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RS 172.220.111.91 Order of the DDPS of 25 August 2009 on personnel dedicated to the promotion of peace, the strengthening of human rights and humanitarian assistance (OPers-PDHH-DDPS)

Original Language Title: RS 172.220.111.91 Ordonnance du DDPS du 25 août 2009 sur le personnel affecté à la promotion de la paix, au renforcement des droits de l’homme et à l’aide humanitaire (OPers-PDHH-DDPS)

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172.220.111.91

DDPS Ordinance on Personnel for the Promotion of Peace, Strengthening Human Rights and Humanitarian Aid

(OPers-PDHH-DDPS)

On 25 August 2009 (State 1 Er January 2011)

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

See art. 40 of the Ordinance of 2 December 2005 on personnel dedicated to the promotion of peace, the strengthening of human rights and humanitarian assistance (OPers-PDHH) 1 ,

Stops:

Section 1 General provisions

Art. 1 Purpose and scope

1 This order regulates military commitments and the military part of civil-military commitments for the promotion of peace, the strengthening of human rights and humanitarian assistance and for the formation of troops Foreign nationals: 1

A.
Staff and training staff working reports;
B.
Training and staff preparation for these commitments.

2 To the extent that it does not contain or expressly authorize exceptions, it also applies to military personnel who do the training or the undertaking.

3 It does not apply to members who engage in military service training or engagement with imputation over the total duration of instructional services under s. 9 and 10 of the Order of 19 November 2003 concerning military obligations (OOMi) 2 Or who perform a voluntary military service within the meaning of s. 35 OOMi.


1 New content according to the c. I 1 of the DDPS O of 14 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 6099 ).
2 RS 512.21

Art. 2 Skills

1 The competent authorities for the decisions of the employer are those referred to in s. 2 of the Order of 3 July 2001 on the personnel of the Confederation 1 As well as in the guidelines.

2 The army's leadership staff is competent to manage staff.


Section 2 Staff reports and staff policy

Art. 3 Working Reports

1 Training and engagement are addressed in separate engagement contracts.

2 Having completed the training does not automatically entide to be recruited for a commitment.

3 During the period of the working reports, staff shall have the status of a contract member within the meaning of Art. 47, para. 3, of the Act of 3 February 1995 on the military and military administration 1 (LAAM) with the exception of military personnel under s. 47, para. 1, LAAM. It is not subject to the DDPS Order of 9 December 2003 on military personnel 2 .


Art. 4 Specified duration of the employment contract

1 The contract of employment for training is limited to the duration of the training.

2 The contract of employment for the concrete commitment is limited to the duration of the undertaking. If the undertaking is of indefinite duration, the duration of the employment contract shall be a maximum of one year.

3 If the training or the undertaking is performed partly as a military service with a charge on the total duration of the training services or as a voluntary military service, the contract of employment shall be concluded for the remaining duration of the training Or commitment.

4 The contract of employment for the undertaking may be extended once by mutual agreement. The Army General Staff may grant an additional extension in duly justified cases.

5 The duration of a contract of employment, or of employment contracts which follow without interruption, shall not exceed five years.

Art. 5 Military Rank

1 Within the framework of training and engagement, staff will:

A.
The rank he had so far in the art;
B.
The rank he had at the time of his release from military obligations;
C.
The rank of soldier if it was not previously incorporated into the army.

2 Are reserved:

A.
Appointment to the rank of specialist officer under s. 104 LAAM 1 ;
B.
The assignment of another degree for a limited period under s. 63, para. 1, OOMi 2 .

1 RS 510.10
2 RS 512.21

Section 3 Employer benefits

Art. 6 Days of Work and Days of Rest During Engagement

1 If the contract of employment does not provide for other provisions, the ordinary working week of six days and one day of rest shall apply to the duty station.

2 In extraordinary circumstances, the commanding officer or the head of the mission may, on an interim basis, derogate from this rule at the duty station. The additional working days performed on this occasion shall be compensated for by the equivalent free time during the undertaking.

Art. 7 Vacation

1 If the work reports last less than one year, the right to vacation under s. 24 OPers-PDHH is reduced proportionally.

2 The right to vacation under the contract of employment of the staff remaining employed by the DDPS during the undertaking shall be reduced in proportion to the duration of the undertaking.

3 The calculation basis for the entitlement proportional to the holidays is twelve months a year and 30 days per month.

4 Don't count as vacation days:

A.
The days of rest referred to in s. 6, para. 1;
B.
Days of leave under s. 26 OPers-PDHHs;
C.
Travel and travel days between Switzerland and the duty station, at the beginning and at the end of the engagement;
D.
Travel and return travel days between the place of leave and the duty station.
Art. 8 Leave to do and to dispose of baggage

Staff are entitled to leave days to do and to dispose of their baggage at the beginning and end of the commitment. These days of leave include:

A.
A half-day of work for commitments up to 14 days;
B.
One day of work, for commitments of fifteen to 30 days;
C.
A day and a half of work, for commitments of 31 to 120 days;
D.
Two days of work for commitments of more than 120 days.

Section 4 Military personnel obligations

Art. Training Services by OOMi

If a training service as per Appendix 3 OOMi 1 Coincides totally or partly with a commitment, the competent authority shall order a movement of service for military reasons, in accordance with Art. 29 OOMi.


Art. 10 Qualification and Proposal

For the qualification and proposal of staff in training and staff in commitment, s. 41, 43 and 44 OOMi 1 Are applicable by analogy.


Art. 11 Tax exemption from duty to serve

The Army Chief of Staff announces to the competent authority the exemption tax of the obligation to serve the identity of the personnel and the duration of his employment as military personnel.

Section 5 Final provisions

Art. 12 Amendment of the law in force

... 1


1 The amendment can be consulted in the RO 2009 4773 .

Art. 13 Repeal of the law in force

The Order of 26 February 1997 on the Peace Promotion Service 1 Is repealed.


1 [RO 1997 860]

Art. 14 Entry into force

This order shall enter into force on 1 Er October 2009.



RO 2009 4773



State 1 Er January 2011