Key Benefits:
28 September 2001 (State 1 Er January 2016)
The Swiss Federal Council,
See art. 75, para. 2, of the Therapeutic Products Act of 15 December 2000 (LPT) 1 ,
Stops:
1 This order shall apply to staff of the Swiss Institute for Therapeutic Products (institute).
2 By analogy, it also applies to persons authorised by the Institute, as well as to auxiliary staff, training staff and trainees of the Institute, unless otherwise agreed.
1 The Institute pursues a staff policy aimed at ensuring the recruitment and retention of competent staff. It employs staff in an appropriate, economic and socially responsible manner.
2 Management is implementing the means necessary for its personnel policy, in particular as regards the training and development of staff. It ensures the succession of staff and managers, by involving its own staff.
3 The Directorate promotes equal rights and de facto equality between women and men within the Institute. It encourages the plurilingualism of its employees and ensures a fair representation of the linguistic communities within the Institute.
4 The Institute shall issue the directives necessary for the implementation of its personnel policy and shall periodically report on the objectives reached before the Board of the Institute and the Federal Department of the Interior.
The relevant provisions of the Code of Obligations 1 Shall apply by analogy, unless this order, the regulations of the Institute or the contract of employment have otherwise.
1 Staff shall elect a staff committee.
2 The Institute shall issue a regulation on the organisation of the committee.
3 The Commission encourages collaboration between management and staff and strengthens employee participation rights.
4 It is consulted on matters relating to personnel, training and health, and may make proposals.
1 Staff associations defend the fundamental interests of staff vis-vis the Institute.
2 They shall be consulted before any amendment to this order, as well as before the enactment or amendment of other regulations directly affecting the staff of the Institute. The Institute shall enter into negotiations with the staff associations if they so request.
3 They shall be entitled to represent their members in the individual cases concerning staff.
1 Public-law work reports arise from the conclusion of a written contract of employment between the Institute and the employee.
2 The Board of the Institute shall apply the decision of the Federal Council appointing the Director. It shall engage the other members of the Directorate on the proposal of the Director.
3 The staff shall be engaged by the Director, who may delegate all or part of that competence to his staff.
1 Working reports are generally concluded for an indefinite period of time.
2 Working reports shall be deemed to have a fixed duration when they are concluded for a maximum of three years. If they last more than three years, they are deemed to be of indefinite duration. Reducted term working reports are deemed to be of indefinite duration after three years.
1 The two parties may, by mutual agreement, terminate the working reports at all times and in writing.
2 The working reports shall terminate without termination:
1 New content according to the c. I of the O of 9 Apr. 2008, effective from 1 Er Jul. 2008 ( RO 2008 1919 ).
2 Introduced by ch. I of the O of 9 Apr. 2008, effective from 1 Er Jul. 2008 ( RO 2008 1919 ).
1 The first three months of work are deemed to be a trial period. In justified cases, the trial period may be fixed or extended beyond three months, but not beyond six months.
2 During the trial period, the contract of employment may be terminated at any time and in writing:
1 Indeterminate work reports may be terminated in writing for the end of a month, for a period of three months.
1bis For the Director and other members of the Directorate, the period of termination shall be six months. 1
2 In justified cases, periods of termination longer than the period prescribed in para. 1, but not exceeding six months, may be agreed upon by contract for other functions. 2
3 The Institute may terminate a contract of employment only for reasons inherent in the personality of the employee or the organization of the Institute. He shall communicate in writing the reasons for the dismissal to the employee.
1 Introduced by ch. I 3 of the O of 25 nov. 2015 on the waiting period, in force since 1 Er Jan 2016 ( RO 2015 5019 ).
2 New content according to the c. I 3 of the O of 25 nov. 2015 on the waiting period, in force since 1 Er Jan 2016 ( RO 2015 5019 ).
1 In the event of a restructuring, the Institute shall make every effort to reassign its employees to other reasonable jobs.
2 Where termination is unavoidable, the employee shall be compensated when the work reports have lasted more than ten years or at least 50 years of age.
3 The allowance is equal to a minimum of a monthly salary, and to a maximum of an annual salary. It may be paid in cash or in the form of a contribution to the financing of measures to prevent unemployment. The institute regulates the details.
4 In order to prevent severe cases, the Institute may also pay compensation within the meaning of para. 3 to persons who do not meet the conditions set out in para. 2.
5 In the case of collective redundancies, the Institute shall draw up a social plan in agreement with the social partners.
1 If employees are retired early as a result of restructuring, they may be granted an old-age pension from 55 years of age. 2 and a transitional annuity entirely financed by the Institute in accordance with Art. 61 of the pension plan for employees and beneficiaries of the pension fund of Swissmedic 2 (foresight settlement).
2 Old-age pension, such as a disability pension, is calculated in accordance with s. 57 of the pre-need regulation.
3 The Institute transfers the required cover capital for the financing of the old-age pension and the transitional pension to the Federal Pension Fund PUBLICA.
1 New content according to the c. I of the O of 9 Apr. 2008, effective from 1 Er Jul. 2008 ( RO 2008 1919 ).
2 Anschlussvertrag für das Vorsorgewerk Swissmedic vom 7. Dez. 2007 (Affiliation contract for Swissmedic pension fund; in German only)
1 In the event of undue or unjustified termination, the party having received the leave may make an objection in writing to the party who has served the leave, until the expiry of the period of termination.
2 In particular, the termination is deemed abusive when it intervenes:
3 If, in the case of unfair dismissal, the parties fail to reach an agreement, the employee who is dismissed may, by way of entitlement, claim compensation in respect of which the amount cannot exceed his or her annual salary.
4 Any damages due to another title shall be reserved.
1 The termination is invalid if it occurs during a blackout period. If the leave has been served before such a period, the period of termination shall be suspended until the end of that period and then continue to run until the end of the month in which it expires.
2 Deemed period of leave prohibition:
1 Both parties may at any time terminate the working relationship with immediate effect on fair grounds. Immediate termination must be in writing.
2 In particular, any circumstance which, according to the rules of good faith, does not permit the party who gave the leave to continue the work reports shall be deemed to be fair ground.
3 In the event of an unjustified immediate termination of the working reports:
4 In the case of wrongful dismissal with immediate effect, an employee who is dismissed may, by way of entitlement, claim compensation in respect of which the amount may not exceed his annual salary.
5 Any damages due to another title shall be reserved.
1 The salary of employees depends on the function, experience and benefits. It consists of a basic salary and individual elements of remuneration.
2 Individual compensation components consist of a benefit-dependent element and an element that is independent of benefits.
3 The basic salary and individual elements of remuneration may not total more than 280,000 francs per year (state: January 2002). The minimum gross salary of a full-time employee, 18 years of age, who cannot justify completion of vocational training, amounts to 38 000 francs per year (state: January 2002).
4 The salary of the staff in training is fixed on the basis of the recommendations of the professional associations concerned and the regional practice. The Institute can only derogate from it in favour of training staff.
1 The Institute shall lay down in a regulation the basic salary of the various functions according to a uniform assessment procedure.
2 Exceptionally, it may allocate a higher basic salary to a given function if it results in significantly higher remuneration in the labour market.
1 The independent earnings component of the benefits is determined by the employee's age.
2 It is adapted each year up to 15 % of the base salary.
1 The benefit-dependent compensation element is determined on the basis of the employee's performance and achievement of the agreed upon objectives.
2 It is fixed each year on the basis of evaluation maintenance within the meaning of Art. 26 and does not exceed 45 % of the basic salary.
3 Any compensation that is dependent on benefits that has been granted once remains acquired from the following year.
1 An employee is entitled to a maintenance allowance for each child with whom he has custody and with whom he has a filiation link. It includes the children of the spouse and the children who are financially dependent on the employee.
2 For full-time employees, the allowance is 3950 francs per year and per child (state: January 2002).
3 The allowance is paid until the child reaches the age of 18. It shall be paid no later than the age of 25 years for children in training.
1 A fidelity premium is paid every five years to the Institute's employees.
2 Performance awards can be paid individually or collectively as an award for extraordinary benefits.
3 Premiums may be fully or partially converted to paid leave.
1 To 1 Er January of each year, management adjusts the increase in wages within the meaning of s. 16 and the maintenance allowance within the meaning of s. 20.
2 If the institute is in a difficult financial situation, management may, taking into account the cyclical situation and wage developments in the public sector and in the private sector, may not compensate for the increase or Offset it only partially. It can treat pay classes differently.
3 Management consults with the staff associations before deciding on the compensation for the increase, as well as any other possible wage measures.
1 In case of incapacity for work due to illness or accident, employees are entitled to the payment of the final salary and the maintenance allowance up to the recovery of their working capacity, but for a maximum of 730 days.
2 The right to pay may be reduced if the employee has caused the illness or accident intentionally or negligently, or has intentionally exposed itself to a hazard or an extraordinary risk.
3 Persons subject to compulsory military service, compulsory civil protection or civil service under federal law shall be entitled to the payment of the full salary and the maintenance allowance when carrying out the These legal obligations.
4 Employees are entitled to a four-month paid maternity leave. This leave may only start at least one month before the birth. The rest of the leave must be taken immediately after delivery.
5 Insurance benefits are charged to the salary paid.
1 In the case of incapacity for work due to an illness or accident of the employee, the Institute shall seek all relevant and reasonable solutions for reintegrating the person concerned into the work process.
2 The Institute uses the appropriate agencies for its research.
1 Introduced by ch. I of the O of 9 Apr. 2008, effective from 1 Er Jul. 2008 ( RO 2008 1919 ).
1 Employees are insured in accordance with the provisions of the Act of 20 December 2006 on PUBLICA 2 And section 4 B The Act of 24 March 2000 on the personnel of the Confederation 3 The economic consequences of old age, disability and death.
2 The determining salary for insurance is the salary defined in s. 16 to 19 and compensation for the increase under s. 22. Maintenance allowances referred to in s. 20, the premiums defined in s. 21 and the compensation provided for in s. 36 are not insured.
1 The Institute shall settle the composition, the procedure for the election and the organisation of the joint body of its Provident Fund. In the case of common pension funds, employers must consult on their regulations.
2 Only members of the joint body of the competent and qualified persons may be elected for the exercise of their management task. To the extent possible, gender and official languages must be equitably represented.
3 The allowances paid to the members of the joint body shall be fixed by the Board of the Fund of PUBLICA.
1 Introduced by ch. 2 of the Annex to the O of 2 May 2007 on the Joint Body of the Provident Fund of Confederation (RS 172.220.141 ).
1 Where an employee is granted one or half of a transitional pension, the Institute shall bear part of the cost of financing the transitional pension actually collected if the working reports have lasted for at least five years before Retirement.
2 The employer's participation is:
1 Introduced by ch. I of the O of 9 Apr. 2008, effective from 1 Er Jul. 2008 ( RO 2008 1919 ).
1 Employees are entitled to five weeks of vacation per calendar year.
2 Employees aged 50 and over and employees under 20 years of age are entitled to six weeks of vacation per calendar year.
3 Saturday and Sunday are free days. Also deemed to be non-working days on the day of the Year, on 2 January, on Good Friday, on Easter Monday, on Ascension, on the Monday of Pentecost, on 1 Er August, 24, 25 and 26 December and 31 December.
4 The Institute shall rule on the granting of paid leave and leave without pay, in particular parental leave and any other leave for family obligations.
1 An evaluation interview takes place at least once a year between line managers and each of their employees.
2 The purpose of the evaluation interview is to take stock of the work carried out, to encourage the collaborator and to evaluate his or her benefits; he must also allow the collaborator to decide on the way in which his line manager leads his unit.
3 The maintenance includes:
4 The employee's benefits are assessed against pre-defined assessment criteria.
5 Where the assessment of benefits results in a dispute, the employee may refer the matter to management. Members of the Directorate may apply to the Board of the Institute.
1 The Institute may make use of files containing personal data and the health data of its employees for personnel management purposes.
2 The staff and line managers of the Institute are the holders of the files.
3 They are responsible for the data they process.
4 The Institute shall issue a regulation on files.
5 The Director maintains the list of files of the Institute. This list is made available to employees.
6 Employees and staff associations who represent them are consulted before any file is introduced or modified.
1 Any employee may request information about the data processed about him or her. This information is provided free of charge.
2 An employee may give power to an agent, by written power of attorney, to consult his or her file or to request information on the data processed about him or her.
3 If it appears that the data are inaccurate or incomplete or that they are inconsistent with the purpose of the processing, the file holder must correct or destroy the data immediately.
4 The provisions of the legislation on the right of access to data protection are reserved.
1 The written consent of the employees concerned must be required before any publication, in the Intranet, in an internal body or on a billboard, of data falling within the private sphere.
2 No data may be disclosed to third parties, in particular new employers, banking institutes, credit institutions and donors, without the written consent of the employee. The employee's consent shall be deemed to be given if the employee refers to the Institute as a reference for any information about him or her.
3 The communication is limited to the information necessary for the purpose of the request.
1 The staff service shall process the data necessary for the performance of its tasks, in particular the data contained in the application files, the contract of employment, the description of the tasks and the appraisal forms, as well as the Decisions based on assessment, absences from work, medical certificates, results of personality tests and evaluation tests and extracts from public registers.
2 The line managers process the data essential to the performance of their evaluation tasks, in particular the appraisal forms and the data relating to salary changes on the basis of benefits Individual.
3 An employee may be subjected to personality tests or tests designed to assess his or her professional or personal capacity and potential only if he or she has given his or her consent.
4 The following deadlines apply to data retention:
5 In justified cases, the Council of the Institute may, at the request of the competent service, extend the time limits laid down in para. 4.
6 After expiry of the retention period, the archived data must be processed in accordance with Art. 21 of the Data Protection Act of 19 June 1992 (HPA) 1 .
7 In case of rejection of an application, all data concerning the candidate are returned to him, with the exception of the letter of application. The contrary provisions shall be set aside in writing with the candidate. Such data may be retained for longer periods if they are necessary for the treatment of the remedies referred to in s. 13, para. 2, of the Act of 24 March 1995 on equality 2 .
With the exception of sensitive personal data within the meaning of Art. 3, let. C, LPD 1 And personality profiles within the meaning of s. 3, let. D, LPD, access to data by appeal procedure may be considered for:
1 Paper data must be kept locked.
2 The Institute shall define the security measures applicable to computerised data.
1 The medical record includes 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 during the engagement and during the reports A job. The medical file is kept with the medical service.
2 The medical record must be made up of paper documents.
3 Some data, such as the employee's name, can be processed in an automated manner for billing or statistical purposes. 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 to the employee is the responsibility of the Institute's Board.
1 Employees are required to perform carefully the tasks assigned to them and to faithfully and conscientiously safeguard the legitimate interests of the Institute.
2 Employees act and express themselves in such a way as to preserve the image and credibility of the Institute and refrain from any actions that might compromise them. They avoid conflicts between their personal and institutional interests or spontaneously report any conflict that cannot be avoided. 1
3 The Institute shall adopt a code of conduct. 2
1 Introduced by ch. I 3 of the O of 25 nov. 2015 on the waiting period, in force since 1 Er Jan 2016 ( RO 2015 5019 ).
2 Introduced by ch. I 3 of the O of 25 nov. 2015 on the waiting period, in force since 1 Er Jan 2016 ( RO 2015 5019 ).
1 Employees who leave the Institute for an undertaking holding an operating authority under s. 5 and 18 LPT shall inform the Institute at the latest at the conclusion of the contract or the acceptance of a warrant.
2 The Institute may take measures to avoid conflicts of interest, including the assignment of another function, the recusal or the discharge of functions.
3 The Director shall be relieved of his or her duties during the period of termination in the event of an activity for a business holding an authorization to operate under s. 5 and 18 LPT.
1 Introduced by ch. I 3 of the O of 25 nov. 2015 on the waiting period, in force since 1 Er Jan 2016 ( RO 2015 5019 ).
1 The average weekly working time is 41 hours for full-time employees.
2 The Institute shall enact a regulation on the organisation of working time and timetables.
1 In the event of additional extraordinary work or in the case of urgent work, line managers may order or authorize extra hours or overtime at reasonable notice. They plan with their collaborators compensation for overtime or overtime ordered or authorized.
2 Off-duty hours are hours worked beyond the agreed weekly hours of work for full-time or part-time employees, but not more than 45 hours, namely the maximum weekly hours of work required by law. Hours of work beyond the 45 hours per week are deemed to be overtime. The total of the latter shall not exceed 170 hours per year.
3 Overtime and overtime shall be compensated for by leave of the same duration.
4 If extra hours cannot be compensated, the Institute is required to pay them at the regular rate, at no additional cost. Overtime that cannot be compensated is with a supplement of 25 %.
5 The non-payment of overtime and overtime may be provided for in the executive contract.
1 Work done at night or during non-working days is multiplied by the factor of 1.25 and compensated for by equivalent leave.
2 The work provided between 22 hours and 6 hours is deemed to be night work.
1 Employees are required to keep the secrecy of their profession and the business of the Institute, whether this requirement is dictated by the nature of the information, by specific provisions or by legal provisions. This obligation remains after the end of the working reports.
2 Employees may not speak about the affairs of the Institute as a witness, a party or a judicial expert, except with the authorization of the competent service.
3 The competent service may refuse to grant such authorisation where the overriding public or private interests so require.
1 Any activity and public service performed by an employee outside his or her working relationship with the Institute requires the employee's authorization if there is a potential conflict of interest or if the employee's work is likely to be affected.
2 In case of doubt, the employee informs his or her manager.
1 Employees are prohibited from accepting or being promised, for themselves or for others, gifts or other benefits that may be related to their commitment to the institution; they are excluded from the courtesy gifts of little value.
2 They shall return all or part of the income from activities in favour of third parties to the Institute in accordance with their working reports.
3 The exercise of an official function for a foreign state and the acceptance of titles and orders conferred by foreign authorities are prohibited.
1 Employees who are required to make or prepare a decision must recuse themselves:
2 Employees who are required to recuse themselves must spontaneously report any conflict of interest. In such cases, they send the case to their line manager.
1 Where the parties are unable to reach agreement in the event of a dispute, the Institute shall render a decision. Personnel cases report to the Director; cases involving members of management report to the Board of the Institute.
1 New content according to the c. II 79 O of 8 nov. 2006 adapting O of the CF to the total revision of the federal procedure, in effect since 1 Er Jan 2007 ( RO 2006 4705 ).
2 Repealed by c. II 79 O of 8 nov. 2006 adapting O of the CF to the total revision of the federal procedure, with effect from 1 Er Jan 2007 ( RO 2006 4705 ).
1 The claims arising from the work reports are prescribed regardless of the date on which the work reports are terminated:
2 Claims within the meaning of s. 13, para. 3, and 15, para. 4, are lapsed if they are not announced within six months of the end of the working relationship.
The Director shall lay down the regulations for the execution of this order and shall, if necessary, provide further details of the staff of the Institute.
1 Employees transferred to the Institute within the meaning of s. 92, para. 3, LPT and whose 2001 nominal wage is higher than the new salary are entitled to the previous salary for two years after the coming into force of this order. The Institute may extend this period for persons who have reached a specified age or to avoid cases of rigor.
2 The calculation of the loyalty premium will take into account the years of work recognized under the old right.
During a transitional period of five years from the full entry into force of the Act of 20 December 2006 on PUBLICA 2 , the Institute pays half of the costs associated with the financing of the transitional annuity under s. 24 B , regardless of the salary threshold.
1 Introduced by ch. I of the O of 9 Apr. 2008, effective from 1 Er Jul. 2008 ( RO 2008 1919 ).
2 RS 172.222.1
This order shall enter into force on 1 Er January 2002.
