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RS 172.220.111.310.2 DDPS Order of 9 December 2003 on military personnel (O pers mil)

Original Language Title: RS 172.220.111.310.2 Ordonnance du DDPS du 9 décembre 2003 sur le personnel militaire (O pers mil)

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172.220.111.310.2

DDPS Military Personnel Ordinance

(O pers mil)

On 9 December 2003 (State 1 Er January 2016)

The Federal Department of Defence, Population and Sports Protection (DDPS),

In agreement with the Federal Department of Finance (DFF),

See art. 115 of the Order of 3 July 2001 on the personnel of the Confederation (OPers) 1 , 2

Stops:

Chapter 1 General provisions

Art. 1 Purpose

This order regulates, for military personnel, the staff law provisions of the OPers and regulates derogations.

Art. 2 1 Definitions

1 The following are considered career officers:

A.
General officers as a principal or as an accessory whose work reports are motivated by s. 2, para. 1, OPers;
B.
Career-officer candidates from the successful completion of the Career Officer Aptitude Test (selection 1) to the successful completion of the Basic Training admission exam (selection 2);
C.
Aspiring career officers from the successful completion of the basic training course (selection 2) until the completion of their basic training course;
D.
Career officers who have completed the basic training referred to in s. 11, para. 1 or 2.

2 Are considered to be career non-commissioned officers:

A.
Career sub-officer candidates from the successful completion of the career sub-officer (selection 1) exam to the successful completion of the basic training admission exam (selection 2);
B.
Aspiring career non-commissioned members upon successful completion of the basic training course (selection 2) until the completion of their basic training course;
C.
Career sub-officers who have completed the basic training referred to in s. 11, para. 3.

3 Military flight service members include career military pilots, career operators, career FLIR operators, and career photographers.

4 Career officers and career sub-officers are considered to be career officers and career sub-officers who are specifically intended to be employed in military security, command and security training. Special forces or disaster relief assistance company (s. 7, para. 2, paragraph b, c. 2-4 of the organization of the army of 4 October 2002 2 ).


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 513.1

Art. 3 Scope of application

1 This Order applies to military personnel under s. 47, para. 1 to 3, of the Federal Act of 3 February 1995 on the military and military administration 1 .

2 It does not apply to:

A.
The chief auditor of the court;
B.
Persons whose employment contract excludes the application of this order.

3 The provisions for career officers only apply to general officers on a principal or incidental basis only when specifically mentioned.

4 The provisions for career officers and career sub-officers do not apply to professional career officers and specialist career sub-officers. Specific provisions apply to these.


Art. 4 Involvement of General Officers as an accessory

General officers on an incidental basis are hired for a specified period under the law of the personnel of the Confederation.

Chapter 2 Function Requirements

Section 1 Career Officers

Art. 5 1 Requirements for the function of career officers

1 With the exception of members of the military flight service, persons may be employed as career officers:

A.
Who have a diploma recognized by the Confederation issued by a high school or by a high school, who meet the conditions of admission of the ETH Zurich for studies leading to the bachelor's degree in political science (career officer), who present a federal certificate of capacity for initial vocational training within the meaning of the Federal Act of 13 December 2002 on vocational training (LFPr) 2 Have a degree of at least the equivalent recognized by the Confederation delivered by a school;
B.
Have knowledge of a second national language;
C.
Who shall have at least the rank of Lieutenant after completing their practical service;
D.
Who have obtained good qualifications in previous military service benefits;
E.
Who may present an extract from the criminal record that the record is a virgin;
F.
Who may present an extract from the register of proceedings stating that the prosecution is a virgin;
G.
Who have been declared fit by the Chief Medical Officer after examination by a medical officer; and
H.
Who hold the Class B driver's licence.

2 These persons must also meet at least one of the following requirements:

A.
Successful completion of the Career Officer Aptitude Test (selection 1) for a term commitment as a career officer;
B.
Successful completion of the Basic Training admission examination (selection 2) for an indeterminate appointment as an aspiring career officer;
C.
Have completed basic training for career officers referred to in s. 11, para. 1.

3 In exceptional cases which are duly justified, and where there is a proven need in the employer, the head of the army may recognise other equivalent professional qualifications within the meaning of para. 1, let. A, and other military conditions.

4 In duly substantiated exceptional cases such as the passing of the rank of non-commissioned officer to the rank of officer in the militia army, and where there is a proven need, the Chief of the Army may admit career sub-officers as such. That aspiring career officers.

5 The requirements for the duties of members of the military flight service are governed by the Order of 19 November 2003 on the Service of Military Theft (OSV) 3 .


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 412.10
3 RS 512.271

Art. 6 1 Requirements for the function of professional career officers

Can be hired as professional career officers:

A.
Which present a federal certificate of capacity for initial vocational training within the meaning of the FPr 2 Or a diploma of at least the equivalent recognized by the Confederation delivered by a school;
B.
Have knowledge of a second national language;
C.
Who passed the Career Officer Aptitude Test for professional training;
D.
Who shall have at least the rank of Lieutenant after completing their practical service;
E.
Who have obtained good qualifications in previous military service benefits;
F.
Who may present an extract from the criminal record that the record is a virgin;
G.
Who may present an extract from the register of proceedings stating that the prosecution is a virgin;
H.
Who have been declared fit by the Chief Medical Officer after examination by a medical officer; and
I.
Who hold the Class B driver's licence.

1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 412.10

Section 2 Career Subofficers

Art. 7 1 Requirements for the function of career sub-officers

1 Persons may be hired as career sub-officers:

A.
Which present a federal certificate of capacity for initial vocational training within the meaning of the FPr 2 Or a diploma of at least the equivalent recognized by the Confederation delivered by a school;
B.
Have knowledge of a second national language;
C.
Who is a non-commissioned officer after completing their practical service;
D.
Who have obtained good qualifications in previous military service benefits;
E.
Who may present an extract from the criminal record that the record is a virgin;
F.
Who may present an extract from the register of proceedings stating that the prosecution is a virgin;
G.
Who have been declared fit by the Chief Medical Officer after examination by a medical officer; and
H.
Who hold the Class B driver's licence.

2 These persons must also meet at least one of the following requirements:

A.
Passed the aptitude test for career sub-officers (selection 1) for a fixed-term appointment as a career non-commissioned member;
B.
Successful completion of the Basic Training admission examination (selection 2) for an indeterminate appointment as an aspiring career sub-officer;
C.
Have completed basic training for career sub-officers referred to in s. 11, para. 3.

3 In exceptional cases which are duly justified, and where there is a proven need in the employer, the head of the army may recognise other equivalent professional qualifications within the meaning of para. 1, let. A, and other military conditions.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 412.10

Art. 8 1 Requirements for the function of professional career sub-officers

Can be hired as career sub-officers who are specialists:

A.
Which present a federal certificate of capacity for initial vocational training within the meaning of the FPr 2 Or a diploma of at least the equivalent recognized by the Confederation delivered by a school;
B.
Have knowledge of a second national language;
C.
Who passed the aptitude test for career sub-officers specialists in occupational training;
D.
Who is a non-commissioned officer after completing their practical service;
E.
Who may present an extract from the criminal record that the record is a virgin;
F.
Who may present an extract from the register of proceedings stating that the prosecution is a virgin;
G.
Who have been declared fit by the Chief Medical Officer after examination by a medical officer; and
H.
Who hold the Class B driver's licence.

1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 412.10

Section 3 Career soldiers

Art. 1

Persons may be employed as career soldiers:

A.
Which present a federal certificate of capacity for initial vocational training within the meaning of the FPr 2 Or a diploma of at least the equivalent recognized by the Confederation delivered by a school;
B.
Who passed the occupational training aptitude test for professional training;
C.
Who are of the rank of the troop;
D.
Who have obtained good qualifications in previous military service benefits;
E.
Who may present an extract from the criminal record that the record is a virgin;
F.
Who may present an extract from the register of proceedings stating that the prosecution is a virgin;
G.
Who have been declared fit by the Chief Medical Officer after examination by a medical officer; and
H.
Who hold the Class B driver's licence.

1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 412.10

Section 4 Contract members

Art. 10 1

Persons may be employed as contract members:

A.
Which present a federal certificate of capacity for initial vocational training within the meaning of the FPr 2 Or a diploma of at least the equivalent recognized by the Confederation delivered by a school;
B.
Who are members of the Swiss army;
C.
Who have obtained good qualifications in previous military service benefits;
D.
Who may present an extract from the criminal record that the record is a virgin;
E.
Who may present an extract from the register of proceedings stating that the prosecution is a virgin; and
F.
Who were declared fit by the Chief Medical Officer after examination by a medical consultant.

1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 412.10

Section 5 3 Non-fulfilment of function requirements

Art. 10 A Enrolment in the criminal record and prosecution registry at the time of the engagement

Where a person is subject to minor inscriptions, the head of the army may grant a waiver on the basis of a reasoned request from the appointing authority.

Art. 10 B Reimbursement of appraisal fees

1 The employer may require reimbursement of the costs of the basic education referred to in s. 11:

A.
One of the requirements related to the function in accordance with ss. 5 to 10 is not or more satisfied;
B.
If the basic education referred to in s. 11 is interrupted prematurely or if it fails;
C.
If the work reports are terminated by the employee.

2 The reimbursement shall be governed by the provisions of the training agreement.

Chapter 3 Basic Training and Human Resource Development

Section 1 Basic Directive

Art. 11 1

1 The basic education of career officers, with the exception of members of the military flying service, includes the bachelor's degree (integrating the cycle of studies leading to the political science bachelor's degree in Zurich's EPF for career officers), The diploma course (integrating the Diploma of Advanced Studies EPF in the military sciences) or the training of the Military Academy at the Military Academy of the ETH Zurich according to the order of 24 September 2004 concerning the Military Academy at the EPF of Zurich 2 .

2 The basic training for members of the military flight service is set out in the DDPS Order dated December 4, 2003, on members of the Military Flying Service (OMSVM) 3 .

3 Basic training for career sub-officers includes the basic training course as per the DDPS order of 7 December 2015 concerning the training of army career sub-officers (OISofCA) 4 .

4 The basic training of professional career officers, career sub-officers and career soldiers takes into account needs and functions. It takes place during the commitment period.

5 The basic training of contract members takes into account needs and functions. It takes place during the commitment period.

6 A written training agreement must be entered into, except with contract members, prior to admission to the basic training. This Convention contains, in particular, the provisions on the obligation to reimburse the costs of instruction.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 RS 414.131.1
3 RS 512.271.1
4 RS 512.413

Section 2 Human Resources Development

Art. 12 1 Assigning functions

1 A function is assigned to career officers and career sub-officers in accordance with the employer's needs, personal suitability, benefits and taste.

2 In exceptional cases, career officers and career sub-officers may be transferred to a position in a lower class for their professional development; in this case, they retain their conditions of engagement for No more than three years.

3 The career officers assigned to the position of Deputy Chief of Defence Personnel and Chief of the Defence Staff, Chief of the Defence Staff and Defence Career Management, or Chief of the Defence Staff Management of the commitment and career of the direct subordinates of the Chief of the Army, retain their terms of engagement as long as they exercise their new function.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 13 1 Engagement Groups

1 The duties of career officers and career sub-officers, with the exception of members of the military flight service, candidates and candidates, are divided into commitment groups.

2 The evaluation of the functions and their assignment to a commitment group shall be governed by the evaluation requirements.

3 Within a commitment group, a distinction can be made between the following duties as appropriate for an initial assignment, subsequent or subsequent assignment, to ensure staff planning that takes into account the experience and The age of the collaborators.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 14 1 Continuing Education

Continuing training takes place at the end of the basic training. It is used to retain and expand the skills of military personnel and contract personnel.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 15 1 Development courses

1 Developmental internships provide career military personnel with the ability to perform tasks in a higher engagement group or in a higher function.

2 They may be supplemented by services ordered in foreign armies or in international organizations, or through post-graduate studies.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Chapter 4 Commitments and Transfers 4

(art. 89 OPers)

Art. 16 Commitments

1 Military personnel may at any time be engaged in Switzerland or abroad in accordance with the requirements of the service. Where there are significant grounds, in some cases it may be waived.

2 Instructions to the troop, peace support services and support services are part of the commitments abroad. 1

3 ... 2


1 New content according to the c. I of the DDPS O of 5 jul. 2005, effective 15 June 2005 ( RO 2005 2693 ).
2 Repealed by c. I of the 7 Dec DDPS O. 2015, with effect from 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 17 Transfers

1 A function and place of work are assigned to career officers, including general officers, and to career sub-officers. An assigned function must be exercised for four to six years, as this rule does not apply to candidates or aspiring candidates. 1

1bis The Employer may change the assignment at any time; the communication of the change of assignment shall be in writing. This provision does not apply to candidates. 2

2 A new place of work is assigned to career officers and career sub-officers if there is reason to believe that they will perform their duties more than one year. The assignment must be communicated in writing six months prior to the commencement of work at the new location.

3 Career officers and career sub-officers are generally assigned to a military post. Job planning approved by the Chief of the Army is a determining factor. Career officers and non-military career non-commissioned officers lose the status of a career officer and a career sub-officer after three years.

4 Transfers of career officers and career sub-officers as part of a project approved by the Chief of the Army or professional development must not last more than three years. 3

5 A transfer to a post outside the field of defence may take place only with the consent of the General Secretariat of the DDPS.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 Introduced by ch. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
3 New content according to the c. I of the O of the DDPS of 12 January 2011, in force since 1 Er Feb 2011 ( RO 2011 271 ).

Art. 18 1

1 Repealed by c. I of the O of the DDPS on August 28, 2014, with effect from 1 Er Oct. 2014 ( RO 2014 2813 ).

Chapter 5 Working Time and Overtime

(art. 64 ss OPers)

Art. 19 1 Career Military

1 The working time of career officers, including general officers, and career sub-officers is governed by the needs of the service. It is carried out as a full-time activity. 2

2 Upon request, the Chief of the Army may authorize a part-time commitment for career officers, including general officers, and career sub-officers, to the extent that this does not affect the performance of their duties and their duties. Commitment based on service requirements. 3

3 On request, the Chief of the Army authorizes under s. 60 A OPers, a reduction in the occupancy rate of career officers, including general officers, and career sub-officers, as a result of the birth or adoption of a child, to the extent that this does not affect the performance of their duties and Their commitment to service needs. 4

4 The authorization to partially exercise an occupation shall be extinguished in the event of a change of function and shall be subject to a new application.

5 In the event of an exceptional temporary overload of work, compensation shall be granted in the form of free time.

6 Work on Sundays and holidays, as defined in Art. 66, para. 2, OPers, is compensated by free time.

7 The working time of professional career officers, specialist career officers and career soldiers is governed by the law of the personnel of Confederation.


1 New content according to the c. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).
2 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
3 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
4 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 1 Contractual Members

1 The weekly working time of contract members shall be governed by the requirements of the service and shall be carried out on the basis of the schedule to the year, as defined in Art. 64, para. 4 Bis , OPers. It consists of 45 hours on an annual average and is, in principle, carried out as a full-time activity.

2 Upon request, the direct subordinates of the Chief of the Army may authorize a part-time commitment for contract members, as long as this does not affect the performance of their duties and their commitment to the needs of the service.

3 Upon request, the direct subordinates of the Chief of the Army authorize, pursuant to s. 60 A OPers, a reduction in the occupancy rate of contract members, as a result of the birth or adoption of a child, to the extent that this does not interfere with the exercise of their function and their commitment to the needs of the service.

4 The authorization to partially exercise an occupation shall be extinguished in the event of a change of function and shall be subject to a new application.

5 If necessary, it may be ordered to work weekends, holidays, within the meaning of s. 66, para. 2, OPers, evenings and nights. In such cases, the daily working time must not exceed 16 hours.

6 Hours of work in excess of the weekly working time of 45 hours may be recognized as overtime. Overtime shall be compensated for by equivalent leave.

7 A total of up to 50 hours can be carried forward to the next calendar year for overtime. The extra hours worked are lost without the right to compensation.

8 When work reports are completed, overtime may be paid on the basis of 100 % of the salary converted to hourly wages.


1 New content according to the c. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).

Chapter 6 Vacation

(art. 67 OPERS)

Art.

1 Military personnel are entitled to at least two weeks of consecutive vacation each year. Wherever possible, vacation dates will be fixed taking into account their wishes.

2 An additional week of vacation is granted to the military's military career pilots to compensate for the physical and psychological burden.

3 In the case of children of school age, military personnel are entitled, each year, to at least 2 weeks of vacation during school holidays.

4 Aspirants take their holidays according to the constraints of the instruction. 1


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Chapter 7 Reimbursement of costs

Section 1 Career Officers and Career NCOs

Art. Allowances for the occupation of housing at the workplace

1 Career officers, including general officers, and career sub-officers whose home is located more than an hour's journey from their place of work are entitled to compensation if they reside in or near the workplace. 1

2 ... 2

3 In case of absence due to professional displacement, vacations, military service, sickness or accident, unoccupied housing according to para. 1 shall be compensated for up to three months if reserved and shall be paid.

4 The authorized persons referred to in para. 1 who take accommodation, with the exception of overnight stays in the hotel, in a motel or in a pension, are entitled to an allowance for the maintenance of the accommodation. 3

5 The amount of the allowance shall be set out in Appendix 1.

6 ... 4


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 Repealed by c. I of the O of the DDPS on August 28, 2014, with effect from 1 Er Oct. 2014 ( RO 2014 2813 ).
3 New content according to the c. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).
4 Repealed by c. I of the O of the DDPS on August 28, 2014, with effect from 1 Er Oct. 2014 ( RO 2014 2813 ).

Art. A 1 Housing in barracks or other buildings of Confederation in the workplace

1 Career officers, including general officers, and career sub-officers whose home is located more than an hour's journey from their place of work have the right to stay in barracks or other buildings of the Confederation sis at or near the workplace, provided there is room. 2

2 They shall be entitled to a meal allowance under the conditions set out in Appendix 1 for each night in that dwelling.


1 Introduced by ch. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).
2 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. Accommodation in barracks or other Confederation buildings on service trips 1

1 Career officers, including general officers, and career sub-officers have the right, on their tours of duty, to stay in barracks or other buildings of Confederation, as long as the service so requires and Has a place. 2

2 An allowance under Appendix 1 shall be paid for accommodation in barracks and other buildings of the Confederation.


1 New content according to the c. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).
2 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 24 1 Overnight work meal allowance

1 Career officers, including general officers, and career sub-officers shall be entitled to a meal allowance under the conditions set out in Appendix 1 when they are on government business, for a period of at least three hours between 20 00 and 06 h 30, In a school, in a course, in a training course or in a commitment.

2 This provision does not apply to the basic training course.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 24 A 1 Meal allowance in case of work early in the morning or late in the workplace

1 Career officers, including general officers, and career sub-officers shall be entitled to a meal allowance under the conditions set out in Appendix 1 when they are on duty in a school, in a course, in a course of Training or commitment prior to 05 h 30 or after 20:30 in the workplace.

2 This provision does not apply to the basic training course.


1 Introduced by ch. I of the 6 Dec DDPS O. 2007 ( RO 2007 6631 ). New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 (RO) 2015 5027).

Art. 25 1 Tackles between place of residence, place of work and place of engagement, and travel paid for visits

1 For holders of a personal service vehicle under s. 30, journeys made between the place of residence, the place of work and the place of engagement shall be considered as movements of service.

2 Every person who receives an accommodation allowance at the workplace is entitled per week, in addition to the weekend trips, to an allowance for a movement of service to his or her home or for a journey to the work place for his/her spouse, Or his partner or companion, and his children under 18 years of age to visit him.

3 Candidates with a rank of senior non-commissioned officer, aspirants and career sub-officers in Commitment Group 1 may use 1 Re Class of public transport for journeys made between their place of work and their place of engagement and between their places of engagement. The provisions of Art. 35, para. 4, are reserved.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 26 Allowances for the use of private motor vehicles by members of the military flight service 1

1 Members of the Military Flying Service shall be compensated in accordance with Appendix 1 for use for the purpose of service of their private motor vehicle in a bird-flight radius of 20 km from the place of work or place of external engagement. 2

2 The entitlement to the allowance begins for military pilot candidates on admission to the military flight service; for all other candidates, the entitlement begins at the time of the surrender of the patent but at the earliest opportunity for the probationary period.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Section 2 Career Officers Specialists, Career and Specialist Career Officers

Art. 27

1 Specialist career officers, professional career sub-officers, and career soldiers have the right to stay in barracks or other buildings of Confederation if the service requires it and provided there is Place.

2bis Career officers, specialist career officers and career soldiers are entitled to a meal allowance under the conditions set out in Appendix 1 when they are on duty in a school, course, or Traineeship before 05 h 30 or after 20:30. No compensation shall be granted during the basic training. 1

2ter Specialist Career Officers and Senior Career Officers can use 1 Re Class of public transport for journeys between their place of work and their place of engagement, as well as between their places of engagement. 2

2 An allowance under Appendix 1 shall be paid for accommodation in barracks and other buildings of the Confederation.

3 Other allowances for the coverage of costs are governed by the OPers.


1 Introduced by ch. I of the 6 Dec DDPS O. 2007, effective from 1 Er Jan 2008 ( RO 2007 6631 ).
2 Introduced by ch. I of the 6 Dec DDPS O. 2011, effective from 1 Er Jan 2012 ( RO 2011 6109 ).

Section 3 Contract members

Art. 28

1 Contract members have the right to stay in barracks or other Confederation buildings at the workplace if required by the service and as long as there is space. In special cases, an allowance may be paid for accommodation outside the workplace. The amount of the allowance shall be set out in Appendix 1.

2 In engagements with the company outside the workplace, as well as in basic training and development, the employer allocates appropriate accommodation and sustenance.

3 For the meals required by the service and taken to the troop, the actual costs according to the DDPS order of 12 December 1995 on the administration of the army (OAA-DDPS) 1 Are refunded.

3bis Contract members shall be entitled to a meal allowance under the conditions set out in Appendix 1 when they are on business order in a school, course or probationary period before 05 h 30 or after 20:30. No compensation shall be granted during the basic training. 2

3ter Contract officers and contract senior sub-officers may use 1 Re Class of public transport for journeys between their place of work and their place of engagement, as well as between their places of engagement. 3

4 Other allowances for the coverage of costs are governed by the OPers.


1 RS 510.301.1
2 Introduced by ch. I of the 6 Dec DDPS O. 2007 ( RO 2007 6631 ). New content according to the c. I of the O of the DDPS of 12 January 2011, in force since 1 Er Feb 2011 (RO 2011 271).
3 Introduced by ch. I of the 6 Dec DDPS O. 2011, effective from 1 Er Jan 2012 ( RO 2011 6109 ).

Chapter 8 Personal service vehicles

(art. 71 OPERS)

Art. Principle

1 A personal service vehicle is provided for the performance of service obligations. It remained the property of Confederation. The possessor is a holder within the meaning of road traffic legislation.

2 The holder shall use the vehicle in an economical and ecological manner. It may be used for private purposes against a lump-sum payment.

2bis It is not permitted to use the personal service vehicle for commercial purposes. 1

3 The use of official vehicles is governed by art. 14 to 16 of the order of 23 February 2005 concerning motor vehicles of the Confederation and their drivers 2 . 3


1 Introduced by ch. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).
2 RS 514.31
3 Introduced by ch. I of the O of the DDPS of 12 January 2011, in force since 1 Er Feb 2011 ( RO 2011 271 ).

Art. 1 Assignment of Personal Service Vehicles

1 A personal service vehicle is assigned to the following persons:

A.
Career officers, with the exception of career officers and members of the military service;
B.
Career sub-officers, with the exception of career non-commissioned members;
C.
Aspiring career officers, upon successful completion of the Basic Training admission examination (selection 2), except during the civilian training modules. During their studies at the ETH Zurich and the Military School, they receive a general subscription 1 Re CFF class in place of a personal service vehicle;
D.
Aspiring career sub-officers, upon successful completion of the Basic Training admission examination (selection 2).

2 The assignment of personal service vehicles to general officers on a principal basis is governed by s. 71, para. 2, let. A, OPers.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 1 Automotive Service

The Vehicle Service (SPA) is responsible for the acquisition and management of vehicles.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 32 1 Degrees of Attribution

Degrees of allocation are established to allocate the financial resources committed by the Confederation for the acquisition, operation and management of personal service vehicles. The degree of allocation shall be given to each commitment group according to Appendix 2. The Head of the Army shall fix the rates in agreement with the General Secretariat of the DDPS.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 33 Allocation of vehicles

1 The acquisition of new cars and, in special cases, the allocation of a used car, a vehicle forming part of a pool or a rental car are carried out by the SPA. Eligible candidates receive a vehicle that is part of a pool as the first car. 1

2 When acquiring a new car, the persons listed in s. 30, para. 1, may choose their vehicle. This vehicle must correspond to the rates set out in s. 32 as well as the minimum requirements of the SPA.

3 The holder does not have the right to make modifications to his vehicle.

4 In the case of incorrect use or conversion of the vehicle, breach of the requirements or breach of financial obligations, the SPA, in agreement with the hierarchical superior, may change the allocation of the vehicle, assign a vehicle Part of a pool or rental car or limit the use of the service.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 34 Duration of custody and return

1 The SPA sets the on-call time according to management criteria. At the end of the on-call period, he decides whether the vehicle can continue to be used by the Confederation or be sold at market price.

2 During the period of the assignment of a personal service vehicle, the holder shall have the obligation to use the assigned vehicle for service purposes and to maintain it.

3 When passing through a higher award level, the holder retains his or her vehicle. The vehicle may be changed during the transition to the award level 3. The holder shall bear the resulting costs.

4 Where the allocation is amended or lapses due to a fault or initiative of the holder, the holder shall bear the costs incurred.

5 Where there is disagreement during a change of vehicle after the transfer to the degree of assignment 3 and in the cases provided for in para. 4, the SPA issues a decision on costs, in particular on the difference in linear depreciation with respect to market value. The SPA may request an advance notice from an expert from the Swiss Association of Automotive Experts.

Art. 35 Service movements and private vehicles

1 The journeys resulting from the service of the militia or the professional activities of the holder shall be regarded as service movements. Journeys within the meaning of Art. 25 are also considered to be service displacements.

2 All other routes are considered private trips.

3 The cost of service travel is borne by the Confederation. The head of the army shall, in agreement with the General Secretariat of the DDPS, determine the amount of the monthly plan to be paid by the holder for his private trips. 1

4 The personal service vehicle shall be used for service displacements. Public transport may, however, be used where appropriate and the needs of the service permit. 2

5 The personal service vehicle shall be used for journeys between the place of residence and the place of work or undertaking. The journeys between the place of residence and the place of work do not count as working time according to Art. 19. 3


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
2 Introduced by ch. I of the O of the DDPS of 12 January 2011, in force since 1 Er Feb 2011 ( RO 2011 271 ).
3 Introduced by ch. I of the DDPS O of 12 Jan 2011 ( RO 2011 271 ). New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 (RO) 2015 5027).

Art. 35 A 1 Driver Authorization When Service Moves

1 During service movements, the holder or a person duly authorized by the latter shall conduct the personal service vehicle. 2

2 The Chief of the Army, the Commander of the Land Forces and the Commander of the Air Force are each assigned a personal driver.

3 Other holders may hire drivers for service trips only if the journey is directly related to a service activity of the troop or if the performance of the task or safety absolutely requires it. Only members incorporated as drivers in the troop in service may be engaged. 3

4 No driver may be hired for journeys between the place of residence and the place of work or undertaking. 4


1 Introduced by ch. I of the O of the DDPS of 12 January 2011, in force since 1 Er Feb 2011 ( RO 2011 271 ).
2 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
3 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).
4 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 36 1 Authorization to conduct private driving

1 In addition to the holder, all members of the family registered in his or her home, including partner or partner, are allowed to make private trips according to art. 35, para. 2.

2 Vacation travel and driving courses are only allowed in the company of the holder.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. Registration

1 Personal service vehicles are registered in civil and military terms. In the event of a decision not to use the service vehicle for private purposes, the vehicle is registered solely at the military level. 1

2 In the service of militia, all service movements are carried out with military control plates.

3 The car must carry the cantonal plates for all private trips.

4 Control plates cannot be used as interchangeable plates for other vehicles.


1 New content according to the c. I of the 7 Dec DDPS O. 2015, in force since 1 Er Jan 2016 ( RO 2015 5027 ).

Art. 38 Liability

1 ... 1

2 The Confederation bears the risk of civil liability and casco for service travel and private travel.

3 Where the personal service vehicle is used in a professional or private capacity, the holder shall be liable to the Confederation under the provisions of the Act of 14 March 1958 on liability 2 . 3

4 During military service, the holder's responsibility to the Confederation is governed by the provisions of the Federal Act of 3 February 1995 on the military and military administration 4 .


1 Repealed by c. I of the O of the DDPS on August 28, 2014, with effect from 1 Er Oct. 2014 ( RO 2014 2813 ).
2 RS 170.32
3 New content according to the c. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).
4 RS 510.10

Chapter 9 5 Implementing provisions

Art. 38 A

In agreement with the General Secretariat of the DDPS, the Chief of the Army may issue directives concerning this order.

Chapter 10 6 Final provisions

Art. 39 Repeal of the law in force

The following orders are repealed:

1.
DDPS Order of 24 October 2001 on the Corps of Instructors (OI-DDPS) 1 .
2.
DDPS Order dated December 3, 1991 on watch wing (O esca surv) 2 .
3.
DDPS Order dated November 30, 1995 concerning Instructor Cars (OVI-DDPS) 3 .

1 [ RO 2002 49 ]
2 [RO 1992 21]
3 [RO 1996 573, 2002 2833]

Art. 40 1 Transitional provisions relating to the modification of 28 August 2014

1 Right holders within the meaning of s. 22, para. 1 and 4, of the former right 2 Who receive an allowance for the occupation of accommodation in the workplace or an allowance for additional expenses, shall receive such allowances until 30 April 2015 at the latest.

2 Right holders within the meaning of s. 22, para. 1 and 4, of the old right which will change housing on 30 April 2015 at the latest following an assignment to a new place of work or for personal reasons, shall be subject to these provisions as from the moment they take their New housing.


1 New content according to the c. I of the O of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).
2 RO 2003 5015 , 2011 271

Art. And 42 1

1 Repealed by c. I of the 6 Dec DDPS O. 2011, with effect from 1 Er Jan 2012 ( RO 2011 6109 ).

Art. 43 Entry into force

This order shall enter into force on 1 Er January 2004.

Appendix 1 1

(art. 22 to 24 A , 26 to 28)

Amount of allowances

Fr.

1

The allowances for accommodation at the workplace amount to:

1.1

-
According to art. 22, para. 1, and art. 28, para. 1, maximum per month (actual expenditure based on invoice amount or lease)

1000.-

1.2

-
A lump-sum monthly amount under s. 22, para. 4

100.-

2

The allowances paid for each night in case of accommodation in barracks or in other buildings of the Confederation according to Art. 23 and 27, para. 2 rise to

15.50

3

The allowances for meals are as follows:

3.1

-
In the case of night work under s. 24

15.50

3.2

-
In the case of work early in the morning or late in the evening according to art. 24 A , 27, para. 2 Bis , and 28, par 3 Bis :

-if meals can be taken from the company:

-Lunch

7.-

-supper

10.-

-if meals cannot be taken from the company:

-Lunch

14.-

-supper

27.50

3.3

-
In the case of accommodation in barracks or other buildings of the Confederation according to Art. 22 A , para. 2:

-Lunch

14.-

-supper

27.50

4

The allowance for the use of private vehicles for service purposes under s. 26, para. 1, amounts to an annual lump sum of:

5040.-


1 New content according to the c. II of the DDPS of 28 August 2014, in force since 1 Er Oct. 2014 ( RO 2014 2813 ).


State 1 Er January 2016

Appendix 2

(art. 32)

Degrees of Attribution

Degree of allocation

Career Officers

Career NCOs

3

General Officers as Senior Officers

2

Commitment Group 5

2

Commitment Group 4

Commitment Group 5

2

Commitment Group 3

Commitment Group 4

1

Commitment Group 2

Commitment Group 3

1

Commitment Group 1

Commitment Group 2

1

Commitment Group 1


State 1 Er January 2016