Rs 812.215.4 Order Of 28 September 2001 On The Staff Of The Swiss Institute For Therapeutic Products

Original Language Title: RS 812.215.4 Ordonnance du 28 septembre 2001 sur le personnel de l’Institut suisse des produits thérapeutiques

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812.215.4 order on the staff of the Swiss Institute for therapeutic products of September 28, 2001 (Status January 1, 2016) the federal Council Swiss, view of art. 75, al. 2, of the Act of 15 December 2000 on therapeutic products (LPT), stop: Chapter 1 provisions general art. 1 scope this order applies to the staff of the Swiss Institute for therapeutic products (Institute).
By analogy, it also applies to persons authorized by the Institute, as well as auxiliary staff, training staff and students of the Institute, unless otherwise agreed.

Art. 2 principles governing the personnel of the Institute policy pursues a policy of personnel to ensure the recruitment and retention of competent employees. It employs personnel in proper, economic and socially responsible way.
Management implements the means necessary for its personnel policy, particularly with respect to the training and development of employees. It ensures the next generation staff and managers, by involving its own employees.
Management promotes equality between women and men within the Institute and law. She encourages multilingualism in its employees and ensure a fair representation of the linguistic communities within the Institute.
The Institute shall issue the necessary directives for the implementation of its personnel policy and periodically reports on the targets achieved before the Council of the Institute and the federal Department of the Interior.

Art. 3 applicable law the relevant provisions of the code of obligations shall apply by analogy, unless otherwise provided by this order, the regulations of the Institute or the employment contract.

RS 220 art. 4 commission of the staff the staff elects a personnel commission.
The Institute shall draw up regulations on the organisation of the commission.
The commission encourages collaboration between management and staff and strengthens the rights of participation of employees.
She is consulted on questions relating to staff, training and health, and can make suggestions.

Art. 5 staff associations the staff associations defending the interests of staff towards the Institute.
They are consulted before any changes to this order, as well as before the enactment or amendment of other regulations relevant to the staff of the Institute. The Institute committed to negotiations with the staff associations if they so request.
They are empowered to represent their members in individual cases concerning staff.

Chapter 2 start, duration and end of the employment relationship art. 6 start and skill work of public law reports are born of the conclusion of a contract in writing between the Institute and the employee.
The Council of the Institute applies the decision of the federal Council on the appointment of the Director. He urged other members of management, on the proposal of the Director or the Director.
Staff is hired by the Director, who may delegate all or part of this skill to his collaborators.

Art. 7 term work reports are concluded as a rule for an indefinite period.
Reports of work are deemed to be fixed-term when they are concluded for a period of up to three years. If they last more than three years, they are deemed to be indefinite. Renewed reports of fixed-term work are deemed to be indefinite after three years.

Art. 8 end the two parties may, by mutual agreement, put end in all time and writing work reports.
The working relationship ends without notice: a. at the ordinary age of retirement; b. upon the death of the employee; (c) on the expiry of the term of the contract. In special cases, the Institute may extend working relationships in accordance with the individual beyond the ordinary age of retirement, but up until the age of 70 years.

New content according to chapter I of O from 9 APR. 2008, in force since July 1. 2008 (2008 1919 RO).
Introduced by section I of O from 9 APR. 2008, in force since July 1. 2008 (2008 1919 RO).

Art. 9 trial period and termination during the trial period the first three months of work are deemed trial period. In justified cases, the trial period may be fixed or extended beyond three months, but not beyond six months.
During the trial period, the employment contract may be terminated at any time and in writing: a. for a period of leave of seven days during the first month; (b) for a period of thirty days from the second month leave.

Art. 10 termination after the trial period of employment of indefinite duration can be terminated in writing to the end of a month, for a period of three months.
For the Director and other members of management, the notice period is six months.
In cases justified, of the notice periods longer than the period provided for in para. 1, but not exceeding six months, can be agreed by contract for other functions.
The Institute may terminate a contract of employment only for reasons inherent to the personality of the employee or to the Organization of the Institute. He communicates in writing the reasons for the dismissal to the employee.

Introduced by no I 3 of the O of Nov. 25. 2015 on the waiting period, in effect since Jan. 1. 2016 (2015 5019 RO).
New content according to no I 3 of the O from 25 nov. 2015 on the waiting period, in effect since Jan. 1. 2016 (2015 5019 RO).

Art. 11 measures in cases of restructuring in the event of restructuring, the Institute makes every effort to reassign employees to other reasonable jobs.
If the dismissal is inevitable, the employee receives a payment when the working relationship lasted more than ten years or that it is at least 50 years old.
The allowance is equivalent to the minimum monthly salary, and maximum at an annual salary. It can be paid in cash or in the form of a contribution to the financing of measures to avoid unemployment. The Institute regulates the details.
To prevent the case of hardship, the Institute may also pay compensation within the meaning of para. 3 to people who do not meet the conditions set out in para. 2. in the event of collective redundancy, the Institute is developing a social plan of in agreement with the social partners.

Art. 12Prestations for early retirement following a restructuring if employees are put into retirement following a restructuring, they can receive a retirement pension from 55 years of age, according to para. 2 as well as a transitional pension financed entirely by the Institute in accordance with art. 61 of the regulations for employees and beneficiaries of pension of the Swissmedic pension (pension fund regulations).
The retirement pension as the disability pension are calculated according to art. 57 of the pension fund regulations.
The Institute transfers cover capital required for the financing of the pension age and the transitional pension to the Federal Pension Fund PUBLICA.

New content according to chapter I of O from 9 APR. 2008, in force since July 1. 2008 (2008 1919 RO).
Anschlussvertrag fur das Vorsorgewerk Swissmedic vom 7. Dez. 2007 (affiliate agreement for the pension of Swissmedic; in German only) art. 13 wrongful termination termination improper or unjustified, the party having received leave may appeal in writing to the party who served the leave, and until expiry of the period of notice.
The termination is deemed particularly abusive when she intervenes: a. for reasons inherent in the personality of the employee, unless these reasons don't have a connection with the employment relationship and do harm to the latter; b. due to the exercise of a constitutional right by the employee, unless the exercise of this right does not violate its obligations and not prejudice serious reports of work; c. where the employee carry a legal obligation , performs a military discretionary service in the Swiss Army, an optional service in civil protection or service for the Red Cross; d. without cause while the employee has a mandate of representation for a body internal or attached at the Institute; e. only to prevent the other party from asserting claims resulting from work reports; (f) because the other party argued in good faith of the claims arising from the employment relationship.

If, in the event of unfair dismissal, the parties are unable to agree, the dismissed employee may require an indemnity which the amount cannot exceed his annual salary by way of law.
Are for the possible damages due to another title.

Art. 14 termination at the inappropriate time termination is void if it occurs during a blackout period. If the leave was served before such a period, the cancellation period is suspended until the end of this period, then continues to run until the end of the month where it is due.
Is deemed to be period of leave:

a. in case of fulfillment of a legal obligation, a military voluntary service in the Swiss Army, an optional service in civil protection or service to the Red Cross: the period during which the employee is prevented from working, as well as the four weeks preceding and the four weeks following this service when it hard more than two working weeks; (b) unable to work resulting from a disease or accident without fault of the employee : a period of three months until the completion of the fifth year of service and six months thereafter; c. pregnancy: the duration and the sixteen weeks following childbirth; d. If you participate in an assistance service abroad with the agreement of the Institute: the duration of the impediment.

Art. 15 immediate termination both parties may at any time terminate of employment for good cause with immediate effect. The immediate termination must be substantiated in writing.
Is notably known as just cause all circumstances which, according to the rules of good faith, does not require the party who gave leave to continue the employment relationship.
Unjustified immediate termination of the employment relationship: a. by the Institute: it is required to pay the salary until the expiry of the normal period of notice; is reserved employee pulled another job or income to which he intentionally gave; b. by the employee: this is required to fully repair the damage suffered as a result of the termination, duly proven by the Institute.

In the event of unfair dismissal with immediate effect, the dismissed employee may require compensation which the amount cannot exceed his annual salary by way of law.
Are for the possible damages due to another title.

Chapter 3 rights of personnel Section 1 salary, allowances and social benefits art. 16 principles employees salary depends on service, experience and benefits. It consists of a basic salary and of individual elements of remuneration.
Individual compensation components consist of a dependent item benefits and an independent element of the benefits.
The base salary and the individual elements of remuneration can total more than 280 000 francs gross per year (State: January 2002). The gross salary minimum of a full-time employee, 18, who cannot justify completed vocational training, amounts to 38 000 francs per year (Status: January 2002).
The salary of the personnel training is fixed on the basis of the recommendations of the professional associations concerned and regional practice. The Institute cannot derogate for personnel in training.

Art. 17 the Institute base salary fixed in a regulation the base salary of the different functions according to a uniform evaluation procedure.
Exceptionally, it may assign a base salary that is higher in a given function if it gives rise to a significantly higher pay on the labour market.

Art. 18 component of compensation independent of benefits the independent compensation element of benefits is determined by the age of the employee.
It is adapted each year to a maximum of 15% of the basic salary.

Art. 19 item of compensation dependent on benefits the element of compensation dependent on benefits is determined by the delivery employee and the realization of the agreed objectives.
It is fixed annually on the basis of maintenance of assessment within the meaning of art. 26 and does not exceed 45% of the basic salary.
Any element of compensation dependent on the benefits granted once remains from the following year.

Art. 20 maintenance allowance the employee is entitled to a maintenance grant for each child under the control and with which he has a parent-child relationship. Includes children of the spouse and the children who are financially dependent on the employee.
For full-time employees, the allowance amounts to 3950 francs per year and per child (State: January 2002).
The allowance is paid until the child reached the age of 18 years of age. It is paid up to the age of 25 years of age for children in training.

Art. 21 premiums a loyalty premium is paid every five years to the employees of the Institute.
Performance bonuses may be paid individually or collectively as a reward for extraordinary services.
Premiums can be entirely or partially converted to paid leave.

Art. 22 compensation of the price increase on January 1 of each year, the management adapted to higher wages within the meaning of art. 16 and the allocation of maintenance within the meaning of art. 20 if the Institute is in a difficult financial situation, management can, given the economic situation and the evolution of salaries in the public sector and in the private sector, to forego offset inflation or don't compensate for it only partially. It can treat differently the salary classes.
Management consults with staff associations before ruling on compensation for inflation as well as any other possible wage measure.

Art. 23 continued pay incapacity incapacity for work due to illness or accident, the employees are entitled to payment of the last decisive salary and allowance of maintenance until recovery of capacity to work, but at up to 730 days.
The right to the salary can be reduced if the employee caused the illness or injury intentionally or by negligence, or that he is intentionally exposed to danger or extraordinary risk.
Persons subject to compulsory military service, serving mandatory civil protection or civilian service according to federal legislation, entitled the whole salary and allowance maintenance when they meet these legal obligations.
Workers have the right to a four-month paid maternity leave. This leave cannot begin until a month before childbirth. The rest of the leave must be taken immediately after childbirth.
Insurance benefits are attributed to the salary.

Art. 23aMesures in the event of incapacity for work in the event of incapacity for work due to illness or accident of the employee, the Institute research all relevant and reasonable solutions to reintegrate the person concerned in the work process.
The Institute appealed to appropriate for its research agencies.

Introduced by section I of O from 9 APR. 2008, in force since July 1. 2008 (2008 1919 RO).

Art. Professional 24prevoyance employees are insured in accordance with the provisions of the law of 20 December 2006 on publica and section 4 b of the Act of March 24, 2000, on the staff of the Confederation against the economic consequences of old age, disability and death.
The wage determinant for the insurance corresponds to the wage defined in art. 16 to 19 and the inflation compensation under art. 22. the maintenance allowances referred to in art. 20, premiums set out in art. 21 and the compensation provided for in art. 36 are not insured.

New content according to chapter I of O from 9 APR. 2008, in force since July 1. 2008 (2008 1919 RO).
RS 172.222.1 RS 172.220.1 art. Joint 24aOrgane of the Provident Fund the Institute regulates the composition, election procedure and the Organization of the joint body of his Provident Fund. In the case of the common professional associations, employers need to work together on their regulations.
Only can be elected as members of the joint body of competent persons and qualified for the exercise of their management task. To the extent possible, gender and official languages must be fairly represented.
Compensation paid to the members of the joint appeals body are set by the Board of the pension fund PUBLICA.

Introduced by section 2 of the annex to the O of 2 May 2007 on the joint body of the Provident Fund of the Confederation (RS 172.220.141).

Art. 24bRente transitional when an employee is granted all or half of a transitional pension, the Institute shall meet part of financing of the actually perceived transitional pension costs if the working relationship lasted for at least five years prior to retirement.
The employer's participation amounts: a. 50%, when determining the salary according to art. 24, al. 2, is less than 80 000 francs; b. 25%, when determining the salary according to art. 24, al. 2, is between 80 000 and 120 000; c. 10%, when determining the salary according to art. 24, al. 2, is superior to 120 000 francs.

Introduced by section I of O from 9 APR. 2008, in force since July 1. 2008 (2008 1919 RO).

Section 2 holiday and art appraisal interview 25 vacation, holidays and nonworking days employees entitled to five weeks of holidays per calendar year.
Employees aged 50 years and older and employees aged under 20 years are entitled to six weeks of holidays per calendar year.

Saturday and Sunday are nonworking days. Are also deemed nonworking days the day of the year, on 2 January, good Friday, Easter, Ascension, Whit Monday Monday, August 1, on 24, 25 and 26 December and 31 December.
The Institute regulates the granting of paid leave and unpaid leave, in particular the parental leave and other family-related leave.

Art. 26 an assessment interview assessment interview takes place at least once a year between managers and each of their employees.
The appraisal interview is intended to take stock of the work done, to encourage staff and evaluate its benefits; It must also allow the collaborator to pronounce on the way his Manager leads his unit.
Including door maintenance: a. definition of individual objectives and criteria to verify the achievement; b. working conditions; c. opportunities and skills development measures.

The employee benefits are evaluated based on predefined criteria.
When the assessment of benefits gives rise to a dispute, the employee can enter management. The members of management may apply to the Council of the Institute.

Section 3 Protection of personal data and health art. 27 principles the Institute can exploit files containing personal data and health data of its employees for purposes of personnel management.
The service from the staff and managers of the Institute are the owners of the files.
They are responsible for the data they process.
The Institute shall issue a regulation on the files.
The Director maintains a list of the files of the Institute. This list is brought to the attention of employees.
Employees and the staff associations that represent them are consulted before any introduction or modification of a file.

Art. Right of access and rectification of any employee data 28 may ask to be informed about the data processed on its subject. This information is provided to him free of charge.
The employee can give power to a representative by written proxy, to consult his file or to request information on the data processed on its subject.
If it appears that data is inaccurate or incomplete, or that they detract from the purpose of the treatment, the file holder must correct them or destroy them immediately.
Are reserved the provisions of the legislation on the right of access of the data protection.

Art. 29 publication and communication of data the written consent of the employees concerned must be required before any publication, Intranet, an internal organ, or on a billboard, from data within the private sphere.
No data can be communicated to third parties, in particular to new employers, banks, credit institutions and donors, without the written consent of the employee. The consent of the employee is deemed given if he cites the Institute as a reference for any information about him.
The communication is limited to the information necessary for the purpose of the request.

Art. 30 principles of treatment the personnel department treats data necessary to the execution of its tasks, including data in the application dossiers, the contract of employment, the description tasks and forms of assessment, and the decisions based on an assessment, the absences from work, medical certificates, the results of tests of personality and assessment tests and extracts from public records.
Managers deal with information necessary for the performance of their tasks of assessment, including assessment forms and data for salary changes based on the individual services.
The employee may be subject to evaluation or personality tests to assess his abilities and his potential professional or personal unless it has given prior consent.
The following time limits are applicable to the conservation of the data: a. for General personnel records: ten years after the end of the working relationship; (b) for data on social, administrative or penal measures, as well as measures relating to the prosecution: five years after the implementation of the action; c. for personality profiles : five years after the reading of the data, unless that person has consented in writing to a longer shelf life.

In justified cases, the Council of the Institute may, at the request of the competent Department, extend the time limits in the al. 4. after expiry of the retention period, the archived data must be treated in accordance with art. 21 of the Act of June 19, 1992, on the protection of data (LPD).
In case of rejection of an application, all data concerning the candidate referred to it, with the exception of the letter of application. Are reserved otherwise agreed in writing with the candidate. These data may be kept longer if they are necessary for the processing of the appeal referred to in art. 13, al. 2, of the Act of 24 March 1995 on equality.

RS 235.1 RS 151.1 art. 31 access to data by appeal process with the exception of personal data to the senses of the art. 3, let. c, LPD and profiles of personality within the meaning of art. 3, let. d, LPD, access to data by appeal procedure may be considered for: a. the central compensation of old-age insurance and survivors: data required for the update of the individual accounts of staff; b. the Federal Finance Administration: data required for the amortization of mortgages to people with a loan from; c. the Federal Pension Fund: data required for the update of the individual accounts of the staff.

RS 235.1 art. 32 data paper data security must be kept under lock and key.
The Institute defines the security measures for computerized data.

Art. 33 health data the medical record includes the questionnaire of commitment, the medical certificates and reports, as well as assessments of medical service that are necessary for the assessment of the ability of the employee during the commitment and work reports. The medical record is kept with the medical service.
The medical record must consist of paper documents.
Some data, such as the name of the employee, can be treated automated billing or statistical purposes. The automated processing of medical data system must remain a system closed; It must be connected to any other electronic data processing system.
The discretion of the medical service is communicated to the personnel department. The content of the medical record is communicated to the personnel department or third parties only if the employee has given prior consent. If the employee does not consent, permission to communicate health data about its reports to the Board of the Institute.

Chapter 4 Obligations of staff art. 34 duties of diligence and loyalty employees are required to accomplish the tasks assigned to them carefully and faithfully and conscientiously safeguard the legitimate interests of the Institute.
Employees behave and express themselves so as to preserve the image and credibility of the Institute and to refrain from any act which might compromise. They avoid conflicts between personal interests and those of the Institute or spontaneously report any conflicts that cannot be avoided.
The Institute adopts a code of conduct.

Introduced by no I 3 of the O of Nov. 25. 2015 on the waiting period, in effect since Jan. 1. 2016 (2015 5019 RO).
Introduced by no I 3 of the O of Nov. 25. 2015 on the waiting period, in effect since Jan. 1. 2016 (2015 5019 RO).

Art. 34adepart in a holding company operating under the LPT authority employees who leave the Institute for an incumbent of an operating permit according to the art. 5 and 18 LPT must inform the Institute no later than at the conclusion of the contract or the acceptance of a term.
The Institute may take measures to avoid conflicts of interest, including the allocation of another function, the challenge or the release of the functions.
The Director is released from his duties during the period of notice in case of exercise of an activity for an incumbent of an operating permit according to the art. 5 and 18 LPT.

Introduced by no I 3 of the O of Nov. 25. 2015 on the waiting period, in effect since Jan. 1. 2016 (2015 5019 RO).

Art. 35 working time the average weekly working time is 41 hours for full-time employees.
The Institute issues a regulation on working time management and scheduling models.

Art. 36 hours of extra and overtime

If additional extraordinary work or in case of urgent work, managers may order or allow for hours of extra or overtime with adequate notice. They plan together with their employees compensation for extra hours or extra hours ordered or authorized.
Extra hours are hours of work performed beyond the weekly schedule agreed for the full-time or part-time, but not exceeding not 45 hours, namely the maximum weekly working time provided for by law. The hours worked beyond the 45 hours a week are considered overtime. The total of these should not exceed 170 hours per year.
Extra hours and overtime shall be compensated by leave of the same duration.
If extra hours can be compensated, the Institute is required to pay at the standard rate, without supplement. Overtime which cannot be compensated is with a surcharge of 25%.
The non-retribution of extra and overtime hours may be scheduled in the contract of employment of executives.

Art. 37 night work or during the work done at night or during the nonworking days nonworking days is multiplied by the factor 1.25 and compensated by equivalent time off.
Is considered night work the work performed between 10 p.m. and 6 a.m..

Art. 38 professional confidentiality, trade secret and secret service employees are required to maintain secrecy on their profession and the Affairs of the Institute, that this requirement is dictated by the nature of the information, by specific provisions or by legal provisions. This obligation continues after the end of the working relationship.
Employees can express themselves about the Affairs of the Institute as witness, part or legal expert with the authorization of the competent service.
The Department may refuse to grant this authorization when public or private interests overriding require.

Art. 39 activities outside work reports any activity and any public service performed by an employee outside its working relationship with the Institute require the permission of if there is a potential conflict of interest or if the risk of affected employee's work.
In case of doubt, the employee informs his Manager.

Art. 40 acceptance of donations, income from activities in favour of third parties employees were forbidden to accept or to promise to themselves or others, gifts or other benefits that may be related to their commitment to the Institute; excludes gifts courtesy of little value.
They lend the Institute all or part of income from activities in favour of third parties they perform under their working relationship.
The exercise of an official function for a foreign State as well as the acceptance of titles and orders conferred by the ' foreign authorities are prohibited.

Art. 41 challenge employees called upon to make or prepare a decision must recuse himself: a. If they have a direct personal interest in the case; b. If relatives or allies in direct line, siblings, half-brothers or half-sisters or their spouse activity management or supervision in the party directly concerned by the decision; c. If they have acted in the same case for the party directly concerned by the decision; d. If, for other reasons, they may give the appearance of prevention in favor of one of the parties.

Employees required to recuse himself should spontaneously report any conflicts of interest. In such cases, they pass on the case to their line manager.

Art. 42 responsibility and prosecution responsibility and criminal proceedings are governed by the law of 14 March 1958 on the responsibility.
If the Institute is bound to complain, he asked permission to the federal Department of justice and police.

RS 170.32 Chapter 5 jurisdiction art. 43 procedure when the parties are unable to agree in case of dispute, the Institute makes a decision. Cases related to the staff report to the Director; cases related to the management of the Board of the Institute.

New content according to ch. II. 79 O Nov. 8. 2006 adaptation of O of the CF to the total revision of the Federal procedure, in force since Jan. 1. 2007 (RO 2006 4705).
Repealed by section II 79 of the Nov. 8 O. 2006 adaptation of O of the CF to the total revision of the Federal procedure, with effect from Jan 1. 2007 (RO 2006 4705).

Art. 44 prescription and lapse claims arising from the employment relationship to prescribe, regardless of the date when the working relationship ended: a. in general after five years from the due date claim; (b) according to the provisions of the criminal law, insofar as the claim is based on a criminal fact for which a longer limitation period is provided.

The claims to the senses of the art. 13, al. 3, and 15, al. 4, are void if they are not announced in the six months following the end of the working relationship.

Chapter 6 provisions final art. 45 regulations of the Institute the Director shall issue regulations of this order and rule if necessary other details regarding the staff of the Institute.

Art. 46 transitional provisions employees transferred to the Institute within the meaning of art. 92, al. 3, LPT and whose nominal salary of 2001 is the new salary will be entitled to the former salary for two years from the entry into force of this order. The Institute may extend that period for people who have reached a certain age or to avoid the case of hardship.
The fidelity premium calculation will take into account the years of work recognized according to the old law.

Art. full transitional 46aDisposition of the amendment on April 9, 2008, during a transitional period of five years from the entry into force of the Act of 20 December 2006 on PUBLICA, the Institute assumes half of costs related to the financing of the transitional pension according to art. 24b, regardless of the determining salary.

Introduced by section I of O from 9 APR. 2008, in force since July 1. 2008 (2008 1919 RO).
SR 172.222.1 art. 47 entry into force this order comes into force on January 1, 2002.

RO 2001 3010 SR 812.21 State on January 1, 2016