profiles that require special protection.
The Ordinance of 3 July 2001 on the protection of personal data in the federal administration is applicable, in particular concerning the right of access and rectification of the data, the communication of data, data on candidates for a job, manually operated personnel files and data relating to health.

[RO 2001 2251, 2009 5101 art. 17 RO 2011 5589 art 42 al. [2]. see currently O from 26 oct. 2011 regarding the protection of personal data of the personnel of the Confederation (RS 172.220.111.4).

Art. 11 medical examinations every committed person must complete a medical questionnaire. She should be examined by a doctor and take measures of prevention and treatment if deemed necessary by the medical service of the Federal Government or the competent authority for the commitment.

MedicalService (AeD) Chapter 3 reports of work art. 12 birth staff are engaged on the basis of a contract under public law of term or indeterminate.
Confederation employees who wish to participate in a commitment are engaged for a fixed period. The existing reports of service are maintained. The parties should set all the conditions. The provisions of this order apply to the employment of employees of the Confederation.

Art. 13 special conditions


The competent authority may bind the employment contract on the condition that the person hired is not followed by members of her family when she is on a mission. It takes into account for this purpose of the conditions of life and work as well as opportunities for the children. The possibility of family reunification must be expressly mentioned in the contract of employment.
The competent authority may limit recruitment to persons of Swiss nationality if required by the performance of tasks involving the exercise of public power.

Chapter 4 benefits of employer Section 1 wages art. 14 Evaluation of the function the determining criteria for the evaluation of a function are the training required, the scope of the tasks as well as the level of the requirements, responsibilities and the risks inherent to the function.
The competent Department affects every function to a bunch of function and a class of salary in accordance with Appendix 2 of this order. The evaluation of the functions of the class 32 wage or a higher class is subject to the approval of the FDF.
The competent Department shall report annually to the FDF on the number of people per salary grade.
The enforcement of the trainees of the FDF provisions are applicable to persons who are engaged for a fixed period and training purposes.

Art. 15 the competent authority fixed the wages of people engaged wage: it takes into account in a fair measure of the function to take outside work and professional experience of the person involved, as well as the employment market and training.
If a person engaged continues to be paid by another employer, the competent authority may lend to it the salary she would receive, but at most the amount paid by him.
If the beginning of a commitment is delayed or if the employment ends before the term planned without fault of the person hired, the competent authority is empowered to assign the person to other tasks deemed acceptable. All income from another lucrative activity exercised during this period is applied on salary.

Art. 16 wage increases the competent authority may grant the person hired wage increases at the earliest after a year of commitment unless she takes a function assigned to a higher salary class.
Wage increases should not exceed the progression of salary at the assessment level 3 defined in art. 39, al. 3, OPers. The competent authority may waive this rule if the person performs a function assigned to a higher salary class and that his salary is too low, given the value of the function.
For employees of the Confederation referred to in art. 12, al. 2, an increase in salary, according to para. 2 is not granted unless the commitment extends beyond the new year. It takes effect on January 1. The agreement of the Department to which the person is attached is reserved.

RS 172.220.111.3 new content by clause I 5 nov 5 O. 2008 on the optimization of the wage system of federal personnel, in effect since Feb. 1. 2009 (RO 2008 5643).

Section 2 Supplements art. 17 premium feature a premium service can be allocated to the committed person who fulfills particularly demanding tasks however do not support a sustainable trust in a higher salary grade.
It must not exceed the difference between the maximum amount of the salary class specified in the work contract or individual pay, and the maximum amount fixed for the higher salary grade.

Art. 18 compensation commitment commitment compensation can be allocated for each commitment.
It is used to compensate the person hired for the specific terms of engagement such as the permanent availability, isolation, climate, and deprivation and to compensate for the additional costs associated with the stay abroad.
The competent Department, in coordination with other departments, the amount of the commitment award. It cannot exceed 800 francs a month.
It shall report annually to the FDF on the amount of the commitment awards by duty station.

Art. 19 compensation of risks a risk allowance may be allocated as compensation for the increased risk to the life or bodily integrity.
The competent Department, in coordination with other departments, the amount of the risk allowance. It cannot exceed 800 francs a month.
It shall report annually to the FDF on the amount of the risk compensation rates by duty station.

Art. 20 compensation by third parties if a State, an international organization or a third party pay benefits, the competent authority must be immediately notified. These allowances are charged on premiums and allowances under this order and the art. 44 and 51 of the OPers.

RS 172.220.111.3 Section 3 benefits social art. 21Caisse of pension for the duration of the employment relationship, the person hired is distributed to the Federal Pension Fund PUBLICA under the provisions of the regulation of pension on June 15, 2007 for employees and beneficiaries of pension from the Provident Fund of the Confederation.
If the annual salary determining a person person employed by the Confederation change, because of his commitment, the insured amount is newly fixed, regardless of the duration of the employment relationship.
If the work reports are limited to a maximum of three months and the committed person is insured with an another pension institution, the competent authority transfers the employer contributions to the other pension fund, for the resolution of the permitting, but maximally the amount she should pour publica for this person.
Payments by third parties under art. 20 are not insured by PUBLICA.

New content according to section II 4 of the O of 21 May 2008 amending the federal law as a result of the PUBLICA pension plan change, in effect since July 1. 2008 (RO 2008 2181).
Not yet published.

Art. 22 insurance the person hired is insured against sickness, accident and disability in accordance with the Federal Act of 19 June 1992 on military insurance.
The FDFA coordinates, in agreement with the FDF, the conclusion of any supplementary insurance covering medical expenses, disability, and death that go beyond the military insurance benefits.

RS 833.1 Section 4 time of work, vacation, leaves art. 23 working time the working time and the service table are fixed according to the needs of the commitment. The service table is prepared on-site by the competent authority for the commitment.

Art. 24 holiday the person hired is entitled to 6 weeks of vacation per year. Depending on the circumstances, the competent authority may exceptionally grant him an extra week from 50 years of age.
Local holidays are offset by the 6 weeks of vacation per year. The Swiss official holidays that fall on a working day may be offset by free time as the exigencies of the service permit.
If another State, an international organization or third parties grant a holiday shorter than those provided for in para. 1, the competent authority makes up for the difference.
The vacation must be taken for the duration of the employment relationship. They can be traded against a benefit in money or other benefits. The competent authority may derogate from this rule in duly justified cases.

Art. 25 vacation trips the person is entitled to two holiday trips paid by 12 months of commitment abroad. The first trip can be done at the earliest after 3 full months of commitment.
When the commitment takes place unless the conditions of life and work are particularly heavy, the competent authority may reduce the claim to one trip of vacation paid per 12 month period.
Vacation trips that have not been made are lost as soon as there is a new claim or that commitment ended.
The authority supports the travel of vacation up to a maximum of the most advantageous arrangement in economy class for direct travel between the headquarters and the home country or country of origin. Art. 29, al. 3, is reserved.
Members of the family of the person entitled to a vacation trip paid per period of 12 months of commitment of the latter abroad, as long as its contract of work specifically mentions family reunification at the duty station.
If another State, an international organization or third parties give one or more paid vacation trips, the right to paid holiday travel is reduced accordingly.
In lieu of a paid holiday trip to which the person engaged is entitled, the competent authority can support the travel of visit from a member of the family duty station, as long as the contract work specifically mentions the family duty station. Travel costs are borne within the limits set in the al. 4 art. 26 leave


The person is entitled to the maximum: a. 2 days of work every time to do and undo his luggage before the start and at the end of the commitment; b. to 2 days of work for her marriage, marriage including; c. to 2 working days for the birth of a child is the father; d. 2 working days for the care to be given to a member of his family (spouse (, partner, child, father or mother) suddenly fell seriously ill or involved in an accident; e. 3 working days for the death of a member of his family (spouse, partner, child, father or mother); f. to up to 1 working day to attend the funeral of another parent or a third party; (g) the time required to get to a summons by the authorities as long as it is not a case of privacy; h. to the same number of days of leave as that which is granted by international organizations at the duty station and which must allow staff to rest when working conditions are particularly difficult and demanding.

Art. 27 trips leave the competent authority can support the travel expenses of the person involved in the cases covered by art. 26, let. c to e and g. To the extent where the contract of employment expressly mentions family reunification at the duty station, travel expenses duly attested of the person accompanying and children can be refunded.
The competent authority may, if the person hired leave referred to in art. 26, let. h, reimburse travel expenses to a resting place, authority, chosen.
For the calculation of the cost of travel, art. 25, al. 4, shall apply by analogy.

Section 5 other benefits of employment art. 28 personal equipment the competent authority refers to equipment that Confederation puts at the disposal of the person.
She organizes the transport and supports the actual costs.

Art. 29 travel expenses the competent authority pays direct routes to go and return. These charges are calculated in accordance with the art. 45, 46 and 47, al. 1 and 2, of the order of the FDF of 6 December 2001 on the order on the staff of the Confederation (O-OPers).
If the actual costs, including overnight stays and meals, of an itinerary, with permission, in a private vehicle are higher than those of a direct flight, the competent authority repays to the maximum the price of the ticket in accordance with para. 1. the competent authority is not responsible for travel if there is a possibility of free transport.

RS 172.220.111.31 new content according to section I of the O on June 7, 2013, in effect since July 1. 2013 (2013 1631 RO).

Art. 30 transportation of personal effects personal effects can, depending on the duration of the commitment and local conditions, be carried as accompanied baggage, excess baggage or cargo.
The competent authority organizes the transport and supports the actual costs of the transport of the effects of committed people and their family members provided that the employment contract expressly mentions family reunification.
The type and weight of the transport of personal effects are fixed in annex 1 of this order.
If a part of the baggage to be immediately used at the duty station, it is possible to carry like excess baggage up to a maximum of 50 kg.

Art. 31 costs of accommodation and meals the competent authority can repay in part or in full the actual costs of reasonable and suitable accommodation on site.
Hotel accommodation fees are paid during the first 60 days of employment. It can be deviated from this principle for reasons of security or when the circumstances so require.
The competent authority may pay a per diem for meals that matches local prices in use. It can be reduced after 60 days of commitment.
She partially refund or reimburse any costs of accommodation and meals when the person transfers his home duty station.

Art. 32 the travel costs of service the costs of travel of service who have been ordained is governed by arts. 29 and 30, al. 1 and 2.

Art. 33 children training expenses the competent authority the effective costs of training of children up to a maximum amount of 24 000 francs per child per year provided that the employment contract expressly mentions family reunification as a family allowance under art. 51 OPers be paid.
The art. 128 and 129 of the order of the FDFA of 20 September 2002 on the personnel of the Confederation (OPers-FDFA) Ordinance shall apply by analogy.

RS 172.220.111.3 new content according to section I of the O on June 7, 2013, in effect since July 1. 2013 (2013 1631 RO).
SR 172.220.111.343.3 art. 34 incidentals the competent authority may reimburse expenses up to a maximum of 450 francs a month. Incidental expenses are reimbursed only when no compensation in cash is paid for accommodation and meals, and the person has not transferred his home duty station.

Art. 35. other benefits if, in an engagement, personal belongings are lost, stolen or damaged without fault of the person hired, compensation of 5000 francs maximum may be granted insofar as the damage is not covered by the military insurance, private insurance, or a third person.
If a private motor vehicle is used, the guidelines of 12 March 2001 of the FDF in the event of use of a private vehicle for travel of service apply.
The competent authority may, on request, to the independent compensation for costs of offices or office who continue to run during their employment if they are duly attested. It establishes, in the present case, the monthly amount. This cannot be greater than 5000 francs and is paid for a year.

Art. 36 compensation of third party if another State, an international organization or a third party are supported a part of the charges provided for in art. 28 to 35, the competent authority must be immediately notified. These damages are covered benefits under this order.

Chapter 5 duties of staff art. 37 liability the liability arising from damage and criminal liability are governed, for personnel engaged in military actions, by the Federal Act of 3 February 1995 on the army and military administration and the military penal code of 13 June 1927; for all other commitments, they are governed by the law of 14 March 1958 on the responsibility.

RS 321.0 RS 170.32 art. 38 official secrecy the competent authority may authorize persons who participate or who have participated in a commitment to publish experiments do as part of their mission. The interests of the Confederation as well as those of other States or organizations must be taken into account when granting approval as well as in publications.
The employment contract must draw the attention of those involved on the criminal and disciplinary breach of secrecy consequences.

Art. 39 tax exemption from the obligation to serve in the event of military commitment, the competent authority shall meet the payment of the tax for exemption from the obligation to serve the people not subject to military service for: a. the liability year during which the person performs the training necessary for the engagement; b. each year of subjection in which she performs a continuous commitment of six to twelve months.

Chapter 6 provisions final art. 40 execution the competent departments enact the enforcement provisions in their area of expertise and apply this order.

Art. 41 repeal of the law in force the order of 24 April 1996 on employment of staff in peace-keeping actions and good offices is repealed.

[RO 1996 1343, 1999 2449, 2001 121]

Art. 42 change of the law in force.

Mod. can be found at the RO 2005 5607.

Art. 43 transitional provisions fixed-term employment contracts concluded prior to January 1, 2006 continue to run under the old law.
People whose indeterminate work reports have been concluded before January 1, 2006 are subject to the new law effective July 1, 2006. The competent authority under the new law submits them, before that date, a work contract in writing within the meaning of art. 12 and given a period of at least 2 weeks to sign it.
If the persons referred to in para. 2 do not accept work, acceptable, which they are offered or refuse to sign the new contract of work deemed acceptable, there is reason for termination of employment within the meaning of art. 12, al. 6, FPL.

Art. 44 entry into force this order comes into force on January 1, 2006.

Annex 1 (art. 30, para. 3) transportation of personal effects country of origin – country of assignment up to 3 months from 3 months to 1 year more than 1 year and up to 2 years over 2 years per person adult 25 kg of cargo air 100 kg of cargo air 250 kg to 500 kg of cargo or - 500 kg of sea freight air freight / land + 50 kg of air cargo


1000 kg of cargo / land + 50 kg of air cargo by child - 50 kg of cargo air 125 kg to 250 kg of cargo or - 250 kg of sea freight air freight / land + 50 kg of cargo air 500 kg of cargo / Earth + 50 kg of air cargo - country of origin or country of assignment - country country of assignment up to 3 months from 3 months to 1 year 1 to 2 years over 2 years by person adult 30 kg of cargo air 120 kg of cargo air 300 kg of cargo air 600 kg of cargo or - 500 kg of cargo / land + 50 kg of cargo air 1000 kg of cargo / land + 50 kg of air cargo by child - 60 kg of cargo air 150 kg to 250 kg of cargo or - 250 kg of sea freight air freight / land + 50 kg of cargo air 500 kg of cargo / land +. 50 kg of air cargo State July 1, 2013 Appendix 2 (art. 14, para. 2) allocation to bands of function and classes of salary band of function 1 Classes of salary reference 4-9 with ad-hoc training and employees who perform, in an international environment, simple or difficult work requiring training.
For example, enter this function strip the following categories of staff: drivers, versatile agents, warehouse workers, couriers.
Band 2 function reference salary Classes 10-14 employees who have completed vocational training and with ad hoc training, running independently professional work simple or difficult in an international environment, or who lead a team of small or medium-sized.
For example, enter this function strip the following categories of staff: artisans, employees / are business, nursing/St ND I, personal monitoring and security.
Band function 3 Classes of reference wage 15-17 employees with the training and experience required as well as ad-hoc training, which run independently, in an international environment, tasks described as requiring knowledge techniques or who run a large team with broad skills.
For example, enter this function strip the following categories of staff: military police with a police training, nursing/St ND II, fes/Chief of administrative service, leader/fes of kitchen.
Function band 4 Classes of reference salary 18-21 employees with the training and experience required as well as ad-hoc training, assigned to the technical functions or driving in the field military, scientific, technical, logistical or administrative that they perform independently in an international environment.
For example, enter this function strip the following categories of staff: observers / leaders election / ales, advisors/eras in terms of police, experts / are customs, supervisors / its demining 1, repair officers, officers motorists.
Strip of 5 Classes of reference 22-25 employees wage function with superior training and experience required as well as ad-hoc training, which involved as an expert/e or fe/leader of a national or international team and who perform technical, scientific, administrative or military tasks demanding in their field of specialty. They may have observation, advice, analysis, planning and strategy duties or conduct negotiations with authorities and national and international organizations.
For example enter this function strip the following categories of staff: observers / leaders election / ales on a mission of long duration, observers / leaders of the human rights, legal, coordinators, advisors/eras / leaders of humanitarian coordinators / staff assistants / are humanitarian, engineers / are, heads/heads of project, advisors/eres policing, trainers / leaders police, experts / are in police reform Expert / your customs, logistics/nes, liaison officers, intelligence officers, press officers, delegates/sea in Korea, observers / leaders military, military doctors, chemists.
Band function 6 Classes of salary of reference 26-29 employees with superior training and experience required as well as ad-hoc training and proven technical skills and of direction, who are assigned very demanding management functions at the international level or who are involved in quality of internationally recognized experts and highly skilled activities, among other Board and mediation.
For example enter this function strip the following categories of staff: advisers in human security, heads/heads of project for promotion of peace, experts operations / are in mediation and management of conflicts, coordinators / leaders of humanitarian aid, scientists, experts / are experts in police reform, / your policing, fes/Chief of police Experts / your customs, Commander of the Swisscoy, Commander/e alternate/e of Swisscoy, Chief Medical Officer.
Tape function 7 Classes of reference salary 30-31 employees with superior training and experience required as well as ad-hoc training and proven technical skills and management, to which responsibility the political, technical, staffing and orga-nization, a large important area in an organization or an international mission, or involved as highly qualified specialists recognized at the international level.
For example, enter this function strip the following categories of staff: representatives / are special / the Secretary-general of the United Nations Scientific, experts / policing, Chief/fes of police, experts / your customs.

State on July 1, 2013

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