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RS 412.106.1 Order of 14 September 2005 on the Federal Institute of Advanced Vocational Training (IFFP Ordinance)

Original Language Title: RS 412.106.1 Ordonnance du 14 septembre 2005 sur l’Institut fédéral des hautes études en formation professionnelle (Ordonnance sur l’IFFP)

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412.106.1

Federal Institute of Advanced Vocational Training Ordinance

(IFFP Ordinance)

14 September 2005 (State 1 Er March 2016)

The Swiss Federal Council,

See art. 48, para. 4 of the Federal Act of 13 December 2002 on vocational training (LFPr) 1 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose

This order regulates the activities, organisation and financing of the Federal Institute for Advanced Vocational Training (institute).

Art. 2 1 Institute of Advanced Studies

1 The Institute is a public law institution with its own legal personality.

2 It is autonomous in its organisation, provided that no provisions to the contrary are provided for in this order.

3 He keeps his own accounts.

4 It is managed according to the principles of the enterprise economy.

5 It has its headquarters in Berne and is registered in the Register of Commerce.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 3 General Tasks and Conditions

1 The Institute is the centre of competence of the Confederation for teaching and research in the fields of vocational training, vocational education and professional development.

2 It offers services through its three regional institutes in French-speaking Switzerland, Alemannic Switzerland and Italian Switzerland.

Art. 4 Cooperation

The Institute collaborates with the high schools in Switzerland and abroad, with the State Secretariat for Training, Research and Innovation 1 As well as with other authorities, institutions and organisations active in vocational training.


1 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on official publications ( RO 2004 4937 ). This mod has been taken into account. Throughout the text.

Art. 5 1

1 Repealed by c. I of the O of 27 Jan 2016, with effect from 1 Er March 2016 ( RO 2016 575 ).

Chapter 2 Training offerings

Art. 6 Subsidiaries of studies sanctioned by a diploma

1 The institute offers courses of study attested by a diploma to students with a high school diploma or a diploma obtained at the end of a higher vocational training referred to in chap. 3 of FPr.

2 A diploma-sanctioned course of study consists of 1800 hours of work, which corresponds to 60 credits according to art. 2 of the Bologna HES and HEP directives of 28 May 2015 1 . 2

3 Depending on the course of study, the diplomas give the holder the right to carry one of the following titles:

A.
A teacher of graduate vocational training;
B.
A qualified teacher for vocational maturing in vocational schools;
C.
Graduate school teacher. 3

1 RS 414.205.4
2 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).
3 Introduced by ch. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 7 Master Filière

1 The institute offers a master's course to students with a high school diploma.

2 The master stream is equivalent to a number of ECTS credits between 90 and 120 according to the Bologna directives of 4 December 2003 1 The diploma gives the holder the right to carry the title of "Master of Science in vocational training".

3 ... 2


1 RS 414.205.1
2 Repealed by c. I of the O of 27 Jan 2016, with effect from 1 Er March 2016 ( RO 2016 575 ).

Art. 8 Other training and continuing education offers

The Board of the Institute shall rule the other offers of training, the offers of continuing education and the names of the titles awarded.

Art. 1 Training Offerings Regulations

The Board of the Institute shall establish regulations governing studies, control of benefits and examinations.


Chapter 3 2 Organization

Section 1 Bodies

Art. 10

The Institute shall comprise the following bodies:

A.
The IFFP; and
B.
The leadership of the Institute;
C.
The review body.

Section 2 IFFP Council

Art. 11 Status, Appointment, Revocation and Contractual Conditions

1 The Board of IFFP is the supreme governing body.

2 It consists of seven to nine members who are experts.

3 The Federal Council appoints the members for a maximum period of four years. The term of office of members shall be limited to twelve years in total. It shall terminate at the end of the corresponding calendar year.

4 The Federal Council appoints the President.

5 It sets out the fees paid to the members of the IFFP Council and the other contractual conditions with their appointment. The contract with IFFP is governed by public law; the provisions of the code of obligations 1 Also apply by analogy.

6 It may, at any time, remove members for major reasons.


1 RS 220

Art. 11 A Obligations

1 The members of the IFFP Council shall carry out their duties with due care and faithfully ensure the interests of the Institute.

2 They are required to keep secrecy for the duration of their term of office within the IFFP Council and beyond.

Art. 11 B Interest Links

1 Any person applying to be appointed to the IFFP Council must declare his or her interest to the Federal Council.

2 The members of the IFFP Council shall forthwith communicate to the IFFP Council any change affecting their interests.

3 The IFFP Council shall take the necessary measures to protect the interests of the Institute and to prevent conflicts of interest. It shall report on the communications referred to in para. 2 as part of the management report.

4 If a link of interest is incompatible with the membership of the IFFP Council and the member maintains its interests, the Federal Department of Economics, Training and Research (DEFR) requests its dismissal.

Art. 11 C Tasks

1 The IFFP Council is responsible for the following tasks:

A.
It ensures the implementation of the strategic objectives of the Federal Council and provides an annual report to the Federal Council on their implementation;
B.
Enacts the rules of procedure and the internal rules;
C.
Enacts the order on IFFP staff after consultation with the social partners, as well as the order on emoluments, and submits them to the Federal Council for approval;
D.
It represents the Institute with the DEFR, the cantons and the organisations of the world of work;
E.
It shall, where appropriate, release the members of the IFFP Council, the management of the institute, the staff and the authorised third parties of the obligation to keep the secret;
F.
It operates a personnel information system;
G.
Concludes the contract of affiliation with the Federal Pension Fund (PUBLICA) and submits it to the Federal Council for approval;
H.
It regulates the composition, election and organisation of the joint body of the Provident Fund;
I.
It is competent to conclude, modify and rescind the working relationship with the Director of the Institute; the conclusion and termination of these working reports requires the approval of the Federal Council;
J.
It decides, on the proposal of the Director of the Institute, the conclusion, modification and termination of the working relationship with the other members of the institute's management;
K.
It approves the proposal of the Director of the Institute for the selection of the Alternate Director;
L.
It is competent to conclude, modify and terminate the working relationship with the staff of its secretariat;
M.
Monitoring the direction of the institute;
N.
Establishing an internal control system and a risk management system adapted to the institution;
O.
Determining the use of reserves as part of the guidelines of the Federal Council;
P.
Approves the budget and requests, in accordance with s. 24, para. 1, as part of the message relating to training, research and innovation, the financial contribution referred to in Art. 29, para. 1, let. A;
Q.
It establishes and adopts each year a management report and submits the final version to the Federal Council for approval; it shall propose to it simultaneously to grant it discharge and submit a proposal on the use of a possible benefit; Publishes the management report after its approval by the Federal Council;
R.
It establishes and signs with the social partners a possible social plan within the meaning of Art. 31, para. 4, of the Act of 24 March 2000 on the Personnel of the Confederation (LPers) 1 ;
S.
Performing the other duties referred to in s. 8, 9, 15 B , 16 A And 34.

2 It may delegate to the Director of the Institute, in its organisational rules, the tasks of the management of the institute referred to in Art. 12 A , let. C, d, f and g. It may also delegate to the Director other tasks of the institute's management, insofar as this is necessary to ensure the integration of the institute within the Swiss high schools area.


Section 3 Institute Branch

Art. 12 Status, composition and presidency

1 The management of the institute is the operational body.

2 It is made up of the Director of the Institute and the national sector leaders.

3 The Director chairs the Institute and leads the Institute.

Art. 12 A Tasks

The leadership of the Institute performs the following tasks:

A.
Leads the business;
B.
Coordinates the offers and benefits of the institute in accordance with the FPr, the strategy defined by the Federal Council for the Institute, and the guidelines of the IFFP;
C.
Makes decisions in accordance with the regulations governing the organization of the IFPP Board;
D.
Developing the decision-making bases of the IFPP board;
E.
Regularly submits a report to the IFFP Council and immediately informs it in the event of a specific event;
F.
It represents the institute vis-a-vis the outside, subject to the responsibility of the IFFP Council under s. 11 C , para. 1, let. D;
G.
It decides on the conclusion, modification and termination of the working relationship with the staff of the Institute, subject to the responsibility of the IFFP Council under s. 11 C , para. 1, let. H to k;
H.
It meets the social partners at least once a year; it consults them before the adoption of provisions on personnel policy;
I.
It performs all the tasks that this Order does not assign to any other body.

Section 4 Review body

Art. 13

1 The Federal Council appoints the review body.

2 The provisions of the law of public limited-liability companies relating to the ordinary revision shall apply mutatis mutandis to the review body and to the revision.

3 The review body shall check the annual accounts and the information contained in the report on the state of the situation concerning risk management and possible contradictions in staff reporting.

4 It provides a detailed report to the IFFP Council and the Federal Council on the outcome of its review.

5 The Federal Council may have specific facts checked by the review body.

6 It may revoke the review body.

Chapter 4 3 Institute-affiliated person groups

Section 1 Term and organs

Art. 14

1 The groups of persons affiliated with the Institute are:

A.
Members of the institute's management;
B.
Scientific staff;
C.
Administrative staff and technical staff;
D.
Students within the meaning of s. 15 C , para. 1.

2 The participation of affiliated groups in the Institute is carried out by the staff meeting and the regional student councils.

Section 2 Staff Assembly

Art. 15 Election

1 The Staff Assembly shall be composed as follows:

A.
A representative of the institute's management;
B.
Six scientific staff representatives;
C.
Two administrative and technical staff representatives.

2 Each group referred to in para. 1 elects its representatives.

3 The groups work together to ensure equitable representation of linguistic, functional and gender regions.

Art. 15 A Organization

1 The meeting of staff shall meet at least once a year.

2 It establishes a staff committee. It is made up of five representatives of the staff assembly according to Art. 15, para. 1, let b and c. In the composition of the Staff Committee, the Staff Assembly shall ensure a fair representation of the linguistic, functional and gender regions.

Art. 15 B Right to be heard, competences and obligations

1 Prior to the adoption of important decisions, Institute management consults with the staff meeting. It may also be heard by the IFFP Council when important decisions have to be taken.

2 The Personnel Commission shall be consulted before any important decision by the IFFP Council and the staff policy direction of the Institute. In personnel matters, the Personnel Commission is obliged to guarantee the protection of the personality.

3 The Staff Assembly and the Staff Committee shall submit in writing, within two months, their positions according to paras. 1 and 2.

4 They may, at any time, submit to the IFFP Council or the Institute leadership positions regarding processes, decisions or matters that are important to the Institute or that are relevant to personnel policy.

Section 3 Students and student councils

Art. 15 C

1 The students of the institute are:

A.
Master's (M Sc) students;
B.
Students in the fields of study sanctioned by a diploma;
C.
Students in a certificate-sanctioned study stream;
D.
Students from further training.

2 Each regional institute has a student council, in which the students exercise their rights of participation.

3 A student council shall consist of at least one delegate from each group of students referred to in para. 1 which is represented in the relevant regional institute. Elected persons may remain members of the student council for up to two years after the completion of their studies.

4 Each student group elects its delegates.

5 The student councils are consulted by the institute's management on matters of interest to them.

Chapter 4 A Working reports, occupational foresight, law on intangible property 4

Art. 16 1 Confederation Personnel Act

1 Institute management and the rest of staff are subject to the NWPA 2 The Institute shall be an employer in accordance with Art. 3, para. 2, LPers.

2 The IFFP Council regulates in the Staff Ordinance such as salary and ancillary benefits, time and place of work, and staff development.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).
2 RS 172.220.1

Art. 16 A 1 Pay functions and classes

1 The IFFP Council defines the functions within the Institute and sets the salary classes within the framework of Art. 36 of the Order of 3 July 2001 on the personnel of the Confederation (OPers) 2 .

2 It may delegate this competence to the management of the institute for all employees except for the functions and salary classes of the members of the management and with the exception of the function of the teachers.

3 The function of director is assigned to salary class 33 as per s. 36 OPers.


1 Introduced by ch. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).
2 RS 172.220.111.3

Art. 17 Mobility of scientific personnel

The Institute encourages the mobility of scientific staff through appropriate personnel policy and wage policy.

Art. 18 1 Professional foresight

1 Staff with working relationships with the Institute shall be provided with PUBLICA in accordance with the provisions of Art. 32 A To 32 M LPers 2 .

2 The Institute is an employer within the meaning of s. 32 B , para. 2, LPers.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).
2 RS 172.220.1

Art. 18 A 1

1 Introduced by ch. 4 of the Annex to the O of 2 May 2007 on the Joint Body of the Provident Fund of the Confederation ( RO 2007 2235 ). Repealed by c. I of the O of 27 Jan 2016, with effect from 1 Er March 2016 (RO 2016 575).

Art. 19 Rights in intangible property

1 With the exception of authors' rights, all rights in intangible property created by persons having working relations with the Institute, by persons in the performance of their activities in the service of the Institute or in respect of him or her Contractual obligations, return to the Institute.

2 The Institute shall have exclusive rights to use the software created by persons having working relations with him, persons in the performance of their activities at the service of the Institute or fulfilling for him obligations Contract. The Institute may agree by contract with the right holders to be granted copyright in the other categories of works.

3 Persons who have created immaterial goods within the meaning of paras. 1 and 2 are entitled to appropriate participation in the possible benefit of their exploitation.

Art. To 23 1

1 Repealed by c. I of the O of 27 Jan 2016, with effect from 1 Er March 2016 ( RO 2016 575 ).

Chapter 5 Safeguarding the Interests of Confederation

Art. 24 1 Monitoring

1 The institute is under the supervision of the Federal Council. It maintains relations with the Federal Council through DEFR 2 .

2 The Federal Council carries out its monitoring function, in particular by:

A.
The appointment and removal of members of the IFFP and its Chairperson;
B.
Approval of the conclusion and termination of the working relationship with the Director of the Institute;
C.
The appointment and revocation of the review body;
D.
The approval of the Personnel Ordinance, the Fees Order and the affiliation agreement with PUBLICA;
E.
The approval of the management report and the decision on the use of a possible benefit;
F.
The establishment of strategic objectives and the annual review of their achievement;
G.
Granting discharge to the IFFP Council. 3

3 It may consult all documents relating to the activity of the Institute at any time and request information on this subject. 4


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 5933 ).
2 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on official publications ( RO 2004 4937 ). This mod has been taken into account. Throughout the text.
3 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).
4 Introduced by ch. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 25 1 Strategic Objectives

1 The Federal Council sets the strategic objectives of the Institute for four years in the context of the objectives and tasks of the Institute.

2 The DEFR consults the Institute before submitting a proposal to the Federal Council.

3 The Federal Council determines the planning and the nature of the strategic objectives according to the expenditure ceiling set by the Confederation.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 26 1 Management Report

1 The management report shall consist of the annual accounts and the report on the situation.

2 The annual accounts (individual closure) consist of the balance sheet, the profit and loss account and the annex.

3 The status report includes information on risk management and staff development.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 26 A 1 Federal Commission on Vocational Training

1 DEFR may bring to the attention of the Federal Commission for Vocational Training the documents in connection with the development of the strategic objectives of the Institute, as well as those linked to the drafting of the management report.

2 The Federal Commission on Vocational Training may draw up opinions on these documents for the Federal Council.


1 Introduced by ch. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 27 Statistical Data

The Institute shall provide the DEFR or the services designated by the latter all the documents and data necessary for the implementation of the Act of 9 October 1992 on Federal Statistics 1 .


Art. 28 1

1 Repealed by c. I of the O of 27 Jan 2016, with effect from 1 Er March 2016 ( RO 2016 575 ).

Chapter 6 Finance and emoluments

Art. Types of Financing

1 The Institute finances its activities in particular by:

A.
The financial contribution of the Confederation;
B.
Emoluments;
C.
Revenues generated through collaboration with third parties;
D.
Other resources.

2 The financial contribution made by the Confederation enables the Institute to fulfil its benefit mandate. It must take appropriate account of the Institute's possibilities for self-financing.

3 The Federal Council requests that Parliament grant a ceiling of expenditure for the duration of the benefit mandate.

4 For its part, the Institute is actively seeking third-party revenues and funds.

Art. Treasury

1 In order to ensure the solvency of the institute in the performance of its tasks, the Confederation granted it loans at market interest rates.

2 The Institute places the excess amounts with the Confederation. Funds that do not come from the federal grant are paid at market interest rates. 1

3 The details are settled by an agreement between the Institute and the Confederation.


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 5933 ).

Art. Establishing accounts

1 The accounts of the Institute shall provide full information on the heritage, financial situation and financial results of the Institute.

2 It shall be governed by the general principles of importance, intelligibility, continuity and gross product and shall be in accordance with the standards of the establishment of the accounts set out in the Act of 6 October 1989 on the finances of the Confederation 1 .

3 The Institute shall establish the operating accounts in order to detail the expenses and income of the various services. It must refrain from subsidizing one commercial benefit by another. 2


1 [RO 1990 985, 1995 836 hp. II, 1996 3042, 1997 2022 Annex c. 2 2465 appendix c. 11, 1998 1202 art. 7 ch. 3 2847 annex, c. 5, 1999 3131, 2000 273 Annex, c. 7, 2001 707 art. 31 ch. 2, 2002 2471, 2003 535 3543 Annex c. II 7 4265 5191, 2004 1633 hp. I 6 1985 Annex c. II 3 2143. RO 2006 1275 art. 64]. See currently the Act of 7 October. 2005 (RS 611.0 ).
2 Introduced by ch. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 32 1 Profit and reserves

1 The Institute may be reserves. It may affect the reserves of resources according to art. 29, para. 1, let. D.

2 Reserves may not exceed 10 % of the annual budget. Resources are not included.

3 Reserves are used to offset losses and to finance planned projects and investments.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Art. 33 Emoluments

1 The Institute shall collect emoluments for the benefits it provides.

2 The IFFP Council may, in the order on emoluments, exempt from the emoluments system the continuing education and training: 1

A.
Which are important for the piloting of vocational training;
B.
That are carried out for the purpose of carrying on a public interest activity.

3 The Board of the Institute is responsible for:

A.
Set the tariffs in the Fees Regulations, subject to approval by the Federal Council;
B.
Determine in the Regulation on emoluments the cases in which the fee for fees should be waived, subject to the approval of the Federal Council. This applies in particular to the fees for studies relating to the sectors mentioned in Art. 6 and 8.

4 For the rest, the provisions of the General Order of 8 September 2004 on emoluments (OGEmol) 2 Are applicable.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).
2 RS 172.041.1

Art. 33 A 1 Property-funds

1 The Confederation rented the premises in Zollikofen used by the Institute.

2 Land remains the property of Confederation. They are maintained by her.

3 The Confederation charges the establishment an appropriate amount for the rental of the land.

4 The constitution and the terms of the lease are governed by a contract of public law established between the Confederation and the Institute.


1 Introduced by ch. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).

Chapter 7 Disciplinary law

Art. 34 1

1 Disciplinary measures against students include the following measures:

A.
Warning;
B.
Warning with threat of exclusion from events, courses and examinations;
C.
Exclusion of events, courses and examinations.

2 The disciplinary measures referred to in para. 1, let. A, are pronounced by the management of the Institute, those referred to in the let. B are delivered by the Chairman of the IFFP Council, and those referred to in the letter. C are delivered by the IFFP Council.

3 The Federal Act of 20 December 1968 on Administrative Procedure 2 Applies.


1 New content according to the c. I of the O of 27 January 2016, in force since 1 Er March 2016 ( RO 2016 575 ).
2 RS 172.021

Chapter 8 Final provisions

Section 1 Repeal and amendment of the law in force

Art. 35 Repeal of the law in force

The order of 7 September 1983 concerning the Swiss Institute of Education for Vocational Training 1 Is repealed.


1 [RO 1983 1251, 1993 879 Annex 3 c. 6, 1998 1822 art. 24 al. 1 let. B, 2001 979]

Art. 36 Amendment of the law in force

The amendment to the existing law is set out in the Annex.

Section 2 Transitional provisions

Art. Establishment of the Institute

1 The Institute shall have legal personality on the day of the entry into force of this Ordinance. It replaces the Swiss Institute of Education for Vocational Training (ISPFP).

2 In obtaining legal personality, he takes over the assets and liabilities, duties and obligations of the ISPFP. The transfer, as well as the required entries, are exempt from tax and emolument.

3 DEFR takes the following measures:

A.
It endorses the inventory of assets, liabilities, rights and obligations, as well as the obligations, conditions and easements that are obligatorily related to them;
B.
Preparing the approval by the Federal Council of the opening balance sheet of the institute;
C.
It takes all other measures required by the transfer.
Art. 38 Transferring work reports

1 The staff working reports of the ISPFA shall be transferred to the Institute upon the entry into force of this order. The appointment of the Director referred to in s. 10, para. 2.

2 Any deficits in the pension fund are covered by the Institute.

Articles 39 to 41 1

1 Repealed by c. I of the O of 27 Jan 2016, with effect from 1 Er March 2016 ( RO 2016 575 ).

Section 3 Entry into force

Art.

1 Subject to paras. 2 and 3, this order shall enter into force on 1 Er January 2007.

2 The provisions of chap. 2 come into force on 1 Er October 2006. The ISPFP shall take the necessary measures, provided that the organs of the Institute referred to in para. 3 are not competent.

3 Art. 10 to 12 of this Order comes into force on September 30, 2005. The bodies of the Institute shall be authorised and authorised to make preparations for the establishment of the Institute.

Annex

(art. 36)

Amendment of the law in force

The following orders are amended as follows:

... 1


1 The mod. Can be viewed at RO 2005 4607 .


State 1 Er March 2016