Rs 172.220.12 Order Of 19 December 2003 On Compensation And On D ' Other Contractual Terms Agreed With The Senior Level Executives And Members Of The Governing Bodies Of Companies And Institutions Of The Con

Original Language Title: RS 172.220.12 Ordonnance du 19 décembre 2003 sur la rémunération et sur d'autres conditions contractuelles convenues avec les cadres du plus haut niveau hiérarchique et les membres des organes dirigeants des entreprises et des établissements de la Con

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172.220.12 order on remuneration and other contractual conditions agreed upon with the highest hierarchical level executives and members of the governing bodies of companies and institutions of the Confederation (Ordinance on the salaries of executives) of December 19, 2003 (State August 1, 2015) the Swiss federal Council, view the art. 6 and 15, al. 6, of the Act of March 24, 2000, on the staff of the Confederation (FPL), view the art. 4, al. 5, and 8, al. 3, of the Federal law of March 24, 1995 on the status and tasks of the Federal Institute of intellectual property, view the art. 30, al. 4, and 33, al. 3, of the Act of 16 December 2005 on the monitoring of the review, the art. 34, al. 6-39, al. 3, of the Act of December 11, 2009, on the encouragement of culture, view the art. 6, al. 4, and 9, al. 2, of the Act of June 22, 2007, on Federal Inspection of nuclear security, view the art. 9, al. 4, of the Act of December 17, 2010, on the organisation of the post, view the art. 71, al. 2, and 75, al. 2, of the Act of 15 December 2000 on therapeutic products, view the art. 63, al. 2 and 3, of the Federal Act of 20 March 1981 on accident insurance, view the art. 24, al. 5 and 27, al. 3, of the Federal law of December 16, 2005, on the Swiss insurance against risks to export, view the art. 9, al. 3 and 13, al. 3, of the Act of June 22, 2007 on the monitoring of the financial markets, stop: Section 1 provisions general art. 1 material field of application this order applies: a. Federal Railways (CFF) as well as companies and institutions of the Confederation submitted to the FPL as a decentralized administrative units; b. at the federal Institute of intellectual property; c. to Swissmedic; d. the Swiss National Fund for insurance in case of accidents (NAC); e. the Swiss export risk insurance; f. federal inspection of nuclear security; g. to the federal supervisory authority of financial markets; h. to the federal authority to review oversight; i. to Pro Helvetia; j. to the post Switzerland and companies that it controls.

New content according to point 2 of the annex to the O from 24 oct. 2012 relative to the Organization Act of the post, in effect since Dec. 1. 2012 (2012 6089 RO).
Introduced by art. 30 No 2 of the O from 25 oct. 2006 on the Swiss risk insurance for export, in force since Jan. 1. 2007 (RO 2006 4403).
Introduced by section 3 of the annex to the O of 15 October. 2008 audits of the financial markets, in effect since Jan. 1. 2009 (RO 2008 5363).
Introduced by section 3 of the annex to the O of 15 October. 2008 audits of the financial markets, in effect since Jan. 1. 2009 (RO 2008 5363).
Introduced by the I of O ch. 21 nov. in force since Jan. 1, 2012. 2013 (2012 6677 RO).
Introduced by the I of O ch. 21 nov. in force since Jan. 1, 2012. 2013 (2012 6677 RO).
Introduced by section I of O from 1 July. 2015, in effect since August 1, 2015 (RO 2015 2341).

Art. 2 personal scope this order applies to members of management and other members of the staff paid in a comparable way. The highest hierarchical level framework includes these two categories of staff.
This order also applies to the members of the governing bodies responsible for strategic leadership and oversight of the company.

Art. 2arepresentation of the linguistic communities businesses and institutions strive to ensure a representation of the linguistic communities in line with the distribution of national languages in the permanent resident population of Switzerland in the management bodies referred to in art. 2, al. 2. introduced by no 1 III of the O on May 1, 2013, in effect since July 1. 2013 (2013 1515 RO).

Section 2 benefits of employer art. 3 compensation the compensation of executives of the highest hierarchical level includes the gross amounts of salary referred to in para. 2 and the additional benefits referred to in art. 5. the components of the salary are the following: a. the fixed components related to the service including the components related to the services provided during the year; b. the unique cash benefits in respect of compensation of tasks and special efforts; c. special benefits in cash based on the service or on the labour market.

Art. 4 fees fees are cash benefits paid to the members of the management for the accomplishment of their task.
The fees may be complemented by additional services according to art. 5 art. 5 ancillary services are deemed to be ancillary benefits from all the cash benefits in addition to wages or fees, such as special allowances, allowances for costs and for representation or flat-rate premiums and bonuses related to benefits, and other benefits in kind and material benefits such as the right to use a company vehicle for private purposes or support or indirect fee compensation.

Art. 6. other conditions contract other contractual conditions include clauses concerning: a. the nature and the size of the pension plans and the respective shares of contributions supported by the employer and the employee; (b) any severance; c. the time of termination of the employment contract.

Section 3 principles governing the assessment of the benefits and the handover of additional income art. 7 determination of salary and other contractual conditions businesses and institutions include account, to setting the pay and other contractual conditions: a. the risk incurred by the company; (b) the size of the company c. the remuneration and other contractual conditions of use in the branch; d. of remuneration and other contractual conditions at the highest hierarchical level of the Confederation executive.

Art. 8 bonuses bonuses are calculated in principle on the basis of the average results for at least two consecutive years and increase or decrease accordingly. The evaluation criteria used must be both financial and qualitative.

Art. 9 affected the pension benefits the amount insured under the rule of the benefits in the framework of the pension may not exceed twice and a half amount of the upper limit of the art. 8, al. 1, of the Federal Act of 25 June 1982 on the occupational old-age, survivors, and disability insurance.
As a general rule, the employer is not supported for benefits of entry or benefits of buying extra years for occupational retirement provision. In special cases where such support is necessary, it is maximally at one-half.
Art. 7 of the Federal Act of 17 December 1993 on free passage applies in all cases.

RS 831.40 RS 831.42 art. 10 time of termination of the contract of employment and benefits in the case of output the termination of the work contract period may not exceed one year.
In principle, no severance is planned.
If exceptionally a severance pay is justified, will be considered for calculating motives of the start of the age, of the professional and personal situation of the person concerned as well as the duration of the commitment. If the person concerned has been released other benefits of employment during the notice period, the duration of this suspension is taken into account for the calculation of the severance pay.
Bonuses may be paid only if the departure of the person concerned is not due to any fault on his part.

Art. 11 ancillary activities are in particular deemed to be ancillary activities: a. the exercise of a mandate policy; (b) the exercise of an activity as a member of a management body of another company or another institution of public or private law; c. a Council activity.

Framework of the highest hierarchical level is required to announce the higher court that he accepted their ancillary activities referred to in para. 1. If the governing body finds that incidental activity mobilizes this framework in a measure likely to jeopardize its services within the meaning of para. 3 or leads to conflicts of interest within the meaning of para. 4, he shall notify the competent Department. It examines whether the federal Council must give its consent.
Benefits are deemed to be compromised if the total workload of the principal activity and incidental activity exceeds 10% a whole load of work. The management body may issue restrictive provisions.
If ancillary activities are carried out in the same branch or in a related branch or if they can give rise to a direct business relationship or to direct participation, a thorough review should be undertaken to determine if they can be admitted.
The share of income from ancillary activities that exceed 30% of the compensation must be provided to the employer. If an incidental activity is motivated by the interests of the employer, may waive entirely or partially receive the share of income in question.


Art. 12 consultation of the federal Council in duly motivated cases, the Department of Finance (FDF) can load the departments concerned to submit certain terms of the contract to the federal Council for consultation.

Section 4 reports and publication art. 13 reports businesses and institutions report annually, under a standardized form of the application of this order, to the competent departments, for the federal Council and the Delegation of the Finance of the Federal Chambers.
These reports indicate in particular the total amount of the fees and benefits annexes to the management body, the sum total of the remuneration and other contractual conditions, as well as the ancillary activities authorized by the federal Council. Benefits paid to the Presidency of the Executive as well as Chairman of the management are presented separately. The indications are subdivided into wages, fees, bonuses and other additional services.
The FDF makes the reporting rules and coordinates their writing.

Art. 14 publication businesses and institutions publish the information provided for by art. 13, al. 2 in their annual report or in a body of comparable information. Commenting on the differences compared to the previous year.
Are known functions of the highest hierarchical level of the federal administration executives referred to in art. 15, al. 6, FPL, the functions of classes of wages 34 to 38.
Enterprises and institutions shall communicate on request compensation paid to executives of the highest hierarchical level to the title: a. benefits of residence according to art. 43 o on July 3, 2001, on the staff of the Confederation (OPers); b. premiums to function according to art. 46 OPers; c. Special allowances under art. 48 OPers; d. allowances related to the labour market according to art. 50 OPers.

RS 172.220.111.3 Section 5 provisions final art. 15 execution departments ensure the execution of this order.

Art. Transitional provision 16 contract terms which are inconsistent with this order will be adapted from here to December 31, 2004.

Art. 17 entry into force this order comes into force on February 1, 2004.

RO 2004 439 RS 172.220.1 RS 172.010.31 RS 221.302 RS 442.1 RS 732.2 RS 783.1 SR 812.21 RS 832.20 RS 946.10 RS 956.1 new content according to chapter I of the O from 1 July. 2015, in effect since August 1, 2015 (RO 2015 2341).

State August 1, 2015