¹ The EPF Council, the two FIFs and the research institutes are responsible for:

A.

Implement a progressive and socially responsible personnel policy;

B.

To provide attractive and competitive working conditions at the national and international levels;

C.

Employ their staff appropriately, economically and socially responsible;

D.

Recruit and retain appropriate collaborators.

² The staff policy takes into account the objectives of education, research and service provision as defined in the EFA legislation. It is based on the personnel policy of the CF and the common agreement of the social partners.

³ Both FIFs and research institutes are responsible for the implementation of personnel policy. They shall take the necessary personnel and organisational measures in their field.

(art. 4, para. 2, let. B, LPers)

¹ Both FIFs and research institutes encourage the development of the skills of all employees. They thus improve the quality of their services, the technical skills of their employees and the chances of their employees in the labour market.

² Collaborators are required to develop their skills and labour market requirements and adapt to change.

³ Both FIFs and research institutes are fairly involved in development costs. Reciprocal rights and duties can be recorded in conventions on training.

(art. 4, para. 2, let. B, LPers)

Both FIFs and research institutes establish career plans for assistants, first assistants and scientific collaborators.

(art. 4, para. 3, LPers)

¹ Superiors have, at least once a year, an interview with their employees. This interview makes it possible to take stock, to encourage employees and to evaluate their benefits, but it also allows employees to decide on the way in which their superior leads his unit.

² In particular, the subject of an assessment and measures of encouragement:

A.

Defining objectives and controlling them;

B.

Working conditions;

C.

Skills development opportunities and measures;

D. ²

The introduction of appropriate measures with regard to the function or contract of employment.

³ Employee benefits are assessed against pre-defined criteria.

⁴ Collaborators assess how their superior leads their unit. The views expressed will help superiors to improve the organizational unit.

⁵ If the working reports of limited duration extend beyond five years in accordance with Art. 17 B The EPF Act of 4 October 1991 ³ , a written career plan must be established no later than four years. The latter will be reviewed after three years at the latest. ⁴

(art. 4, para. 2, let. C, LPers)

Both FIFs and research institutes establish programmes for the development of management capacity. The aim of the latter is to enable appropriate staff to access management functions and to strengthen management capacities at all levels, including education, research and service provision.

(art. 4, para. 2, let. G, LPers)

¹ Both FIFs and research institutes are working to create a climate of respect and trust that excludes discrimination.

² They shall prevent, by means of appropriate measures, any unacceptable interference with the personality of the employees, regardless of who is behind them, in particular:

A.

The systematic entry of data relating to individual benefits, without the knowledge of the persons concerned;

B.

The commission or tolerance of acts or activities affecting the personal or professional dignity of the employees.

³ Both FIFs and research institutes designate a body responsible for advising employees who feel disadvantaged or discriminated against and to offer them support. This body is not subject to any directive in the performance of its mission.

(art. 4, para. 2, let. D, LPers)

¹ Both FIFs and research institutes are taking targeted measures to ensure equal opportunities and equal treatment between women and men.

² They protect the dignity of women and men in their workplace and take measures to enforce the prohibition of discrimination.

(art. 4, para. 2, let. E, f, h to k, 32, let. D, LPers)

The two FIFs and research institutes take appropriate measures in their field to:

A.

Promote plurilingualism and ensure equitable representation of different linguistic communities and mutual understanding;

B.

Ensuring equal opportunities for people with disabilities, including employment and integration;

C.

Encourage their employees to adopt, at their place of work, eco-friendly behaviour, which will protect their health and ensure safety at work;

D.

Creating learning and training places;

E.

Creating working conditions that allow employees to exercise their family responsibilities and fulfil their social commitments;

F.

Ensure that their employees will benefit in time from extensive information.

(art. 5 LPers)

¹ The EPF Council coordinates, within the framework of the fundamental principles set out in Art. 4, the personnel policy defined by FIFs and research institutes.

² Both FIFs and research institutes periodically verify that the objectives of the RAP and this Order are being met. They send a report on this subject to the EPF Board.

³ This report will include:

A.

The composition of staff;

B.

Staff costs;

C.

Job satisfaction;

D.

Conducting evaluation maintenance;

E. ¹

The implementation of the salary system.

⁴ The EPF Board assesses the reports and reports its findings to the Federal Department of Economics, Training and Research ² .

(art. 33 LPers)

¹ The EPF Council, the two EPF and the research institutes take all the necessary measures to ensure the proper functioning of the social partnership.

² They shall periodically, together with the social partners, sign a common agreement on staff policy cooperation and objectives.

³ On the basis of this common agreement, the social partners may require a review of this order.

⁴ Staff committees can be established in both FIFs and in research institutes if a majority of staff wish to do so.

(art. 7 LPers)

¹ Vacancies shall be open to public competition in the appropriate mass media.

² When an internal competition guarantees a sufficiently competitive situation or the equality of access to a position is not threatened, it may be waived, on an exceptional basis, to a public competition. The two FIEs and research institutes regulate, in their field, the modalities and the distribution of competences.

The undertaking is subject to the requirements in line with the field of activity.

(art. 8 LPers)

¹ The work reports are born with the signing of a contract of employment by the competent department and the person to be hired.

² The contract of employment shall rule at least the following:

A.

The beginning and duration of the working reports;

B.

The area of activity;

C.

The trial period;

D.

Degree of occupancy;

E.

Remuneration and the method of remuneration;

F.

Occupational foresight;

G.

Notice periods.

³ In addition to their contract of employment, employees receive a job description.

(art. 13 LPers)

¹ Any modification of the contract of employment requires the written form.

² In the event of an amendment to the contract of employment, concerted solutions must be sought as a matter of priority. If the employee objects to the amendment, the amendment may be imposed only by way of termination, in accordance with Art. 20 A OPers-EPF. ¹

(art. 8, para. 2, LPers)

¹ The trial period is usually three months. It may be set at six months for scientific staff and for staff performing special functions in the field of support. ¹

² In the case of a change of position within the domain of the FIF or of fixed-term work reports, the trial period may be reduced or eliminated.

(art. 9 LPers)

¹ The working reports are in principle of indefinite duration.

² ... ¹

³ Fixed term contracts cannot be concluded for the purpose of circumventing the provisions relating to protection against dismissal according to Art. 10 LPers. ²

¹ During the trial period, the contract may be terminated:

A.

Within seven days during the first two months of testing;

B.

Within one month, for the end of the month following the month in which the leave was notified, from the third month of trial.

² After the trial period, the contract may be terminated at the end of the month; the period of leave shall be:

A.

One month during the first year of service;

B.

Three months from the second year of service.

³ In special cases, a longer period of termination may be agreed upon. The latter may be no more than six months.

⁴ In special cases, the employer may grant the employee a shorter period of termination if there is no overriding interest.

(art. 10, 19, 31 and 33, LPers) ¹

¹ Both FIFs and research institutes avoid dismissals as far as possible when they carry out restructuring. Contributors are required to contribute to their implementation, in particular by actively participating in measures and taking personal initiatives.

² Priority shall be given to dismissal:

A. ²

...

B.

The employee's assignment to another work in the field of FIF could reasonably be expected of him;

C. ³

Support for career reorientation or research for work outside the FIF domain, which may be reasonably required of the employee;

D. ⁴

Support for career development;

E.

Early retirement.

³ Both FIFs and research institutes ensure that their employees and the social partners benefit in time from extensive and transparent information.

⁴ The EPF Board is responsible for the development and signing of the social plan with staff associations.

(art. 31, para. 5, LPers)

¹ In the course of restructuring, employees may take early retirement at the earliest at the age of 58, provided that they have not refused other work which may be reasonably required of them. ¹

² The early retirement is subject to one of the following conditions:

A.

The position be deleted;

B.

The area of work of the collaborator and collaborator be changed in an unacceptable manner;

C.

That the position be abolished in the context of an action of solidarity in favour of young employees.

³ Contributors who have taken early retirement receive an annuity from PUBLICA and a non-refundable transitional pension in accordance with s. 64 of the Provident Scheme of the FIF Domain Provident Fund of 9 November 2007 for EPF staff (RP-EPF 1) ² This old-age pension is calculated according to Art. 57 RP-EPF 1 as well as a disability pension. ³

⁴ Both FIFs and research institutes pay to the Federal Pension Fund the missing cover capital due to early retirement.

(art. 31, para. 3 and 5, LPers)

In order to avoid cases of rigor, both FIFs and research institutes can provide other benefits.

(art. 15 LPers)

¹ On the occasion of the examination of the contract of employment or the change of office of a person, the competent authority according to Art. 2, para. 1 to 3, classis the person's position at a functional level in the grid of functions in Annex 1. She takes into account the profile of the position.

² Contributors contesting this classification may refer the matter to the Joint Review Committee for the evaluation of functions in the field of EPF.

(art. 15 LPers)

¹ The competent authority under Art. 2, para. 1 to 3, sets the initial salary in the scale of Annex 2, between the minimum and the maximum of the corresponding functional level.

² The amount of the initial salary shall take due account of the relevant experience and prevailing conditions in the labour market.

³ The EPF Council may, on a proposal from the EPF or the research institution concerned:

A.

Not subject certain categories of personnel referred to in s. 19, para. 2, to the provisions of paras. 1 and 2 where the employment is for a significant part the training of the persons concerned; the initial salary is then fixed in accordance with the provisions of Art. 35, para. 1;

B.

Attract or retain highly competent employees by more than 10 % at most the maximum amount of their functional level.

(art. 4, para. 3, and 15 LPers)

¹ The salary progression is based, within the limits of available resources, on the annual assessment of the individual's benefits and experience.

² Employee benefits are appreciated as follows:

A.

The person significantly exceeds the requirements;

B.

The person exceeds the requirements;

C.

The person meets the requirements;

D.

The individual meets most of the requirements;

E.

The person meets part of the requirements;

F.

The person does not meet the requirements. ²

³ Where the salary of a person is less than that which would correspond to his or her benefits, it shall be noted if the available resources permit. If it exceeds that which would correspond to its benefits, it remains unchanged.

⁴ If an employee does not meet the requirements, his or her supervisor shall take appropriate action with regard to the function or contract of employment of the person concerned. ³

⁵ The EPF Council may, on a proposal from the EPF or the research institution concerned:

A.

Provide for certain functional groups a system of premiums based on the assessment of benefits, without the possibility of exceeding the maximum salary of the corresponding functional level;

B.

Not subject certain categories of personnel referred to in s. 19, para. 2, to the provisions of paras. 1 to 3 where the employment is for a significant part the training of the persons concerned; the initial salary is then fixed in accordance with the provisions of Art. 35, para. 1.

⁶ FIFs and research institutions refer to an internal body to which employees can apply in the event of a discrepancy in the assessment of benefits.

(art. 16 LPers)

¹ The FPR Council shall review each year with its social partners the amounts and salary ranges of Annex 2, and adjust them as necessary within available resources.

² The adjustments take into account in particular the labour market and the increase in the price.

(art. 15 LPers)

¹ A function allowance may be paid to employees who are required to perform particularly demanding duties on a temporary basis that do not, however, justify the permanent reclassification to a higher functional level.

² The amount of the allowance depends on the functional level to which these tasks correspond.

³ A function allowance may be paid for the charge exercised as another member of the management of an FIF or research institution. ²

(art. 15 LPers)

¹ Special premiums can be paid in recognition of exceptional benefits for individuals or teams.

² Premiums are awarded in cash or in kind.

³ Their amount may not exceed 10 % of the maximum functional pay mentioned in Annex 2.

The EPF Council may, in the presence of special conditions prevailing in the labour market, decide on the payment to certain functions of a temporary allowance equivalent to 10 % of the maximum amount of the corresponding functional level.

(art. 15 LPers)

Bonus payments can be made for:

A.

Sunday work and night work;

B.

Team work or the services of permanence.

(art. 15 LPers)

The salary and allowances of employees employed on a part-time basis are proportional to the occupancy rate, subject to the provisions of s. 41 A .

¹ Where a function cannot be classified at a level referred to in s. 25, the salary may be a lump sum. The amount of the lump sum salary is in line with the scales adopted by the funder and is proportional to the actual working time spent at the institution. ¹

² For irregular mandates, hourly or daily wages may be fixed.

(art. 29 LPers)

¹ Employees are entitled to maintain their full salary in the event of incapacity for work due to illness or accident. Insurance benefits are paid to the employer and not to the employees concerned, who receive their regular salary. ²

^1bis Another disease or accident opens up a new right. ³

² The right to pay may be reduced if the employee has caused the illness or accident, intentionally or as a result of serious negligence, or has intentionally exposed itself to a hazard or an extraordinary risk.

³ Both FIFs and research institutes can conclude insurance for their staff in order to cover their financial risk. They may charge the expenses to their employees to the extent that they are covered by private insurance.

⁴ In order to assess fitness for work, an examination by the Medical Officer may be ordered.

(art. 29 LPers)

¹ In case of incapacity for work as a result of sickness or accident and up to the recovery of working capacity, the salary shall be kept to the maximum for 730 days.

² Trainees and assistants employed on a fixed-term contract of six months or less are entitled to hold their salary maximum until the expiry of their contract of employment.

³ Relapses are counted in the duration of the salary maintenance period if the employee has not provided full service for an uninterrupted period of at least six months after the employee has recovered his or her work capacity. Work stoppages less than six months apart shall be accumulated and counted in the period of maintenance of the salary referred to in para. 1.

⁴ A partial incapacity for work does not extend the right to wage maintenance.

(art. 29, para. 1, LPers)

¹ In the case of maternity, female workers are entitled to full pay for four months.

² Upon request, the worker may be released from her work at the earliest one month before the expected date of delivery.

³ In agreement with the competent service, the collaborator can take half of her leave in the form of a reduction-freely chosen-of the degree of occupation fixed contractually. If the father of the child also works in the FIF field, parents can share this reduction in working time at their own convenience.

⁴ The reception of children up to the age of six or children with disabilities for adoption gives the right to a fully paid leave of two months. L' al. 3 shall apply mutatis mutandis.

(art. 29, para. 1, LPers)

¹ Persons subject to military service, civil protection and civil service are entitled to full pay for the duration of their absence.

² In the case of voluntary service, the salary may be paid up to a maximum of 10 working days per year.

³ Benefits for loss of gain under the Act and paid for benefits referred to in s. 1 and 2 return to both FIFs and research institutes.

⁴ Social allowances are paid without reduction.

(art. 29, para. 1, LPers)

¹ Invalidity resulting from a professional accident or occupational disease equated with a professional accident shall entite: ¹

A.

100 % of the salary in case of incapacity for total gain, up to death;

B.

The share corresponding to the degree of disability in accordance with the Federal Act of 20 March 1981 on accident insurance ² In case of incapacity for partial gain.

² ... ³

³ Insurance benefits are charged

(art. 32 J , para. 2, LPers)

An employee is entitled to a professional disability benefit in accordance with the BPR 1 ² :

A.

He has reached the age of 50;

B.

If the medical service finds, at the request of the competent authority under Art. 2, that, for reasons of health, the collaborator is unable to exercise or may exercise only in part the activity which he held up to then or any other activity which could reasonably be required of him;

C.

If a decision of the competent AI Office excludes the right to an annuity or provides for only a partial pension to be entered into force, and

D.

Whether the rehabilitation measures under s. 47 A Did not have any effect, without the employee's fault.

(art. 29, para. 2, LPers)

¹ In the event of death of an employee, survivors are entitled to one-sixth of the annual salary.

² The person with whom the deceased collaborator has formed an uninterrupted life community for the last five years of his life is assimilated to the survivors.

³ The same rule applies to the payment of the allowance for assistance to relatives referred to in s. 41 B .

(art. 31, para. 1-3, LPers)

¹ The family allowance is paid up to the end of the month in which the child reaches the age of sixteen.

² For children undergoing training, they are paid up to the end of the month in which the child reaches the age of 25.

³ For children with a earning capacity (art. 7 of the 6 Oct LF. 2000 on the general part of social insurance law ² ), it shall be paid up to the end of the month in which the child reaches the age of 20.

⁴ The family allowance is adapted to the increase.

(art. 31, para. 1-3, LPers)

¹ The competent authority under s. 2 provides employees with allowances to supplement the family allowance if the allowance is less than the following annual amounts:

A.

4435 francs for the first child eligible for the allowances;

B.

2864 francs for any additional child eligible for allowances;

C.

3237 for any additional child eligible for allowances that have reached the age of 16 years and who are undergoing training or incapacity for gain. ²

² The amount of allowances that supplement the family allowance is the difference between the threshold amount shown in para. 1 and the minimum amount set out in the Family Allowances Act of 24 March 2006 (LAFam) ³ . Are taken into account as family allowances:

A.

Family allowances received for the same child by other persons under the AFMA;

B.

Family allowances, child allowances, vocational training allowances or allowances for assistance received for the same child by the employee or by other persons from another employer or other employer Competent service.

³ Collaborators whose participation rate is less than 50 % or who do not receive the minimum wage for children's allowances (art. 13, para. 3, LAFam) do not receive allowances to supplement the family allowance.

⁴ Allowances complementing the family allowance are adapted to the increase.

(art. 31, para. 1-3, LPers)

¹ The competent authority under s. 2 may pay half of the amount of the allowance referred to in s. 41 A , para. 1, let. A, employees whose spouse or registered partner is permanently prevented from engaging in a gainful occupation due to serious illness.

² The allowance for assistance to close relatives is adapted to the increase.

(art. 32 G , para. 5, LPers)

¹ In accordance with the provisions of the LPers and the Act of 20 December 2006 on PUBLICA ² In the field of professional foresight, employees in the field of EPF are insured with PUBLICA.

² The salary and wages referred to in s. 26, 27, 29, 31 and 35 are the determining salary and are insured with PUBLICA under the regulatory provisions.

³ The competent authority under s. 2 may participate in the regulatory buyback if, in a new undertaking, the foresight seems inadequate in view of the importance of the function and the qualifications of the person to be hired.

⁴ For the remainder, the provisions of the BPR 1 ³ Are applicable.

(art. 32 K , para. 2, LPers)

¹ If a person receives a full transition annuity or a transitional semi-annuity in accordance with the BPR 1 ² , the employer pays part of the costs of financing the transitional pension actually collected. The amount of the employer's participation is set out in Schedule 5.

² There is no entitlement to the employer's participation if the duration of the work reports immediately preceding the retirement age is less than 5 years.

(art. 18, para. 1, LPers)

¹ The competent services equip employees, apprentices and trainees in protective clothing and equipment.

² In agreement with the competent services, employees can use their own tools, materials and clothing. Compensation may be agreed upon for this purpose.

³ In accordance with the relevant services, the work can be provided at home. Infrastructure costs are reimbursed.

(art. 18, para. 2, LPers)

¹ The employees are entitled to reimbursement of the costs incurred in the exercise of their profession.

² The FPR Council develops guidelines for the reimbursement of meal, accommodation, transportation, reception and other expenses.

³ As regards the reimbursement of costs, the applicable criteria are adequacy, economic will, time invested and respect for the environment.

(art. 32, let. B, LPers)

¹ At the end of 10 ^E And the 15 ^E Year of commitment, a fidelity premium is granted in the form of two weeks of extra paid vacation or half a month's salary. At the end of 20 ^E Year of commitment, and then after each five-year commitment period, a fidelity premium corresponding to four weeks of paid vacation or one month's salary is granted.

² In the case of an indefinite employment relationship, a fidelity premium in the form of a paid holiday week is offered after 5 ^E Year of commitment.

³ These paid vacations must be taken within five years, after which the right is extinguished. ¹

(art. 32, let. E and g, LPers)

In order to retain their attractiveness in the labour market, the two FIFs and research institutes may offer specific benefits, including:

A.

Offers for the care of children in addition to that carried out by the family;

B.

The operation of staff restaurants, refreshments and other facilities that help maintain the level of benefits;

C.

Reductions in certain products or benefits.

Both FIFs and research institutes guarantee the benefits of a medical service for medical examinations and measures in the field of occupational medicine.

(art. 4, para. 2, let. G, LPers)

If an employee is prevented from working because of illness or accident, the competent authority under s. 2 implements all relevant and reasonable means for reintegrating into the world of work (rehabilitation measures). It uses specialized services to conduct its reviews.

(art. 18, para. 2, LPers)

¹ The Conseil des EPF, the two EPF and the research institutes reimburse the costs of procedure and judicial costs to the employees involved in civil, administrative or criminal proceedings because of the exercise of their activity Professional:

A.

Whether the FIF domain has an interest in the trial taking place, or

B.

If the employees have not been charged with serious negligence or intentional acts.

² As long as the decision has not been made, only a fee guarantee is provided.

(art. 19, para. 3 and 5, LPers)

¹ Employees who have been made redundant without the fault of their own will receive compensation if one of the following conditions is met:

A.

Working relationships with an employer within the meaning of s. 3 LPers lasted at least 20 years, without interruption;

B.

The employee is over 50 years of age;

C.

The employee works in a low or non-existent occupation;

² Compensation may be paid in the event of termination of work reports by mutual agreement.

³ The allowance is at least one month and a maximum of one year's salary.

⁴ In particular, the calculation of compensation to be paid shall take into account:

A.

The reasons for the departure;

B.

Age;

C.

The professional and personal situation;

D.

The duration of the working reports.

⁵ No compensation shall be paid if the employee is re-employed by another employer within the meaning of s. 3 LPers at the end of the working reports. Art. 34 C , para. 2, LPers is reserved.

⁶ Employees rehired by an employer within the meaning of s. 3 LPers within one year must reimburse the allowance on a pro-rata basis.

⁷ The compensation paid to other members of the EPF Directorates or research institutions in the event of termination of employment reports without the fault of their share or termination of a mutual agreement shall be governed by Art. 7, para. 4, of the Ordinance of 19 November 2003 on the field of FIF ² .

The usual holidays at the place of duty are non-working days.

(art. 17 LPers)

¹ Employees are entitled to five weeks of vacation per calendar year.

² The right to vacation is extended to six weeks in the year the employee reaches the age of 50.

³ Young people under the age of 20 are entitled to six weeks of vacation.

⁴ The hierarchical superiors shall fix the date of the holiday by mutual agreement with their collaborators, taking into account the needs of the service.

⁵ In principle, the right to vacation must be exercised during the calendar year in which it arises. Provided that the interests of the service are taken into account and with the agreement of the hierarchical superior, derogations are permitted.

⁶ Vacations that have not been taken can be settled in cash only after the end of the working relationship.

⁷ In the event of absence due to military service, civil protection, civil service, accident or sickness in excess of a total of three months in a calendar year, the annual holiday entitlement shall be reduced by ¹ / ₁₂ For each additional month of complete absence. In the case of prolonged absence due to illness or accident, the annual holiday entitlement shall be reduced from the second calendar year to ¹ / ₁₂ For each additional month of complete absence. In the case of leave without pay, the right to vacation is reduced by the second month. ¹

⁸ For part-time jobs, the right to vacation is reduced in proportion to the degree of occupation.

(art. 17 and 17 A, Al. 4, LPers) ¹

¹ Employees may, on reasoned request, take leave with pay, partly paid or unpaid, in certain cases, provided that this does not jeopardise the proper conduct of the work in an intolerable manner. Paid working time depends on the degree of occupation.

² Any employee can count as working time:

³ Foreseeable absences shall be regarded as working time only if the activities in question cannot take place during leisure or in the context of flexible working hours. These include visits to the doctor, therapy and summons by an administrative service for a non-private matter.

⁴ No leave with pay is granted for the Private Business Regulation.

⁵ ... ⁹

(art. 17 and 31, para. 5, LPers)

¹ Unpaid or partially paid leave may be granted on condition that they do not jeopardize the proper conduct of the work. They shall not normally exceed one year.

² In the case of leave without pay or partly paid, the foresight cover shall remain unchanged for one month.

³ The competent authority under s. 2, where an employee is granted leave without pay or partially paid for more than one month, shall agree with him, before the commencement of the leave, whether or not to maintain the insurance and the obligation to contribute from the second month of leave and, The terms and conditions of such maintenance.

⁴ Where the competent authority under s. 2 no longer pays the employer's contributions or the risk premium from the second month of leave, she announces the leave to PUBLICA. The employee can maintain the insurance coverage he had so far by paying, in addition to his own savings contribution, the employer's contribution and the risk premium, or limit insurance to cover the risk of death and Of disability.

⁵ Contributions due by the employee during his or her leave are deducted from his or her salary as soon as the work is resumed.

¹ Both FIFs and research institutes ensure compliance with the provisions of the Federal Law of 19 June 1992 on Data Protection (LPD) ¹ And the Order of 14 June 1993 on the Federal Data Protection Act (OLPD) ² .

² They determine for their field the services responsible for the treatment:

A.

General personnel files;

B.

Personality profiles (art. 3, let. D, HPA);

C.

Data on social measures;

D.

Data on action related to prosecution;

E.

Data on criminal measures;

F.

Data on administrative measures.

³ Prior to the introduction or modification of a system or file, employees or staff associations representing them are consulted.

⁴ Both FIFs and research institutes are required to report all their files, before they are made public, to the Federal Data Protection and Transparency Prelay ³ For registration (art. 11 HPA, s. 3 OLPD).

¹ In accordance with Art. 59, para. 2, let. C to f, only data essential for the proper functioning of the institution may be processed.

² Personality profiles can only be processed if the development of staff requires it and the persons concerned have consented to it in writing.

³ In addition to the data set out in Art. 59, para. 2, let. B to f, sensitive personal data may be treated exceptionally if the development of staff requires it and the persons concerned have consented to it in writing.

⁴ The data shall be accessible only to the competent service according to Art. 59, para. 2. Manual files must be kept key.

⁵ The following deadlines are applicable for data retention:

A.

For general personnel files: ten years after the completion of the work reports;

B.

For auxiliary personnel files: two years after the completion of the work reports;

C.

For data relating to social, administrative or criminal measures, as well as prosecution measures: five years after the implementation of the measures;

D.

For personality profiles: five years after the statement of data, unless the person concerned has consented in writing to a longer retention period.

⁶ After expiry of the retention period, s. 21 and 22 LPD ¹ Must be applied. In certain specific cases, the EFP Council may, at the request of the relevant department, extend the time limits set out in para. 5.

⁷ Both FIFs and research institutes address specific cases for their staff. They set security measures for electronic files. With the exception of sensitive personal data according to Art. 3, let. C, LPD, and personality profiles under s. 3, let. D, LPD, access to data by appeal procedure may be considered for:

A.

Old-age and survivors insurance clearing house: data needed to update individual staff accounts;

B. ²

...

C.

The Pension Fund: data necessary for updating individual staff accounts;

D.

Swiss Post: data necessary for the payment of staff salaries.

¹ The medical record contains the undertaking questionnaire, medical reports and certificates, as well as the appraisals of the medical service which are necessary for the assessment of the employee's suitability at the time of the undertaking, and thereafter Working reports. The medical file shall be kept with the medical service in accordance with Art. 47.

² The medical record is manually made. Some data, such as employee name and diagnosis, can be processed in an automated way for billing or statistical purposes.

³ The automated medical data processing system must remain a closed system; it must not be linked to any other electronic data processing system.

⁴ Only the assessment of the medical service is communicated to the staff. The contents of the medical file shall be communicated to the staff or to third parties only if the employee has given prior consent. If the employee does not consent, the authorization to disclose health data is the responsibility of the EFP Council.

(art. 35, para. 1, LPers)

¹ The internal appeal body against the first instance decisions rendered by FIFs and research institutions is the EPF's Internal Appeals Board.

² The decisions of the EPF Board and the EPF Internal Appeals Board may be appealed to the Federal Administrative Tribunal. ²

(art. 34 LPers)

The limitation periods for claims arising from the work reports are based on s. 127 and 128 of the Code of Obligations ¹ .

Are repealed:

1.

The Order of February 25, 1987 on special service reports in federal polytechnics schools and their related institutions ¹ ;

2.

The Ordinance of 23 January 1991 on EPF assistants ² ;

3.

The regulation of 14 November 1969 concerning the involvement of assistants in federal polytechnics ³ ;

4.

The order of 31 March 1993 on the appointment of agents in the field of FIF ⁴ ;

5. ⁵

The order of 19 September 2002 on the insurance of employees in the field of EPF in the Federal Pension Fund PUBLICA ⁶ .

... ¹

This order shall enter into force on 1 ^Er January 2002.