Rs 173.711.2 Order Of The Federal Assembly Of 13 December 2002 On Labour Relations And The Treatment Of The Federal Administrative Court Judges, Ordinary Judges Of The Federal Criminal Court And The Ordinary Judges Of The Federal Court

Original Language Title: RS 173.711.2 Ordonnance de l’Assemblée fédérale du 13 décembre 2002 concernant les rapports de travail et le traitement des juges du Tribunal administratif fédéral, des juges ordinaires du Tribunal pénal fédéral et des juges ordinaires du Tribunal fédéral

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173.711.2 order of the Federal Assembly on the working relationship and the treatment of the judges of the federal administrative court, of the ordinary judges of the federal Criminal Tribunal and ordinary judges of the federal court of patents (Ordinance on judges) of December 13, 2002 (State July 1, 2015) the Federal Assembly of the Swiss Confederation, under art. 46, al. 3, of the Act of 19 March 2010 on the Organization of the prosecution authorities, having regard to art. 13, al. 3, of the Act of 17 June 2005 on the Administrative Tribunal federal, under art. 17 of the Act of March 20, 2009 on the federal Patent Court, given the message of the federal Council of February 28, 2001, having regard to the supplementary report of the Committee on Legal Affairs of the Council of States of 23 May 2002, stop: Section 1 purpose art. 1. this order regulates the working relationship and the treatment of the judges of the federal administrative court, the ordinary judges of the federal criminal court and the ordinary judges of the federal court of patents.

New content according to art. 2 c. 2 o of the Ass. EDF. from 13 Dec. 2013 relative to per diem allowances and travel expenses of the judges of the TPF, in force since 1 Jan. 2014 (2013 5379 RO; FF 2013 2619 2633).

Section 2 Conclusion and termination of the relationship of work article 2 conclusion of the working relationship of the work of a judge of the federal criminal court reports are based on his election by the Federal Assembly, election should have accepted.
Details of the working relationship (start, occupancy rate, initial treatment, occupational pension plans) are generally set by the judicial Commission, subject to the election by the Federal Assembly.

S. The function 3periode the period of function is governed by art. 9 of the Act of 4 October 2002 on the Criminal Tribunal federal, by art. 9 of the Act of 17 June 2005 on the federal administrative court and by art. 13 of the law of March 20, 2009 on the federal Patent Court.

New content according to art. 2 o of 20 March 2009 on the judges of the TFB, into force since March 1, 2010 (RO 2010 529; FF 2008 373).

S. 4 termination the judge may terminate its reports of work at the end of each month by a six-month leave period.
The judicial Commission may, in special cases, grant to the judge a shorter notice when no essential interest objection.

Section 3 treatment art. 5 treatment of judges corresponds to class 33 provided in art. 36 of the Ordinance of 3 July 2001 on the personnel of the Confederation.
When determining treatment of a judge, the judicial Commission takes account primarily of his age. In addition, it takes into account appropriately his training and his professional experience and old and the employment market. The initial treatment corresponds to 70% of the maximum amount of the processing class 33 within the meaning of art. 36 of the Ordinance of 3 July 2001 on the personnel of the Confederation.
On January 1 of each year, the salaries of judges increases by 3% of the maximum amount of the processing class 33, until you reach this amount.

RS 172.220.111.3 new content of the 3 sentence according to the c. of o. of the Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).
New content according to chapter I to the O of the Ass. EDF. October 6, 2006, in force since January 1, 2007 (RO 2006 4217; FF 2006 2115).
New content according to chapter I to the O of the Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).

S. Presidential 6Allocations the federal president of the Criminal Tribunal, federal president of the Administrative Tribunal and the president of the federal Patent Court receive a presidential allowance uninsured of 30,000 francs annually.
The Vice-Chairman of the federal criminal court and the Vice-Chairman of the federal administrative court, as well as the vice-president of the federal court of patents, when justice, receive a presidential allowance uninsured 20,000 francs per year.
The presidents of the federal Criminal Tribunal courts and the presidents of the courts of the federal administrative court receive a presidential allowance uninsured of 10,000 francs per year.
The presidents of the Chambers of the federal administrative court receive a presidential allowance uninsured 5000 francs per year.
The judge who exercises several presidential functions only receives the highest allocation.

New content according to art. 2 o of 17 June 2005 on the posts of judge, in force since 1 Jan. 2007 (2006 2627, FF 2004 RO 4481).
New content according to chapter I to the O of the Ass. EDF. March 19, 2010, in force since 1 Apr. 2010 (2010 1213 RO; FF 2010 1563 1575).
New content according to chapter I to the O of the Ass. EDF. March 19, 2010, in force since 1 Apr. 2010 (2010 1213 RO; FF 2010 1563 1575).
Introduced by the c. of o. of the Ass. EDF. from oct 6. 2006, in force since 1 Jan. 2007 (2006 4217 RO; FF 2006 2115).
Introduced by the c. of o. of the Ass. EDF. from oct 6. 2006, in force since 1 Jan. 2007 (2006 4217 RO; FF 2006 2115).

S. function 6aindemnite the members of the administrative Commission receive an allowance uninsured of 10,000 francs per year.
Any member of the administrative Commission who also performs a presidential function receives only the highest allowance.
The al. 1 and 2 shall apply by analogy to ordinary judges members of the administrative Committee of the federal Patent Court.

Introduced by the c. of o. of the Ass. EDF. from oct 6. 2006, in force since 1 Jan. 2007 (2006 4217 RO; FF 2006 2115).
New content according to chapter I to the O of the Ass. EDF. March 19, 2010, in force since 1 Apr. 2010 (2010 1213 RO; FF 2010 1563 1575).
The designation of the administrative unit has been adapted in accordance with art. 12 al. 2 of the Act of 18 June 2004 on official publications (RS 170.512). It was taken into account this mod. throughout the text.
Introduced by the c. of o. of the Ass. EDF. March 19, 2010, in force since 1 Apr. 2010 (2010 1213 RO; FF 2010 1563 1575).

S. 7 allowance residence, higher compensation, allowances for assistance charge residence allowance, higher compensation and assistance expense allowances are allocated according to the provisions on the reports of staff of the federal administration.

S. 8 treatment of part-time judges treatment, residence allowance, and allowances of judges engaged in part-time are adapted to their degree of occupation.

Section 4 benefits social art. 9. the benefits payable by the employer to the judges in the event of inability to work due to sickness, accident, disability, military service, civil or civil service and maternity protection as well as the benefits of the employer to pay to the survivors in case of death of a judge are granted according to the provisions on the reports of staff of the federal administration.
Judges are insured by the pension fund PUBLICA (Provident Fund of the Confederation) until the age of 65 years against the economic consequences of old age, disability and death.
On request of a judge, the retirement is maintained beyond the age of 65 years and until the legal age of cessation of activity. In this case, the competent court finance contributions of the employer savings.

Introduced by the c. of o. of the Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).
Introduced by the c. of o. of the ' Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).

Section 5 time for work, vacation and leave s. Work 10Temps hours of work based on trust and the corresponding compensation are governed by the provisions on the reports of staff of the federal administration. Exceptions to the granting of compensation in cash require the approval of the administrative Committee of the Court or the direction of the tribunal.
The part-time post occupancy rate is determined on the basis of a full time of 42 hours per week.

New content according to chapter I to the O of the Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).

S. 11 holidays per calendar year, judges are entitled to a holiday of: a. 5 weeks until the calendar year during which they reach the age of 49; b. 6 weeks from the calendar year they reach the age of 50; v. 7 weeks from the calendar year they reach the age of 60.

In principle the holiday must be taken during the calendar year in which the right to holiday arises. If this is not possible, they must be taken the following year.

S. 12 administrative Commission leave of the Court or the direction of the tribunal may, on application, grant leave to a judge.
In its assessment of the application, it takes into account the leave provisions which shall apply to the staff of the federal administration.

New content according to chapter I to the O of the Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).

Section 6 fee art. 13. the judges shall be compensated the surplus of expenses resulting from their professional activity.
The rates set by the federal Department of finance for the personnel of the Confederation are applied by analogy to:

a. meals, housing and transportation costs; b. foreign service travel; v. participation in international conferences; d. the move for service reasons; e. hospitality.

Section 7 duties of judges Art. 14 home judges must be domiciled in Switzerland.

S. 15 secret service judges are required to maintain the secrecy of function on all the facts which they have become aware in the exercise of their function and which are, by their nature, confidential.
The administrative Commission of the tribunal or the direction of the tribunal office of superior authority to release the secret of function (art. 320, para. 2, of the penal code).

RS 311.0 new content according to chapter I to the O of the Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).

Section 7aindemnite in the event of dissolution of the reports of work article 15A La Commission administrative or direction of the tribunal may grant to the judge whose labour relations are dissolved an allowance equal to one year's salary at most if the situation warrants. It takes particular account of age, the professional and personal situation, the duration of exercise of the function and the circumstances of the dissolution of the working relationship.
The compensation must be approved by the Delegation of the Finance of the Federal houses.
The award of compensation is excluded when the judge: a. leaves office because he has reached the legal age of retirement; b. is revoked or is not re-elected for seriously violating his duties of function; OUC. on its own initiative, has terminated the employment relationship or assumes no candidate for his re-election.

The allowance is allocated in the form of benefit capital.
The recipient must repay all or part of the compensation: has if it reunites reports of work within a period of one year after the dissolution of the employment relationship; ETB. If the administrative Commission or direction of the tribunal so requires; shall take account of the amount of the allowance, the number of months without work and the amount of the new wage reports.

Section 8 available final art. 16. the present order of the Federal Assembly between into force concurrently with the Federal law of October 4, 2002 on the federal Criminal Tribunal on August 1, 2003.

Transitional provision concerning the amendment of October 6, 2006 art. 5, al. 3, in its content of 6 October 2006 applies by analogy to the federal criminal court judges who have been elected by the Federal Assembly on October 1, 2003, that effective from the beginning of their second period of function.

RO 2003 2159 new content according to art. 2 c. 2 o of the Ass. EDF. from 13 Dec. 2013 relative to per diem allowances and travel expenses of the judges of the TPF, in force since 1 Jan. 2014 (2013 5379 RO; FF 2013 2619 2633).
RS 173.71 new content according to chapter I to the O of the Ass. EDF. March 16, 2012, in force since 1 Apr. 2012 (2012 1461 RO; FF 2011 8255 8273).
RS 173.32 RS 173.41 FF 2001 4000 FF 2002 5487 update according to the c. of o. of the Ass. EDF. March 19, 2010, in force since 1 Apr. 2010 (2010 1213 RO; FF 2010 1563 1575).
Introduced by c. I 1's the Ass O. EDF. 19 June 2015 concerning the compensation paid in the event of dissolution of the reports of work, in force since 1 Jul. 2015, applicable for the 1 time in the elections from 2015 (RO 2015 2057; FF 2015 2047 2069).
2006 4217 RO; FF 2006 2115 State July 1, 2015

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