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RS 172.220.111.3 Order of 3 July 2001 on the personnel of the Confederation (OPers)

Original Language Title: RS 172.220.111.3 Ordonnance du 3 juillet 2001 sur le personnel de la Confédération (OPers)

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172.220.111.3

Confederation Personnel Ordinance

(OPers)

3 July 2001 (State 1 Er January 2016)

The Swiss Federal Council,

See art. 37 of the Act of 24 March 2000 on the personnel of the Confederation (LPers) 1 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose and scope

(art. 2 LPers)

1 This Order governs work reports:

A.
The staff of the units of the central federal administration and the units of the decentralised federal administration which have become autonomous without acquiring the legal personality according to Annex 1 of the order of 25 November 1998 on the organisation of the Government and Administration (OLOGA) 1 ;
B.
The personnel of units of the decentralized federal administration that have become self-sufficient in accordance with Schedule 1 OLOGA, whose personnel are subject to the NWPA and have no special status within the meaning of s. 37, para. 3, LPers;
C.
Of the prosecutors and staff of the Public Prosecutor's Office within the meaning of Art. 22, para. 2, of the Law of 19 March 2010 on the organisation of criminal authorities (LOAP) 2 ;
D.
The staff of the secretariat of the Supervisory Authority of the Public Ministry of the Confederation;
E. 3
Staff of Parliamentary Services, provided that the Federal Assembly does not issue contrary or complementary provisions. 4

2 Not subject to this order:

A.
Staff under the obligations code (CO) 5 (art. 6, para. 5 and 6, LPers);
B.
The staff of the Federal Department of Foreign Affairs (DFAE) employed abroad on the basis of a private and non-transferable contract of law;
C. 6
EPF staff.
D.
Apprentices, governed by the Federal Act of 19 April 1978 on vocational training 7 ;
E.
Staff governed by the Act of 20 March 1981 on work at home 8 ;
F. 9
Staff governed by the Ordinance of 2 December 2005 on personnel dedicated to the promotion of peace, the strengthening of human rights and humanitarian assistance (OPers-PDHH) 10 .

3 In this order, the term "département" means the departments and the Federal Chancellery.

4 As employers, the Public Ministry of the Confederation, the Supervisory Authority of the Public Prosecutor's Office of the Confederation and the Federal Assembly for the staff of Parliamentary Services are not bound by the standards and guidelines of the Council Federal. They shall assume for their staff by analogy the powers which this Ordinance assigns to the departments and shall take the decisions of the employer. 11

5 The policy of the staff of the Federal Council and the DFF is decisive for the Public Ministry of the Confederation and for the Supervisory Authority of the Public Prosecutor's Office of the Confederation, provided that the special status or function of these Authorities do not require another solution. 12


1 RS 172.010.1
2 RS 173.71
3 Introduced by c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).
4 New content according to the c. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5793 ).
5 RS 220
6 New content according to the c. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5793 ).
7 [RO 1979 1687, 1985 660 hp. I 21, 1987 600 art. 17 hp. 3, 1991 857 Annex c. 4, 1992 288 Annex c. 17 2521 art. 55 ch. 1, 1996 2588 art. 25 al. 2 and annex c. 1, 1998 1822 art. 2, 1999 2374 ch. I 2, 2003 187 Annex c. II 2. RO 2003 4557 Annex, c. I 1]. Currently: PMQ of Dec 13. 2002 (RS 412.10 ).
8 RS 822.31
9 New content according to Art. 42 hp. 1 of the O of 2 Dec. 2005 on personnel dedicated to the promotion of peace, the strengthening of human rights and humanitarian assistance, in force since 1 Er Jan. 2006 ( RO 2005 5607 ).
10 RS 172.220.111.9
11 Introduced according to c. I of the O of 20 Nov 2013 ( RO 2013 4397 ). New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 (RO 2015 2243).
12 Introduced according to c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).

Art. 2 Competent Authorities

(art. 3 LPers)

1 The Federal Council has the power to conclude, modify and rescind the working reports:

A.
Secretaries of Etat;
B. 1
Ex officio directors and persons with comparable responsibilities within departments;
C.
General Officers;
D. 2
Secretaries-General of departments;
E.
Vice Chancellors of Confederation;
F.
Heads of Mission;
G. 3
...
H. 4
...

1bis The Head of Department shall be competent to conclude, amend and terminate the working reports of the alternates of Secretaries of State, Directors of Office and Secretaries-General of the Departments. 5

2 The Federal Council decides on the transfer of Heads of Mission.

3 The departments shall take the other decisions of the employer relating to the personnel referred to in paras. 1 and 1 Bis , provided that neither this order nor any other act provides otherwise. 6

4 The departments shall regulate the powers relating to all decisions of the employer concerning the rest of their staff, unless the LPers, other senior legislative acts, this order or other requirements of the In other words, the Federal Council does not.

5 The jurisdiction of the employer to make decisions referred to in para. 4 is presumed to belong to the federal offices or to the organizational units that are assimilated to them, provided that the departments do not otherwise have them. 7


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4567 ).
2 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4567 ).
3 Repealed by c. I of the O of 24 Nov 2010, with effect from 1 Er Jan 2011 ( RO 2010 5793 ).
4 Repealed by c. 1 of the appendix to the O of 7. 2005, with effect from 1 Er Jan 2007 ( RO 2005 4595 ).
5 Introduced by ch. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4567 ).
6 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4567 ).
7 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 2 A 1 Title of "Director"

The title of "director" can only be conferred on directors of office.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 3 Diplomatic and Consular Titles

1 The Federal Council confers diplomatic and consular titles.

2 The AWF confers the titles in use in international relations to the staff it incurs, as long as these titles do not correspond to the rank of head of mission. 1


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Chapter 2 Personnel policy

Section 1 Principles

Art. 4 Staff Development, Training and Development 1

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

1 The employer promotes the development of all its employees through measures taken at the workplace and through training and continuing education. 2

1bis The Federal Department of Finance (DFF) develops the staff development strategy in conjunction with the other departments, supports them in its implementation and promotes the development of a corporate culture at the level of Confederation. 3

2 The departments are taking targeted measures to:

A.
Expand and deepen the skills of all employees;
B.
To preserve their chances in the labour market and their professional mobility;
C.
Provide them with the means to participate and adhere to the required changes.

3 Employees develop skills tailored to their abilities and job requirements and adapt to change.

4 The employer shall bear the costs of the continuing training and training provided by the employees in order to meet the needs of the service and provide the necessary time for such training. It may take up all or part of the costs of continuing training and training that employees follow for their own needs and free up the time required for such trainings. 4

5 It may ask the employee to reimburse the costs of training and continuing training if the employee interrupts the training or continuing education, or if the employee terminates his employment contract within two years after the completion of the training or Continuing education without immediately establishing new working relationships with another administrative unit within the meaning of s. 1. 5

6 It may grant a maximum period of up to four years for the reimbursement of training or continuing training costs if the share of the costs to be paid is at least 50 000 francs. 6


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
5 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
6 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 5 Framework Development 1

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

1 The employer is responsible for the development of executives. 2

2 The departments are taking targeted measures to:

A.
Improve management at all levels of organization;
B.
Maximize the potential of existing staff;
C.
Promote internal mobility;
D.
Preserve employees' chances of employment in the labour market;
E.
Ensure the competitiveness of the federal government in the labour market;
F.
To improve the representation of women in executive positions.

3 DFF develops the framework development strategy in conjunction with the departments. It ensures the implementation of this strategy and supports the relevant departments. 3


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 6 Gender Equality

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

1 The employer ensures that employees are not disadvantaged because of their gender or lifestyle.

2 Within the framework set out in the directives of the Federal Council, the departments are taking targeted measures to achieve equality of opportunity and equal treatment between women and men in practice. They establish incentive programmes for this purpose and can call on specialists or set quotas.

3 They protect the dignity of women and men in the workplace and take appropriate measures to enforce the prohibition of discrimination, in particular to prevent any form of sexual harassment.

Art. 7 1 Plurilingualism

The departments shall take measures to promote plurilingualism referred to in Art. 6 to 8 D The order of 4 June 2010 on languages 2 .


1 New content according to the c. II 3 of the O of August 27, 2014, in force since 1 Er Oct. 2014 ( RO 2014 2987 ).
2 RS 441.11

Art. 8 Employment and integration of persons with disabilities

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

1 Within the framework set out in the guidelines of the Federal Council, departments create conditions conducive to the employment of persons with disabilities and ensure that the professional integration of persons with disabilities is sustainable. They can draw on specialists and establish incentive programs for this purpose.

2 The DFF has the necessary financial resources in a centralised budget.

Art. Personality Protection

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

The departments shall take the measures necessary to prevent any unacceptable interference with the personality of the employee, of any person they come from; in particular, they shall be deemed to be inadmissible:

A.
The systematic entry of data on individual benefits without knowledge of the employee concerned;
B.
Exercising or tolerating attacks or actions against the individual or professional dignity of the employee.
Art. 10 1 Respect for the environment

(art. 4, para. 2, let. H, and 32, let. D, LPers)

The DFF, in conjunction with the other departments, takes measures to encourage the staff of the Confederation to behave in a manner that respects the environment in the performance of their professional activities.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 10 A 1 Occupational Safety, Health Protection and Health Promotion

(art. 32, let. D, LPers)

1 The DFF, in agreement with the departments, lays down directives on safety at work and the protection of employee health and the promotion of health within departments.

2 The departments are responsible for safety at work and for protecting the health of their employees, as well as for the promotion of health in their administrative units.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 10 B 1 Health protection and working time for commitments made under fixed service plans

(art. 32, let. D, LPers)

1 Employees making commitments under fixed service plans shall have a daily rest period of at least 11 consecutive hours. This rest period can be reduced to eight hours once a week, as long as the two-week average reaches 11 hours.

2 Work is interrupted by breaks of at least:

A.
A quarter of an hour if the work day is four hours;
B.
Half an hour if the work day is longer than seven hours;
C.
An hour if the work day is longer than nine hours;
D.
Two hours if the work day is twelve hours; the break can be divided into two halves and staggered.

3 In the framework of working time systems with three or more teams, the rotation of the teams takes place towards the front: from the morning to the evening, and from night to night.

4 Breaks count as working time when employees are not allowed to leave their place of work.

5 The duration of night work shall not exceed nine hours. It is included in a space of ten hours, including breaks.

6 Employees who perform night work for at least 25 nights per calendar year are entitled to a medical examination, as well as medical advice, upon request. They can claim their right every two years and, from the age of 45, each year.

7 The medical examination is mandatory for employees who perform night work without alternation, working in a 12-hour shift or working alone. The examination takes place every two years and, from the age of 45, each year.

8 Departments are responsible for authorizing commitments under fixed service plans and approving corresponding plans. On an exceptional basis, they may provide for derogations from paras. 1 to 5, duly justified, where the application of these requirements would result in extraordinary difficulties and that the majority of the employees concerned consent to such derogations.


1 Introduced by ch. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. 11 1 Medical Service

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

1 The DFF designates the medical service responsible for medical examinations and measures in the field of occupational medicine.

2 The medical service performs the following tasks:

A.
On the terms of reference of the administrative units, it shall assess the suitability of the candidates for the commitment and the assessment of the suitability of employees during the working reports;
B.
Assessing the risks of disability and morbidity of candidates when committed to important security positions;
C.
On the terms of office of the administrative units, he shall, as a trusted doctor, perform the required medical examinations in cases of illness, accident, reinstatement and, where appropriate, occupational disability;
D.
It collaborates, as required, with the relevant case management services in the enterprise;
E.
It can advise and assist the administrative units, at their request, in all matters relating to safety at work and to the protection and promotion of health.

1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 11 A 1 Employer Rehabilitation Measures

(art. 4, para. 2, let. G, 21, para. 1, and d, and 27 D , para. 1, LPers)

1 If an employee is prevented from working because of illness or accident, the competent authority under s. 2 implements all relevant and reasonable means for reintegrating into the world of work (employer rehabilitation measures). It may involve the Social Consultation of Federal Government Employees.

2 The competent authority may require the employee to cooperate in the implementation of rehabilitation measures.


1 Introduced by ch. I of the O of 15 June 2007 ( RO 2007 2871 ). New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 (RO 2013 1515).

Art. 12 Family and social responsibilities

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

Departments shall ensure that employees can assume their responsibilities within the family and society; the needs of the service must be taken into account.

Art. 13 Creation of apprenticeship places and training places

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

1 The DFF defines the policy of the Federal Government in the field of vocational training and provides the necessary financial resources in a centralised budget.

2 Departments create apprenticeship places and trainee positions in targeted areas for high school graduates. They support measures to promote vocational training.

Art. 14 Information

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

1 Hierarchical superiors and collaborators provide early enough information about important records of the service.

2 Departments shall provide their staff with all necessary information at an early date.

3 FDFF regularly provides information to Confederation staff. 1

4 The form and content of the information must meet the needs of the recipients.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Section 2 Maintenance with the employee and personal assessment

Art. 15 Principles

(art. 4, para. 3, LPers)

1 Once a year, the supervisors have a personal interview with their employees and carry out their evaluation.

2 Maintenance serves the professional development of the collaborator and is intended to examine the conditions under which the work is provided and to agree on objectives. It allows the hierarchical superior to have an echo from his collaborators on how he directs his unit.

3 Personal assessment is the basis for the evolution of the salary, which is based on the agreed objectives for benefits, behaviour and skills.

3bis The salary of employees who have had long-term absences during the evaluation period is changing only if they have nevertheless been present long enough for their benefits, behaviour and abilities to be assessed. 1

4 The interview with the employee and the personal evaluation shall be carried out in accordance with the guiding principles of personnel policy.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 16 Evaluation Criteria

(art. 4, para. 3, LPers)

1 Extra-professional criteria such as sex, age, language, position, nationality or religion should not be included in the personal assessment or in the determination of wages. Account must be taken of the influence that these criteria may have in the perception and judgment in the preparation and training of maintenance, and in the maintenance itself.

2 Contributors are informed of the key elements for the interview with the employee, for personal evaluation and for the determination of salary.

Art. 17 1 Evaluation scale

(art. 4, para. 3, LPers)

Employee benefits and behaviour are assessed at the following levels:

A.
Evaluation Level 4: Very well;
B.
Evaluation Level 3:
C. 2
Evaluation Level 2: Adequate;
D. 3
Evaluation Level 1: Not enough.

1 New content according to the c. I of O du 15 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3403 ).
2 Erratum of Dec 22. 2015 ( RO 2015 5919 ).
3 Erratum of Dec 22. 2015 ( RO 2015 5919 ).

Section 3 Coordination and reporting

Art. 18 Federal Department of Finance

(art. 5 LPers)

1 The DFF pilots and coordinates the personnel policy, taking into account the interests of the departments.

2 He delegates his skills to the staff questions department, provided that these competencies do not consist of laying down rules of law.

3 The Personnel Matters Service is the Federal Personnel Office (OFPER). It has the following tasks:

A. 1
Developing staff policy and policy on professional foresight and dealing with management issues;
B.
Preparing the Federal Council's personnel policy projects;
B Bis . 2
It applies the decisions of the Federal Council, provided that their execution has not been explicitly entrusted to the departments;
C. 3
It heads the Federal Government Training Centre as a provider of training and continuing training services at the level of the Confederation and provides the corresponding services, in particular in the fields of personnel, of Vocational training and the promotion of directional, personal and social skills;
D. 4
It defines the development of centralized information systems for federal government personnel and manages these systems; it can authorize the use of department-specific systems;
E.
Providing human and financial resource management tools;
F.
Coordinating the implementation of measures to promote equal opportunities and equal treatment for women and men;
G. 5
...
H. 6
Coordinating the implementation of measures to promote employment and the integration of persons with disabilities;
I.
Providing strategic control;
J.
Developing the basis for reports to the Federal Council and the Federal Assembly (art. 21);
K. 7
Advising and supporting departments in the implementation of staff policy and professional welfare policy;
L.
Manages a social counselling and staff advisory service;
M. 8
Ensuring internal communication at the Confederation level, as well as centralized information for federal staff;
N.
Maintaining close relations with the social partners;
O.
It centralizes the competitive process of job offers and develops inter-departmental strategies for the search for qualified personnel;
P. 9
It provides the necessary systems and tools for the implementation of measures in the fields of occupational safety and health protection and promotion.

1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 Introduced by c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
5 Repealed by c. II 3 of the O of August 27, 2014, with effect from 1 Er Oct. 2014 ( RO 2014 2987 ).
6 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
7 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
8 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
9 Introduced by c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 19 Departments

(art. 5 LPers)

The departments are responsible, in their field of activity, for the implementation of personnel policy and the application of defined instruments and systems. These include the following tasks:

A. 1
Implementing, coordinating and piloting the development of human resources and the organization, including the development of frameworks;
B.
Coordinating and piloting the use of human and financial resources;
C.
Organize human resources management and regulate skills;
D.
They coordinate the controlling of human resources in their field of activity with the strategic control of OFPER.

1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 1 Human Resources Conference

1 The Human Resources Conference includes representatives from all departments and is headed by OFPER.

2 It plays a key role in the development, coordination and implementation of the Federal Council's personnel policy and professional foresight policy, and in particular fulfils the following tasks:

A.
It examines the fundamental questions posed by the implementation of the Federal Council's personnel policy and professional foresight policy;
B.
Evaluates the development of instruments and systems and verifies their use.

1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. A 1 Mediation Service for Confederation Staff and Mediation Service for DDPS Personnel

(art. 5 LPers)

1 The Mediation Service for the Personnel of the Confederation and the Mediation Service for the Personnel of the Federal Department of Defence, Population and Sport Protection (DDPS Mediation Service) are responsible for To advise and support staff in workplace conflicts that cannot be resolved through the regular chain of command.

2 Members of the mediation services are appointed for a single period of four years. If no suitable successor has been found at the end of this period, the term of office may be extended for a maximum of two years.

3 Can be appointed to any person who has served as a senior executive in the federal government and is no longer a party to an employment relationship within the meaning of s. 1. The activity is carried out on a mandate. The members of the mediation services are not bound by instructions.

4 The members of the Mediation Service for the staff of the Confederation are appointed by the Head of DFF on the proposal of OFPER, in agreement with the Conference on Human Resources.

5 The DDPS Mediation Service Leader is appointed by the Chief of the SPPD on a proposal from the General Secretariat of the DDPS.

6 Members of the mediation services replace each other.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ). New content according to the c. I of the O of 13. 2013, in effect since 1 Er Jan 2014 (RO) 2013 3209).

Art. Reports

(art. 5 LPers)

1 FDFF regularly verifies that the federal government meets the objectives set out in the RAP and the enforcement provisions of that Act; it ensures that the reports are prepared.

2 These reports include:

A.
The composition of staff;
B.
Staff costs;
C.
The satisfaction of the work;
D.
Qualifications of staff.

3 The DFF reports annually to the Federal Council on the allocation of salaries between the four levels of assessment and the allocation of benefit premiums and other significant premiums or allowances, and sets out the financial implications. 1

4 Departments use the federal government's computerized personnel management system to establish appropriate reports in a timely manner.

5 FDFF may conduct investigations with staff and administrative units.


1 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).

Chapter 3 Creation, Modification and Termination of Work Reports

Art. Competition for posts

(art. 7 LPers)

1 Positions to be filled in the federal government are held at least in the electronic bulletin of the Confederation vacancies on the Internet. 1

2 The posts to be filled shall not be subject to public competition:

A.
For a term not exceeding 1 year;
B. 2
By internal recruitment within an administrative unit, with the exception of the posts referred to in Art. 2, para. 1, let. A, b and e;

B Bis . 3 Referred to in s. 2, para. 1, let. D;

C.
By temporary staff exchange (job rotation);
D. 4
In the context of the professional reintegration of sick or injured workers or the integration of people with disabilities;
E. 5
Which will be occupied by employees affected by a restructuring or reorganization.

3 The posts to be filled which are not excluded from the obligation of public competition shall be announced to the regional investment offices not later than one week before their publication in the electronic bulletin of the vacancies in the Confederation. 6


1 New content according to the c. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).
2 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4567 ).
3 Introduced by c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4567 ).
4 Introduced by c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
5 Introduced by c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).
6 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. Restricting access to posts

(art. 8, para. 3, LPers)

1 To the extent that the performance of tasks involving the exercise of public authority requires it, access to a position may be restricted to persons of Swiss nationality:

A.
By the Federal Department of Justice and Police (DFJP), for personnel involved in the international fight against crime and for personnel employed in the police or in criminal prosecution authorities;
B. 1
By the Federal Department of Defence, Population and Sports Protection (DDPS), for national defence personnel and the Federal Intelligence Service;
C.
By the DFAE, for staff assigned to the representation of Switzerland abroad;
D.
By DFF, for members of the Border Guard Corps;
E.
By the departments, for the staff of the department representing Switzerland in international negotiations;
F. 2
...

2 ... 3

3 If access to a position is limited, the competent authority under s. 2 indicates in the competition (s. 22).


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 Repealed by c. 1 of the appendix to the O of 7. 2005, with effect from 1 Er Jan 2007 ( RO 2005 4595 ).
3 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 24 Function Requirements

(art. 8, para. 3, LPers)

1 If required by the function, the competent authority under s. 2 may make the undertaking subject to conditions such as age, prior training or the exercise of civil rights.

2 Members of the staff of the DFAE subject to the discipline of transfers can only be hired for an indefinite period if they are exclusively Swiss nationals. The DFAE may provide for exceptions if the person concerned cannot renounce the other nationality for legal reasons.

3 If a person's activities relate to safety, his or her commitment after the conclusion of the contract of employment or retention may be subject to a medical assessment of his/her abilities. The DFF, in collaboration with the departments, establishes a list of the activities concerned and determines the frequency of the evaluation. 1


1 Introduced by ch. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. 25 Work Agreement

(art. 8 LPers)

1 Work reports shall be issued when the contract of employment is signed by the competent authority pursuant to Art. 2 and the person hired.

2 The contract of employment shall indicate the names of the parties to the contract and shall determine at least:

A.
The beginning and duration of the working reports;
B.
The function or area of activity;
C.
The place of work and the conditions relating to the transfer;
D.
Duration of the trial period;
E.
Occupancy rate;
F. 1
Salary class and salary;
G.
The rules on occupational foresight and the plan of foresight.

3 The employer may, without terminating the contract of employment and subject to the time limits laid down in Art. 30 A , para. 1 to 3: 2

A.
Changing the employee's function or area of work and place of work, if such change is imposed by reason of service and may reasonably be required;
B. 3
Integrate the employee into another organizational unit, if the change is part of a reorganization or reorganization.

3bis It may, without amending the contract of employment and for a period of no more than twelve months: 4

A.
Changing the employee's function or area of work and place of work, if such change is imposed by reason of service and may reasonably be required;
B.
Integrate the employee into another organizational unit, if the change is part of a reorganization or reorganization. 5

4 Personnel subject to the discipline of transfers may be assigned at any time by service instruction to another area of activity or to another place of work.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
4 Erratum of 4 August 2015, concerns only the Italian text ( RO 2015 2579 ).
5 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 26 1 Conditions of commitment laid down in the contract of employment

(art. 10, para. 3, let. F, LPers)

1 The contract of employment concluded with the Secretaries of State, the Directors of the Office and the Vice Chancellors of the Confederation provides that the termination of any fruitful collaboration with the Head of Department or the Chancellor of the Confederation Is a ground for ordinary termination of the contract by the employer under s. 10, para. 3, let. F, LPers.

2 If termination of the contract under para. 1 is proposed to the Federal Council, the factors that appear to exclude any fruitful collaboration should be set out in the proposal. The person concerned must have the opportunity to give his written opinion to the Federal Council.

3 The contract of employment with the Secretaries-General and the heads of the departments' information services provides that there is a ground for ordinary termination of the contract of employment by the employer under s. 10, para. 3, let. F, LPers when the Head of Department intends to no longer continue to work with such persons.

4 The contract of employment concluded with the personal staff of the heads of department provides that there is a ground for ordinary termination under s. 10, para. 3, let. F, LPers when the Head of Department:

A.
Does not intend to continue its cooperation with such persons;
B.
Leaves office.

5 The Federal Council may, at any time, report to the general officers of their function or command and assign them another function or command. The contract of employment with the General Officers provides that there is a pattern of ordinary termination under s. 10, para. 3, let. F, LPers when another function or command cannot be assigned to them.

6 The conditions of engagement referred to in paras. 1, 3, 4 and 5 may be fixed in contracts of employment with other employees only if the Federal Council has given its consent.

7 The employer may not apply the conditions of engagement provided for in paras. 1, 3 and 4 to the staff of the DFAE subject to the discipline of transfers.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 27 1 Trial period

(art. 8, para. 2, LPers)

1 The trial period is three months.

2 It may be extended to a maximum of six months for the following categories of personnel:

A.
Military personnel;
B.
Aspiring members of the border guard and civil customs authorities as well as the staff of the Precious Metals Control;
C.
Federal Contributions Administration Tax Inspectors;
D.
Persons hired by the Federal Council under s. 2, para. 1;
E.
Employees of the Confederation Intelligence Service who have regular access to sensitive information.

3 The parties may, by mutual agreement, delete the trial period or fix a shorter trial period.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 28 1 Specified duration work reports

(art. 9 LPers)

Fixed term employment reports should not be concluded for the purpose of circumventing the protection against dismissal under s. 10 LPers or the obligation to compete.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. Change in administrative unit

(art. 10 LPers) 1

1 An employee who, on his own initiative, changes an administrative unit within the meaning of s. 1, para. 1, must terminate its contract of employment. In such cases, the parties shall jointly fix the date of entry into the new unit. In case of disagreement, the time limits for leave under s. 30 A Are applicable. 2

2 If the new contract of employment immediately follows the old one, the provisions of Art. 336 C Of CO 3 Protection against dismissal shall also apply during the agreed trial period.

3 If there is a temporary transfer of personnel to another administrative unit within the meaning of s. 1, the contract of employment must not be terminated for the duration of that transfer. The parties shall jointly determine the conditions for the change of unit.

4 All work reports carried out without interruption within the administrative units under s. 1, para. 1, are taken into account for the calculation of leave periods. 4


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 RS 220
4 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. Amendment of the contract of employment

(art. 8, para. 1, and 13, LPers)

1 Any amendment to the contract of employment shall be made in writing.

2 If an agreement is not reached on an amendment to the contract, the contract must be terminated in accordance with the provisions of s. 10 LPers; cases referred to in s. 25, para. 3, 3 Bis And 4, are exceptions to this rule. 1


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. A 1 Time Frames

(art. 12, para. 2, LPers)

1 During the trial period, the contract of employment may be terminated for a period of seven days.

2 After the trial period, the indefinite contract may be terminated for the end of a month. The leave periods are as follows:

A.
Two months during the first year of service;
B.
Three months from the second to the ninth year of service;
C.
Four months from the tenth year of service.

3 If, after the probing period, the employer terminates the contract of employment of an employee engaged in a profession for which the application is weak or non-existent or which can only be exercised in an administrative unit within the meaning of s. 1, para. 1 (monopoly professions), periods of leave according to para. 2 are extended:

A.
One month from the first to the ninth year of service;
B.
Two months from the tenth year of service.

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


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. Termination of employment reports due to an employee's fault

(art. 19, para. 1 and 2, LPers)

1 The termination of the employment contract shall be deemed to be due to a fault of the employee if:

A. 1
The employer terminates it for one of the reasons set out in s. 10, para. 3, let. A to d, or 4, LPers or for another objective reason attributable to a fault of the employee;
B.
The employee refuses to take, from one of the employers defined in s. 3 LPers, another work that may reasonably be required of him;
C.
An employee subject to the transfer discipline of the DFAE who is engaged for an indefinite period of time renounces his own volition to Swiss nationality or has concealed or acquired from his own initiative another nationality (Art. 24, para. 2);
D.
The employee subject to the transfer discipline refuses to follow up on a transfer.

2 In cases falling under s. 10, para. 3, let. C, LPers, the competent authority under s. 2 may decide, for just cause, that the termination is considered not to be due to a fault of the employee. 2


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. A 1 Termination of working reports in case of incapacity to work due to illness or accident

(art. 10, para. 3 and art. 12, para. 2 LPers)

1 In the event of incapacity to work due to illness or accident, the employer may, once the trial period has elapsed, terminate the work reports in an ordinary manner no sooner than two years after the beginning of the incapacity to work. 2

2 If there was already a reason for termination under s. 10, para. 3, LPers prior to the onset of incapacity to work due to illness or accident, the employer may, upon expiry of the time limits set out in s. 336 C , para. 1, let. B, CO 3 , terminate work reports before the end of the period specified in para. 1, provided that the reason for termination was communicated to the employee prior to the commencement of the inability to work. An exception is termination within the meaning of s. 10, para. 3, let. C, LPers, provided that insufficient fitness or capacity is due to the employee's health. 4

3 In case of incapacity to work as a result of a new illness or accident or following a relapse of an illness or the sequelae of an accident, the period provided for in para. 1 shall start to run again, provided that the employee had previously had a working capacity corresponding to his or her occupancy rate for at least twelve months without interruption. Short-term absences are not taken into account. 5

4 If the employee refuses to cooperate in the implementation of rehabilitation measures under s. 11 A Or does not follow the doctor's orders in accordance with s. 56, para. 4, the employer may terminate the employment contract before the expiry of the period specified in para. 1, as long as a ground for termination under s. 10, para. 3 and 4, LPers was found.

5 If an employee has a partial disability of permanent employment and is recognized by disability insurance, the employer may terminate his employment contract due to insufficient capacity before the expiry of the period prescribed in para. 1, provided that he proposes another work that may reasonably be required of him. The termination may not occur before the payment of the disability pension begins.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).
3 RS 220
4 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).
5 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).

Art. 32 1

1 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 33 And 34 1

1 Repealed by Art. 7 of the O of 20 February 2013 on the retirement of the members of the special categories of staff, with effect from 1 Er Jul. 2013 ( RO 2013 771 ). See, however, disp. And trans. Art. 8 of this O.

Art. 34 A 1

1 Introduced by ch. II 3 of the O of 21 May 2008 amending the federal law as a result of the change in the foresight regime of PUBLICA ( RO 2008 2181 ). Repealed by Art. 7 of the O of 20 February 2013 on the retirement of the members of the special categories of staff, with effect from 1 Er Jul. 2013 (RO 2013 771). See, however, disp. And trans. Art. 8 of this O.

Art. 35 1 Limit Age

(art. 10, para. 2, LPers)

The competent authority referred to in Art. 2 may, in agreement with the person concerned, extend working reports beyond the ordinary age of retirement up to a maximum of 70 years.


1 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).

Chapter 4 Employer benefits

Section 1 Salary

Art. 36 1 Salary Classes

(art. 15 LPers)

The salary is based on the following salary classes:

Salary class

Maximum amount in francs

38

370 568

37

308 552

36

289,645

35

270 922

34

252,402

33

234,053

32

215,920

31

206,892

30

197 876

29

184 415

28

175 683

27

168,040

26

160 427

25

152,804

24

145,206

23

136,849

22

130,478

21

125,463

20

120 463

19

115,458

18

110 463

17

105,442

16

101 225

15

97 295

14

93,420

13

90 165

12

87 001

11

83,888

10

80,852

9

77 780

8

74,695

7

71,685

6

68,643

5

65 591

4

63,744

3

62,746

2

61,750

1

60,764


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. Departure Salary

(art. 15 LPers)

1 At the time of the undertaking, the competent authority under Art. 2 determines the salary of the person employed in the salary classes defined in s. 36. It takes into account in a fair measure its training and professional and extra-professional experience, as well as the labour market.

2 The DFF publishes each year indicative values used to set the salary.

Art. 38 Salary of part-time staff

(art. 15 LPers)

1 The salary, residence allowance and allowances paid to part-time employees are adjusted to their degree of occupancy. Art. 51 A Is reserved. 1

2 If the work schedule is irregular, it may be agreed with the employee for a daily wage, an average salary or an hourly wage.


1 New content according to the c. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).

Art. 38 A 1 Salary in case of reduced working capacity

(art. 15 LPers)

1 If an employee has a reduced working capacity due to health problems, the parties to the contract of employment may agree, by amending the contract:

A.
A higher occupancy rate than that laid down in the contract for the performance of the tasks; the salary and the residence allowance shall remain unchanged;
B.
A lower salary and residence allowance, corresponding to the working capacity, for an occupancy rate that remains unchanged.

2 The contract amendment is periodically reviewed by the employer. As soon as the employee reintroduces the required work capacity to perform his/her duties, the change must be cancelled.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 39 1 Salary Evolution

(art. 15 LPers)

1 The maximum amount of the salary class set out in the employment contract, including that which would result from an assignment to a higher class in accordance with s. 52, para. 6, is used as a basis for calculating salary changes based on personal assessment and experience.

2 If the benefits correspond to the assessment level 4, the salary is increased each year from 2.5 to 3 %, until the maximum amount of the salary class is reached. 2

3 If the benefits correspond to the evaluation level 3, the salary is increased each year from 1 to 2 %, until the maximum amount of the salary class is reached. 3

4 If the benefits correspond to the assessment level 2, the salary may be increased each year by up to 0.5 %, until the maximum amount of the salary class is reached. 4

5 If the benefits correspond to the assessment level 1, the salary may be reduced each year to a maximum of 2 % of the maximum amount of the salary class. 5

6 The federal Offices and the administrative units that are assimilated to the Offices shall fix the salary of the employee on the proposal of his direct supervisor. The departments, the federal offices or the administrative units that are assimilated to the Offices may define guidelines.


1 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).
2 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Oct. 2015 ( RO 2015 3155 ).
3 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Oct. 2015 ( RO 2015 3155 ).
4 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Oct. 2015 ( RO 2015 3155 ).
5 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. 40 1 Exceptional salary adaptations

(art. 15 LPers)

If an employee's salary is at a level that is too low relative to that of other employees, the competent authority under s. 2 can increase it. This adaptation may be carried out in one or more stages; it must not exceed 10 % of the maximum amount of the salary class set out in the employment contract. The appropriate salary must not exceed the maximum amount of the salary class.


1 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).

Art. Payment

(art. 15 LPers)

The salary is paid in thirteen units.

Art. 1 Special measures and responsibilities

(art. 15 LPers)

1 If the benefits correspond to the evaluation level 1, development measures or the assignment of a less demanding job should be provided. In such cases, account must be taken of difficult social situations. If these measures do not lead to any improvement in benefits, the working reports are terminated.

2 If the assigned position is assigned to a lower class, the salary class and salary are changed in the contract of employment. Art. 52 A Is not applicable.

3 The administrative units which have the competence to fix the salary and benefit premiums must ensure that their staff budget is respected.


1 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).

Section 2 Salary supplements

Art. 43 Residence Allowance

(art. 15 LPers)

1 The salary is in addition to a residence allowance that is based on the cost of living, taxes, importance and location of the place where the employment is performed.

2 The residence allowance must not exceed 6000 francs.

Art. 44 Compensation for higher prices

(art. 16 LPers)

1 The Federal Council decides on the extent of the compensation for the increase after having negotiated with the staff associations.

2 The compensation for the increase shall be paid on:

A.
Salary;
B.
The residence allowance;
C.
Allowances paid for work performed on Sundays and night work;
D.
The allowance for the service of permanence;
E.
The function premium;
F.
Special allowance;
G.
Labour market allocation;
H. 1
Family allowance and allowances supplementing it;
I. 2
The allowance for assistance to close relatives.

3 The maximum amounts set for the salary (art. 36) and residence allowance (art. 43) are increased in accordance with the increase,

4 ... 3


1 New content according to the c. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).
2 Introduced by c. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).
3 Repealed by c. I 1 of the O of 5 nov. 2008 on the optimisation of the staff salary system, with effect from 1 Er Feb 2009 ( RO 2008 5643 ).

Art. 44 A 1 Increase in real wage

(art. 15 LPers)

1 After negotiating with the staff associations, the Federal Council fixes the amount of the increase in the actual salary and the time at which it takes effect. It may not grant an increase in the actual salary to employees classified in certain wage classes where the situation prevailing in the labour market justifies such a measure, or adjust the amount of the increase in the real wage in Function of salary classes.

2 Employees whose work reports are not terminated at the time the increase becomes effective, or whose work reports are terminated as a result of the employee's retirement from retirement, are entitled to an increase in their actual salary Voluntarily anticipated or committed to another administrative unit within the meaning of s. 1, para. 1.

3 They are not entitled to an increase in their actual salary for employees who are less well assessed than before, but whose previous salary has been maintained nominally (s. 52 A ).

4 The increase in the actual salary is paid on the salary referred to in s. 36 and the function bonus referred to in s. 46. The maximum amounts of salary classes are adjusted to reflect the increase in the actual salary.

5 Compensation for price increases within the meaning of s. 44 paid at the time of entry into force of an increase in the actual salary is calculated on the basis of the amounts preceding the increase.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 45 Allowances

(art. 15 LPers)

1 Compensation may be awarded for:

A.
Work done on Sundays and night work;
B.
Service of permanence;
C. 1
Commitments made under fixed service plans.
2 The DFF defines the calculation method and the amount of the allowance.

1 Introduced by c. I of the O of 27 Nov 2009 ( RO 2009 6417 ). New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 (RO 2015 2243).

Art. Function Premium

(art. 15 LPers)

1 A bonus may be paid to employees who perform particularly demanding duties, but do not justify a sustainable assignment in a higher salary class.

2 The premium shall not exceed the difference between the maximum amount of the salary class set in the employment contract and the maximum amount of the salary class to which the function is assigned. 1


1 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).

Art. 1

1 Repealed by c. I 1 of the O of 5 nov. 2008 on the optimisation of the staff salary system, with effect from 1 Er Feb 2009 ( RO 2008 5643 ).

Art. 48 Special Allowance

(art. 15 LPers)

1 A special allowance may be granted for the purpose of compensating for the risks inherent in the function or the exercise of the function under difficult conditions.

2 The departments shall define in agreement with the DFF the quality of the entitlement, the risks and the conditions to be taken into account, as well as the method of calculation of the allowance and its amount.

Art. 1 Benefit Premiums

(art. 15 LPers)

1 A benefit premium can be allocated for above-average benefits and specific commitments.

2 No benefit premium can be allocated to employees whose benefits correspond to the assessment levels 1 and 2.


1 New content according to the c. I of O du 15 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3403 ).

Art. A 1 Unaided Bonus

(art. 15 LPers)

1 To reward specific benefits and commitments immediately, a spontaneous bonus can be allocated in kind up to a counter value of 500 francs.

2 No spontaneous premiums may be awarded to employees whose benefits correspond to the assessment level 1.


1 Introduced by ch. I of O du 15 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3403 ).

Art. B 1 Amount and fixation of premiums

(art. 15 LPers)

1 The cumulative amount of the benefit premium and the spontaneous bonus shall not exceed, in calendar year, 10 % of the maximum amount of the wage class set out in the employment contract. 2

2 The federal offices and the administrative units that are assimilated to the offices set the benefit premium and the spontaneous bonus on the proposal of the employee's direct supervisor.


1 Introduced by ch. I of O du 15 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3403 ).
2 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Jan 2016 ( RO 2015 3155 ).

Art. 50 Labour Market Allocation

(art. 15 LPers)

1 The competent authority under s. 2 may grant an employment-related allowance in order to attract or retain staff with recognised competence; this allocation represents 20 % of the maximum amount of the salary class set out in the employment contract. 1

2 The labour market allocation is granted after approval by DFF. The Federal Council shall decide on the grant of this allowance to the staff referred to in Art. 2, para. 1.


1 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).

Art. 1 Right to family allowance

The family allowance is paid until the child reaches the age of 18. For children undergoing training and children with a earning capacity (art. 7 of the 6 Oct LF. 2000 on the general part of social insurance law) 2 , it is paid until they reach the maximum age of 25 years.


1 New content according to the c. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).
2 RS 830.1

Art. A 1 Allowances Supplementing the Family Allowance

1 Competent service within the meaning of s. 2 provides the employee with allowances to supplement the family allowance where the allowance is less than the following amounts:

A.
4063 francs for the first child eligible for the allowances;
B.
2623 francs for any additional child eligible for the allowances;
C.
3000 francs for any additional child eligible for allowances that have reached the age of 16 years and who are trained.

2 The amount of allowances that supplement the family allowance is the difference between the threshold amount shown in para. 1 and the family allowance. The following are taken into account as family allowances:

A.
Family allowances received by other persons pursuant to the Family Allowances Act of 24 March 2006 2 ;
B. 3
Family allowances, child allowances or allowances for assistance received by the employee from another employer.

2bis If the employee is entitled to allowances for several children living in different families or households, additional allowances within the meaning of para. 1, let. A, are paid for the first child eligible for the allowances by household or family. 4

3 Employees with an occupancy rate of less than 50 % receive allowances that supplement the family allowance only in cases of thoroughness. If several employees are entitled to family allowances for the same child, allowances that supplement the family allowance shall be paid to them as long as their total occupancy rate is at least 50 %.

4 Allowances that supplement the family allowance may be paid to staff transferred or posted abroad, even if there is a right to a family allowance abroad within the meaning of s. 7, para. 1, let. A, of the order of 31 October 2007 on family allowances 5 . 6

5 Additional allowances according to para. 4 may also be paid for children of another bed and children who live abroad, provided that the conditions set out in s. 4 and 5 of the Family Allowances Order of 31 October 2007 7 Have been completed. 8


1 Introduced by ch. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).
2 RS 836.2
3 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
4 Introduced by ch. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).
5 RS 836.21
6 Introduced by ch. I of the O of 6 March 2009, in force since 1 Er Jan 2009 ( RO 2009 1137 ).
7 RS 836.21
8 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. B 1 Allowance for assistance to close relatives

Half of the amount of the allowance within the meaning of s. 51 A , para. 1, let. B may be paid to employees:

A.
Whose spouse or registered partner is permanently prevented from engaging in a gainful occupation due to serious illness;
B.
Who provide assistance to their close relatives under an order of an authority.

1 Introduced by ch. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).

Section 3 Evaluation of the

Art. Function Rating

(art. 15 LPers)

1 Each function is evaluated and assigned to a salary class.

2 Before assigning the function to a salary class, the competent authority under s. 2 requires the expertise of the assessment body referred to in s. 53.

3 The criteria for assessment are the training required, the scope of the duties, and the level of requirements, responsibilities and risks inherent in the function.

4 The DFF determines which functions are to be consistently classified throughout the federal government and determines the assignment of these functions to a salary class.

5 The departments regulate, in agreement with the DFF, the classification of functions which fall within their competence alone.

6 The competent authority under s. 2 may store up to 5 % of the posts in classes 1 to 31 in the class higher than that provided for in the ordinary evaluation of the function, provided that this measure is based on an extension of the function linked to the particular qualities of the Person hired. On the same condition, each department may store up to 5 % of the posts in classes 32 and above in the upper class to that provided for in the ordinary evaluation of the function, except for the posts referred to in Art. 2, para. 1 and 1 Bis . 1

7 ... 2

7bis Where the condition of assignment of a function to a higher class specified in para. 6 is no longer completed, the salary class and salary are changed in the employment contract. Art. 52 A Is not applicable. 3

8 For staff in training or hired on the basis of special conditions, the DFF may set a maximum salary below the maximum amount of the salary class 1. 4


1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4567 ).
2 Repealed by c. I of the O of 22 Dec. 2004, with effect from 1 Er Jan 2005 ( RO 2005 3 ).
3 Introduced by ch. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).
4 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).

Art. A 1 Assigning the function to a lower salary class

1 If the employee's function is assigned to a lower salary class or a less well-assessed function is assigned to the employee for reasons that are not attributable to the employee, the salary class is amended in the employment contract. If the salary exceeds the maximum amount set for this new class, the earned salary is maintained for two years. During this period, it is not indexed to higher prices and no increase under s. 39 shall not be granted as long as it exceeds the amount to which the employee may claim on the basis of the assessment of the function. The salary is adjusted to the effective value of the function after two years at the latest. 2

1bis For employees subject to s. 26, para. 5, the period of adjustment of the salary to the effective value of the function shall be at most four years. 3

2 If the function of an employee who is 55 years of age or older is assigned to a lower wage class or a less well-assessed function is assigned to the employee for reasons not attributable to him, the salary class is amended in the Contract of employment. The earned salary is maintained, but it is not indexed to higher prices and no increase under s. 39 shall not be granted as long as it exceeds the amount to which the employee may claim on the basis of the assessment of the function. This provision does not apply to employees referred to in s. 26, para. 5. 4

3 The Federal Council may adapt after two years the salary of the employee who was 55 years old at the time of the re-evaluation of the function and who was classified in class 32 or in a higher class before the revaluation, if the maximum amount fixed For the said class exceeds by more than 10 % the maximum amount fixed for the new class.


1 Introduced by ch. I of the O of 22 Dec. 2004, in effect since 1 Er Jan 2005 ( RO 2005 3 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. B 1 Supplements

1 As a general rule, the full and permanent complement of the direct superior is compensated by an additional salary class. It is possible to depart from this in particular when the employee:

A.
Would be placed in the same salary class as his direct supervisor if he was compensated by an additional salary class;
B.
Is not invested in the conduct of staff in the event of the absence of its direct supervisor.

2 If the substitute is terminated, the guarantee of the salary shall be paid in accordance with Art. 52 A .


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 1 Function Evaluation Bodies

(art. 15 LPers)

1 The bodies responsible for the evaluation of functions in the federal government are:

A.
The head of DFF, for the functions of classes 32 to 38;
B.
Departments for the functions of Classes 1 to 31.

2 Departments may delegate part of the assessment skills to the groups and offices directly subordinate to them.


1 New content according to the c. I of the O of 24 January 2007, in force since 1 Er Jan 2007 ( RO 2007 271 869).

Art. And 55 1

1 Repealed by c. I of the O of 24 Jan 2007, with effect from 1 Er Jan 2007 ( RO 2007 271 869).

Section 4 Social benefits

Art. 56 Right to salary in the event of sickness or accident

(art. 29 LPers)

1 In the event of incapacity to work due to illness or accident, the employer shall pay to the employee the full salary referred to in s. 15 and 16 of the LPGA for 12 months.

2 At the end of this period, the employer pays the employee 90 % of the salary for 12 months. The post-reduction salary must not be less than the compulsory accident insurance or the PUBLICA benefits to which the employee would be entitled in the event of disability.

3 If exceptional circumstances warrant, the payment of salary under para. 2 may continue until the completion of medical examinations or until an annuity is granted, but for up to an additional 12 months.

4 The benefits referred to in paras. 1 to 3 are allocated provided that a medical certificate is produced and the doctor's orders are followed. The competent authority under s. 2 may request that the employee be examined by a medical officer or by the medical service.

5 If employees are temporarily returning to work based on their occupancy rate after the onset of incapacity to work, the time limits set out in paras. 1 to 3 are extended the number of days during which they perform the full daily working time and meet the requirements set out in the job description. 1

6 The time limits set out in paras. 1 to 3 start to run again in case of incapacity to work due to new illness or accident. The relapse of an illness or the sequelae of an accident is considered to be a new disease or accident where the employee had previously had a working capacity corresponding to the employee's occupancy rate for at least 12 months without Interrupt. Short-term absences are not taken into account. 2

7 If an employee's employment contract is terminated under s. 31 A , para. 5, the obligation to pay the salary in accordance with paras. 1 and 2 remain as long as the contract terminated. The salary received under the new employment contract as well as the financial benefits of Disability Insurance and PUBLICA are charged against the salary paid. 3

8 At the end of the periods laid down in paras. 1 to 3, the employee loses any right to pay, whether or not the contract of employment remains. 4

9 In the case of a fixed-term employment contract, the payment of wages in accordance with paras. 1 and 2 no later than the end of the contract of employment. 5

10 In the case of an employee's illness or accident at an hourly rate, the salary to which he is entitled shall be calculated on the basis of the average salary earned during the twelve months preceding the commencement of his or her incapacity to work. If he has worked less than twelve months before his disability, the salary is calculated on the basis of the average salary he earned during the period he worked. 6


1 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).
2 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).
3 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
4 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
5 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
6 Introduced by ch. I of the O of 12 June 2015, in force since 1 Er Jan 2016 ( RO 2015 2243 ).

Art. 56 A 1 Benefits in case of illness or accident during foreign service trips

(art. 29 LPers)

The employer pays for the costs not covered by the employee's private insurance in the event of illness or accident during service trips abroad, provided that the benefits provided are reimbursed under the Act Federal Health Insurance Act of March 18, 1994 2 And the Federal Act of 20 March 1981 on accident insurance 3 .


1 Introduced by ch. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).
2 RS 832.10
3 RS 832.20

Art. 57 Reduction in the right to pay

(art. 29 LPers)

1 In the cases referred to in s. 56, para. 2 and 3, the social allowances are paid in full as long as the salary continues to be paid and then the entitlement to allowances is extinguished.

2 The reduction under s. 56 is not operated when the employee is absent due to a professional accident or occupational disease similar to such an accident.

3 The right to pay shall be reduced or eliminated if the employee has caused the illness or accident intentionally or by gross negligence or, consciously, has exposed itself to an extraordinary danger or initiated in a reckless undertaking.

4 If the employee refuses, without any legitimate reason, to cooperate in the implementation of the rehabilitation measures referred to in s. 11 A , the competent authority may reduce the right to pay under s. 56, para. 1 to 3, or delete it in severe cases. 1


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. Taxation of Social Insurance Benefits on Pay

(art. 29, para. 3, LPers)

1 The benefits of military insurance, the Swiss National Insurance Fund in the event of accidents (CNA) or other compulsory accident insurance are charged according to the occupancy rate on the salary to which the employee is entitled in the event of sickness And accident. Annuities and per diems for disability insurance are charged according to the occupancy rate to the extent that the sum of these annuities and allowances, wages and benefits due to military insurance, by the CNA or by another Compulsory accident insurance exceeds the salary to which the employee is entitled before reduction. 1

2 The right shall be reduced in accordance with the principles of the insurance institution when the employee stays in a hospital at the expense of military insurance, the CNA, another compulsory accident insurance or Disability insurance.


1 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. Military Service, Civil Protection and Civil Service

(art. 29, para. 1, LPers)

1 In the case of absence due to compulsory service in the Swiss army and civil protection and during the period of civil service, the full salary shall be paid. Benefits for loss of statutory gain accrue to the employer.

2 If the employee receives a pay supplement for the duration of the service, his or her salary is reduced accordingly. 1

3 If the employee has been hired for less than 4 years, the return of the salary paid during the basic instruction may be required as long as the salary exceeds the earnings loss allowance.

4 In the case of a voluntary service, the employee is entitled to a maximum of 10 daily wages per year.

5 Social allowances are paid in full.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 60 1 Payment of salary in the event of maternity

(art. 29, para. 1, LPers)

1 In the case of maternity absence, the full salary and social allowances are paid to the employee for four months.

2 The employee may, if she so wishes, stop working at least 2 weeks before the expected date of delivery.

3 If the right to the salary referred to in para. 1 ends before the expiry of the entitlement to the maternity allowance provided for in the Federal Act of September 25, 1952 on the Allowance for Loss of Gain (LAPG) 2 Due to the postponement of the payment of this allowance, only the maternity allowance provided for by the LAPG is paid to the employee for the period between the end of the right to pay and the end of entitlement to the allowance.

4 Cantonal regulations are reserved.


1 New content according to the c. I 2 of the O of 10 June 2005 introducing the maternity allowance in the legislation on the personnel of the Confederation, in force since 1 Er Jul. 2005 ( RO 2005 2479 ).
2 RS 834.1

Art. 60 A 1 Reduction in occupancy rate due to birth or adoption

1 Parents, after the birth or adoption of one or more children, and registered partners, after the birth of one or more children, are entitled in their function to a reduction of 20 % at most of the occupancy rate. However, the occupancy rate should not be less than 60 %. 2

2 The right to a reduction in the occupancy rate must be exercised within twelve months of the birth or adoption of the child.

3 The reduced rate work commences no later than the first day after the expiry of the twelve-month period under para. 2.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 , 2014 717).

Art. 61 Payment of salary in case of adoption

(art. 17 A , para. 4, LPers) 1

1 If the employee is absent because he/she receives young children for maintenance and education for later adoption, his/her salary is paid for 2 months.

2 If both adoptive parents work in the federal government, the entitlement to the payment of the salary is only valid for one of them. They can divide freely among themselves the 2 months of absence.

3 Cantonal regulations are reserved. 2


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 Introduced by ch. I 2 of the O of 10 June 2005 introducing the maternity allowance in the legislation on the personnel of the Confederation, in force since 1 Er Jul. 2005 ( RO 2005 2479 ).

S. 62 Payment of salary in the event of death

(art. 29, para. 2, LPers)

1 If the employee dies, his or her survivors receive a sixth of their annual salary.

2 The same rule applies to the payment of the allowance for assistance to close relatives within the meaning of s. 51 B . 1


1 New content according to the c. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).

S. 63 Benefits in case of a professional accident

(art. 29, para. 1 and 2, LPers)

1 In the event of a professional accident resulting in bodily injury, disability or death, or in the event of an injury to health due to a professional accident that is equivalent to a professional accident, the employer shall grant benefits to the person Concerned or its survivors, provided that the sum of the social insurance benefits is less than the threshold wage. Unique contributions can be made to cover extraordinary expenses related to the event.

2 DFF has the following tasks:

A.
Fixing the salary of the employee affected by the event or its survivors;
B.
It rules the granting of single contributions;
C.
It shall designate the competent authority for the granting of the employer's benefits.

Section 5 Working time, vacation, leave

Art. 64 Working Time

(art. 17 LPers)

1 The average work week is 41.5 hours. This duration is reduced by the occupancy rate for persons occupying a part-time position. The derogations applicable to frames are reserved. 1

2 ... 2

2bis ... 3

3 If special circumstances require a longer working time, the duration of the work week may be extended to a maximum of 45 hours. Working hours in addition must be compensated within one year.

4 Flexible working time models as well as the possibility of working part time or job sharing are offered to employees if the operation of the service permits. 4

4bis Employees shall make their working hours on the basis of the schedule to the year or according to the work schedule based on the trust provided for in s. 64 A For operational reasons, departments may propose, in addition, the mobile work schedule. 5

5 A 10 % increase in time is granted to the employee for regular and ordered work performed between 20 hours and midnight.

6 An increase in time of 30 % is granted to the employee for night work performed between midnight and 4 hours. This increase is also granted for work performed between 4 hours and 5 hours when the employee starts work before 4 hours. The time-up is increased from 30 to 40 % at the beginning of the calendar year in which the employee reaches age 55.

7 Instead of the time increments provided for in paras. 5 and 6, the employer may pay the employees of the industrial undertakings the majority of the increases provided for in s. 17 B The Labour Act of 13 March 1964 6 . 7


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).
2 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jan 2014 ( RO 2013 1515 ).
3 Introduced by ch. I of the O of 5 Dec. 2008 ( RO 2008 6411 ). Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jan 2014 (RO) 2013 1515).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).
5 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).
6 RS 822.11
7 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).

Art. 64 A 1 Confidence-based work schedule

(art. 17 LPers)

1 Employees applying the confidence-based work schedule must not register their working hours. They cannot compensate for overtime, overtime or the positive balance of the mobile schedule.

2 The work schedule based on trust is mandatory for employees classified in salary classes 30 to 38.

3 Employees classified in salary classes 24 to 29 may, in agreement with their supervisor, apply the confidence-based work schedule.

4 Employees who receive additional contributions from the employer within the meaning of s. 3, para. 2, let. A or b, of the order of 20 February 2013 on the retirement of the members of the special categories of staff 2 Cannot apply the confidence-based work schedule. 3

5 Employees applying the confidence-based work schedule receive annual compensation in the form of a cash compensation of 6 % of the annual salary, which replaces overtime compensation, hours Or the positive balance of the mobile schedule. The cash allowance may, on an exceptional basis and in agreement with the supervisor, be replaced by 10 days' compensation or a 100-hour bonus on an account for sabbatical leave. 4

6 Compensation days must be taken during the year in which the right to these days arises. If they cannot be involved because of illness, accident or maternity, they are taken the following year. If they are not taken for other reasons, they are lost without giving the right to compensation.


1 Introduced by ch. I of the O of 5 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6411 ).
2 RS 172.220.111.35
3 New content according to the c. I of the O of June 20, 2014, in force since 1 Er August 2014 ( RO 2014 2171 ).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).

Art. Overtime and Overtime

(art. 17 LPers)

1 If the service is to cope with an extraordinary overload of work or urgent work, the competent authority under s. 2 may order extra hours or overtime.

2 Hours of work carried out in addition to those agreed upon for a full-time position may be recognized as overtime if the time reserves of the mobile schedule and the schedule of the card are exhausted.

3 If a person occupying a part-time position works for a number of hours in excess of the number of hours agreed to in the contract, but less than the number of hours corresponding to a full-time position, and The mobile hours and the schedule of the card are exhausted, the hours worked in addition may be recognized as overtime.

4 Overtime and overtime shall be compensated for by free time of equal duration. Hierarchical superiors create in their field of activity the conditions to allow compensation.

5 Where overtime and overtime cannot be compensated for by free time, a cash allowance may be paid for up to 150 hours per calendar year if the situation warrants. This allowance is achieved by:

A.
100 % of salary converted to hourly wages, for extra hours and overtime worked within the maximum weekly working time of 45 hours;
B.
125 % of salary converted to hourly wages, for overtime worked beyond the maximum weekly working time of 45 hours.

6 A cash allowance may be paid only in exceptional cases to employees who belong to a salary class higher than Class 23. The award of a cash compensation to staff referred to in s. 2, para. 1, is subject to DFF approval.

7 A total of 100 hours maximum may be carried forward to the next calendar year or to an account for sabbatical leave for extra hours and overtime. 1


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).

Art. 66 1 Statutory Holidays

(art. 17 LPers)

1 Leave with pay is granted for holidays that fall on a working day.

2 New year, Saint-Berchtold, Good Friday, Easter Monday, Ascension, Pentecost Monday, National Day, Christmas and Saint-Etienne are considered as public holidays. December 24 and 31 are public holidays.

3 For other official holidays in the workplace falling on a working day and where employees do not work, the regulatory working time must be caught up in the course of the year or compensated for by holiday days.

4 If a holiday according to para. 2 is not considered to be an official holiday in the workplace, employees may work on that day. This unpaid leave with pay may be recovered during the calendar year in which it is granted.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).

Art. 67 Vacation

(art. 17 LPers)

1 The employee is entitled to:

A.
6 weeks of vacation per calendar year up to the year in which he is 20 years of age;
B.
5 weeks vacation per calendar year from the year in which it reaches the age of 21 years;
C.
6 weeks vacation per calendar year from the year in which he reached the age of 50;
D.
7 weeks of vacation per calendar year from the year in which he reaches the age of 60. 1

2 Vacation shall be fixed so as not to interfere with the performance of the work and to allow the employee to relax.

3 Vacation must be taken during the calendar year in which the right to vacation begins. If this is not possible for major operating reasons or because of an accident or illness, they must be taken the following year.

4 ... 2


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jan 2014 ( RO 2013 1515 ).
2 Introduced by ch. I of O of 1 Er May 2013 ( RO 2013 1515 ). Repealed by c. I of the O of 12 June 2015, with effect from 1 Er August 2015 (RO 2015 2243).

Art. 67 A 1 Reduction of Vacation

(art. 17 A LPers)

1 Vacation is reduced in proportion to the length of absence if, in a calendar year, the employee is absent from the position longer than:

A.
66 working days due to illness, accident or compulsory service;
B.
22 working days due to leave without pay.

2 To calculate the reduction of holidays according to para. 1, let. A, the first 66 days absent are not taken into account. Deemed days of absence are those during which the employee did not work at the employee's occupancy rate.

3 To calculate the reduction of holidays according to para. 1, the days of total and partial absence are added together, then the total is divided by the number of working days in the year concerned.


1 Introduced by ch. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. 68 Congés

(art. 17 LPers)

1 Employees who are or want to interrupt their work are required to request leave with pay, partially paid or unpaid, to the competent authority under s. 2; they must give reasons for their request.

2 The competent authority shall consider the application taking into account the reasons given by the person concerned and his employment situation. If the situation justifies it, it can also take into account its benefits and its behaviour.

3 The leave granted by the competent authority shall not exceed three years. Exceptions under s. 88, para. 1, let. A, are reserved. 1


1 Introduced by ch. I of the O of 15 June 2007 ( RO 2007 2871 ). New content according to the c. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 (RO) 2010 5793).

Section 6 Other Employer Benefits

Art. 69 Work instruments, equipment

(art. 18, para. 1, LPers)

1 The work instruments and equipment required by staff to carry out their work are provided.

2 If, after agreement with the employer, the employee uses work instruments and equipment belonging to the employer, compensation may be paid to the employee.

3 The provisions of paras. 1 and 2 also apply to employees who, after agreement with their employer, work on a full-time or part-time basis. No compensation shall be paid for the rental of private premises for professional purposes. Exceptionally, the competent authority under Art. 2 may, for fair reasons, pay compensation for the rental of such premises.

4 The departments set the terms and conditions in their field of activity. In particular, they determine whether there is a need to use work instruments and equipment.

Art. Service Outerwear

(art. 18, para. 1, and 21, para. 1, let. C, LPers)

1 The service clothing that employees are required to wear is provided free of charge, including the following:

A.
Must be recognizable by the public;
B.
Are particularly prone to inclement weather;
C.
Perform a work that salts, uses or damages clothing;
D.
Must comply with specific safety rules.

2 In the cases referred to in para. 1, let. B and c, an allowance may replace the provision of duty clothing if the situation so requires.

3 The departments set the terms and conditions in their field of activity.

Art. Personal service vehicles

(art. 18, para. 1, LPers)

1 Personal service vehicles may be provided when required by professional activity.

2 The authority that decides on the delivery of personal service vehicles is:

A.
The Federal Council, for the categories of staff defined in Art. 2, para. 1;
B.
The department, after agreement with the DFF, for the other categories of personnel.
Art. 72 Fee Reimbursement

(art. 18, para. 2, LPers)

1 The costs paid by the staff in the course of their professional activities shall be reimbursed. 1

2 The FDFF fixes the allowances paid for:

A.
Meals, accommodation and travel;
B.
Foreign service travel;
C.
Participation in international conferences;
D.
Moving for service reasons;
E.
Hospitality expenses.

1 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. Loyalty Bonus

(art. 32, let. B, LPers)

1 A fidelity premium is granted after 10 years of work and every 5 years until the employee has completed 45 years of work. 1

2 The fidelity premium consists of:

A. 2
...
B.
Half the monthly salary after 10 years and 15 years of work;
C.
A monthly salary after each new 5-year work period. 3

3 The fidelity premium is in principle paid in cash. In agreement with the supervisor, it may, on an exceptional basis, be taken in the form of leave with pay. 4

4 The competent authority under s. 2 may refuse to pay all or part of the fidelity premium to employees whose benefits or behaviour are only partially satisfactory.

5 Non-disruptive work reports to employers under s. 2, para. 1, let. F and g, LPers and within administrative units as per s. 1 is taken into account when calculating the number of years of work, regardless of the occupancy rate. The period of apprenticeship within the meaning of the legislation on vocational training and the related courses are not taken into account. 5


1 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Jan 2016 ( RO 2015 3155 ).
2 Repealed by c. I of the O of Sept. 11. 2015, with effect from 1 Er Jan 2016 ( RO 2015 3155 ).
3 New content according to the c. I of the O of 5 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6411 ).
4 New content according to the c. I of the O of 5 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6411 ).
5 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

S. 74 Inventions, proposals for improvements

(art. 32, let. C, LPers)

1 The departments create the conditions conducive to innovative behaviour and the development and implementation of inventions and proposals for improvement.

2 The realization of innovations can be rewarded with cash benefits or other benefits of the same value.

Art. 75 Support of collective facilities for staff

(art. 32, let. E, LPers) 1

1 In order to improve working conditions or individual organisation of work, the employer can support collective facilities for staff, including:

A.
Childcare facilities;
B.
The operation of staff restaurants, cafeterias and other equipment enabling staff to recharge their batteries;
C.
The purchase of residential accommodation.

2 In addition, advantageous conditions may be granted for the capital invested with the Federal Personnel Savings Fund. 2

3 Departments can support activities to promote relationships between active and retired employees.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 75 A 1 Extrafamilial Home of Children

(art. 4, para. 2, let. I, and 31, para. 2, LPers)

1 The employer shall contribute to the costs incurred by the person employed in the extrafamilial reception of children.

2 The DFF rules the amount of the contribution.


1 Introduced by ch. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5793 ).

Art. 75 B 1 Right to reimbursement of the costs of the extrafamilial hospitality of children

(art. 4, para. 2, let. I, and 31, para. 2, LPers)

The employee is entitled to reimbursement of the costs of the extrafamilial hospitality of children:

A.
When it is invested with parental authority and lives alone or forms a common household in which the second parent or partner is engaged in a gainful occupation or is in training;
B.
When a relationship of filiation within the meaning of s. 252 of the Civil Code 2 Is established between the employee and the child received and the child is in the custody of the child, or when the child is collected by the child, or when the child is a child of another bed;
C.
Where the child is received by third parties for remuneration:
1.
In a structure or by an association of day parents proposing to take full or part-time care of pre-school children, or
2.
By other individuals with whom there are contractual relations subject to social insurance; and
D.
When the monthly gross income of the persons forming a common household referred to in the let. A or the monthly gross income of the person alone invested with the parental authority, including the share of the thirteenth month of pay, shall not exceed 20 000 francs.

1 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).
2 RS 210

Art. 75 C 1 Duration of the right

(art. 4, para. 2, let. I. 31, para. 2, LPers)

1 The right to reimbursement shall be extinguished when the child is admitted to school.

2 The right to reimbursement shall be maintained during:

A.
A maternity leave referred to in s. 60;
B.
90 days in case of incapacity to work due to illness or accident of the employee or partner;
C.
90 days from the start of the partner's unemployment period.

3 It shall not be granted in the case of leave without pay from the employee or partner.


1 Introduced by ch. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).

Art. 76 1 Granting of discounts to staff

(art. 32, let. G, LPers)

The DFF fixes the discounts.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 77 Costs of proceedings and costs

(art. 18, para. 2, LPers)

1 The departments reimburse the costs of the proceedings and the costs to employees involved in civil or criminal proceedings because of their professional activity:

A.
Whether the procedure relates to this activity;
B.
The act was not committed intentionally or by gross negligence; and
C.
Whether the Confederation has an interest in holding the trial.

2 As long as the court has not delivered its judgment, only guarantees for the reimbursement of costs are given. Exceptionally, the fees may be paid for just cause before the court has rendered its judgment.

S. 78 Payment of allowances

(art. 19, para. 3 and 4, LPers) 1

1 Receive the compensation referred to in s. 19, para. 3, LPers: 2

A. 3
Employees in a monopoly position and employees occupying a highly specialized function;
B.
If they have worked continuously for 20 years in one or more of the administrative units within the meaning of s. 1;
C.
If they are more than 50 years old.

2 Compensation under s. 19, para. 4, LPers may be paid upon termination of the contract of employment: 4

A.
Secretaries of Etat;
B.
Office Directors;
C.
General Officers;
D.
Secretaries-General of departments;
E.
Heads of departmental information services;
F.
The Vice Chancellors of Confederation;
G.
Personal staff of the heads of departments;
H.
Other senior managers, in particular cases;
I.
Employees in the contract of employment of which a condition of commitment referred to in s. 26, para. 6;
J.
Employees to whom a social plan applies;
K.
DDC staff.

2bis The allowances referred to in paras. 1 and 2 may also be paid when the termination of the working reports is made by mutual agreement. 5

3 No compensation shall be paid to persons:

A.
Who find employment with one of the employers defined in s. 3 LPers;
B. 6 ...
C.
Whose employment contract is terminated pursuant to s. 31. 7

4 Persons who have collected the compensation referred to in s. 1 or 2 and are engaged by one of the employers defined in s. 3 LPers within one year of termination of their employment contract shall return all or part of the allowance. 8

5 If the allowance is allocated in the form of a payment in instalments, the full amount must have been paid no later than 12 months after the end of the working reports. 9


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
5 Introduced by ch. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).
6 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).
7 New content according to the c. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).
8 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
9 Introduced by ch. I of the O of 22 Dec. 2004 ( RO 2005 3 ). New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 (RO 2015 2243).

Art. 1 Amount of allowance

(art. 19, para. 4 Bis And 5, let. A, LPers) 2

1 The compensation referred to in s. 78, para. 1, 2, and 2 Bis , represents at least one monthly salary and at most one annual salary. 3

2 If there is termination for the reason referred to in s. 26, para. 1 or if there is a termination of a contract of employment of a Secretary-General under s. 26, para. 3, the amount of the allowance is an annual salary.

3 Allowances for persons referred to in s. 2, para. 1, must be approved by the Federal Council. 4

4 When fixing the allowances, account shall be taken, in particular, of the age of the employee, of his professional and personal situation, of the total duration of his employment with the administrative units within the meaning of Art. 1 and the termination period.

5 The calculation of the allowances is based on the elements of the insurable earnings in Schedule 2 that would be collected by the employee on the day the allowances were due. The benefit premium is not taken into account. 5

6 And 7 ... 6


1 New content according to the c. I of the O of 22 Dec. 2004, in effect since 1 Er Jan 2005 ( RO 2005 3 ).
2 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).
3 New content according to the c. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
5 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
6 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 80 1 Repair of damage not covered due to exclusion clauses

1 If an employee has suffered injury, without fault, in the course of his professional activity and the compensation for that damage is refused on account of the exclusion clauses of a private supplementary insurance, he shall be compensated for the loss Benefits arising therefrom.

2 Before making a decision, the employer shall consult with the Federal Finance Authority to the extent that the claim corresponds to an amount of more than 5000 francs.


1 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Section 7 Employer benefits in the event of transfer, assignment abroad or engagement in international organizations

Art. Allowance for inconvenience and mobility allowance

(art. 18, para. 2, LPers)

1 Staff transferred or posted abroad receive compensation that compensates for the disadvantages, restrictions and risks associated with the rotation system, the discipline of transfers and the difficulties of living conditions abroad (allowance for inconvenience). The amount of such compensation shall be determined, inter alia, on the basis of the number of transfers, personal situation, degree of occupation, age and length of stay abroad.

2 A mobility allowance shall be paid from the third transfer. Staff subject to the discipline of transfers also receive this allowance when their place of work is in Switzerland.

Art. Allowance for cover of costs

(art. 18, para. 2, LPers)

1 An allowance is provided for the coverage of expenses related to the stay abroad and the function performed.

2 When fixing this allowance, the additional costs or savings resulting from the stay abroad are taken into account to a fair extent.

3 The additional costs are covered in particular:

A.
Compensation for costs;
B.
Adaptation to the increase in purchasing power of the duty station;
C.
By the lump-sum allowance for public relations work.

4 The following are taken into account for the savings resulting from the stay abroad:

A.
Tax exemption;
B.
The adjustment to the purchasing power of the duty station.
Art. 83 Adaptation to purchasing power

(art. 18, para. 2, LPers)

1 The adjustment to purchasing power corrects the difference between the price level of consumer goods and benefits at the duty station and the price level of consumer goods and services in Berne. It takes into account the special circumstances affecting the cost of living at the duty station and the official exchange rate.

2 The adjustment to purchasing power, whether up or down, relates to all or part of the salary, on allowances that supplement the family allowance referred to in s. 51 A , on the allowance for assistance to close relatives, on the flat-rate allowances allocated for public relations work and on the cover of costs in the workplace. 1

3 ... 2


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 Introduced by ch. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, ( RO 2008 145 ). Repealed by c. I of the O of 6 March 2009, with effect from 1 Er Jan 2009 (RO) 2009 1137).

Art. 84 Accounting for the Tax Exemption

(art. 18, para. 2, LPers)

1 The tax exemption granted to staff on the basis of international agreements is taken into account in the fixing of wages and other benefits.

2 The resulting savings are charged against the benefits under s. 81 and 82.

Art. 85 Loan grant

(art. 18, para. 2, LPers)

Staff transferred abroad can obtain a loan to deal with major installation and equipment costs or other expenses.

Art. 86 Benefits in case of sickness

(art. 29 LPers)

1 The employer shall bear the additional insurance costs incurred by the foreign stay of the employee sent there, his spouse, his registered partner and those of their children who qualify for an allowance Family. 1

2 The FDFA may settle in accordance with the DFF, as part of a group insurance contract with a recognized sickness fund, the obligation to insure, the insurance benefits, and the contribution of the Confederation.


1 New content according to the c. 2 of the appendix to the O of 31 Oct. 2007 on family allowances, in force since 1 Er Jan 2009 ( RO 2008 145 ).

Art. Repair damage

(art. 18, para. 2, LPers)

1 Personnel sent abroad who, without fault, have suffered damage to their heritage, in particular as a result of acts of war, as a result of a revolution or riot or for any other reason resulting from their stay abroad, may Obtain compensation.

2 The AWF fixes the amount of compensation on a case-by-case basis, following an agreement with the DFF.

Art. Benefits in case of commitments in international organisations

(art. 17 A LPers) 1

1 In particular, the following benefits may be granted to staff in order to promote their involvement in international organisations:

A. 2
Grant of leave with pay, partially paid or unpaid for up to ten years;
B.
Payment of costs related to the employee's involvement in the international organization, to the extent that such costs are not compensated by the international organization.

2 International organizations, as defined in this provision, mean institutional beneficiaries within the meaning of s. 2, para. 1, let a, b, c, h, i, j, k, l and m of the Law of 22 June 2007 on the Host State 3 Have their headquarters in Switzerland or abroad. 4

3 At the end of their engagement in international organizations, the persons referred to in s. 2, para. 1, except Heads of Mission, are employed in the function which was their prior leave or in any other function that may reasonably be required of them. If this is not possible, the working reports shall be terminated in accordance with Art. 10, para. 3, let. E, LPers and severance pay equal to the maximum of an annual salary shall be paid. 5


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 RS 192.12
4 Introduced by ch. 4 of the Annex to the O of 7 December 2007 on the Host State, in force since 1 Er Jan 2008 ( RO 2007 6657 ).
5 Introduced by ch. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).

Chapter 4 A 2 Professional foresight

Section 1 Determining salary

Art. A Insurable earnings

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

1 Under the terms of the regulations, the salary and the elements of the salary under Schedule 2 are insured with PUBLICA and are not covered by the employer's benefits under s. 81 to 83. 1

2 If no compensation for the increase is paid to an employee under s. 52 A , or if the employee's salary is reduced under s. 56, para. 2 and 3, the previous insurable earnings remain unchanged until the compensation for the increase is paid again or the right to the salary in the event of illness or accident is extinguished. 2

3 ... 3

4 When measures are taken in the event of restructuring or reorganisation under Art. 104, insurable earnings are determined by social plan. 4


1 New content according to the c. II 3 of the O of 21 May 2008 amending the federal law as a result of the change in the foresight regime of PUBLICA, in force since 1 Er Jul. 2008 ( RO 2008 2181 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 Repealed by c. I of the O of 20 June 2014, with effect from 1 Er August 2014 ( RO 2014 2171 ).
4 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. B Announcement

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

The insurable earnings are advertised to PUBLICA as the qualifying salary by the competent authority under s. 2.

Section 2 Employer benefits

Art. C Participation in buyback

(art. 32, let. A, LPers)

The competent authority under s. 2 may participate in the regulatory buyout by financing it through its staff credits if, in a new commitment, the foresight seems inadequate in view of the importance of the person's function and qualifications.

Art. D Leave

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

1 In the case of leave without pay or partly paid, the insurance coverage shall remain unchanged for at least two months.

2 The competent authority under s. 2 which gives the employee leave without pay or in part with pay of more than two months to be agreed with the employee prior to the commencement of the leave, whether or not to maintain insurance and the obligation to contribute from the third month of leave and, The terms and conditions of such maintenance.

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

4 The employee's contributions while on leave are deducted from his or her salary as soon as the work is resumed.

Art. D Bis 1 Maintenance of foresight after a reduction in salary

1 Where the insured salary of an employed person is reduced by half at the most after the age of 58, the foresight may at his request be maintained at the level of the last insurance cover (art. 33 A LPP 2 ); to that end, the person employed must pay not only his own savings but also those of the employer and the risk premium on the part of the salary insured up to that date corresponding to the reduction in salary.

2 General salary adjustments, such as salary increases in real terms and overall classification corrections, do not affect the contributions paid on the part of the wage reduction.

3 If the reduction in the insured salary is in the interest of the competent authority within the meaning of s. 2, the latter may take at least half of the savings and risk premium intended for the maintenance of foresight, and charge the costs to the staff budget. This contribution may be temporary.


1 Introduced by ch. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5793 ).
2 RS 831.40

Art. D Ter 1 Maintenance of foresight after age 65

Where the employer and the employee agree to maintain employment relations beyond the age of 65, the old-age pension of the employed person may be maintained, at his request, until the end of his gainful occupation, but at the Later until she reached the age of 70 (art. 33 LPI 2 ). In this case, the competent authority funds the employer's savings contributions.


1 Introduced by ch. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5793 ).
2 RS 831.40

Art. E Professional Invalidity

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

1 The competent authority under s. 2 requests PUBLICA to provide a professional disability benefit to the employee: 1

A.
He has reached the age of 50;
B.
If the medical service finds, at the request of the competent authority under Art. 2, that, for reasons of health, the employee is unable to exercise or may exercise only in part the activity that he or she carried out so far or any other activity reasonably expected to be required of him;
C. 2
Whether a decision of the competent AI Office excluding the right to an annuity or providing only a partial annuity under the Federal Disability Insurance Act of June 19, 1959 (ATIA) 3 Entered into force;
D.
If rehabilitation measures within the meaning of s. 11 A Did not have any effect, without the employee's fault.

2 The provisions of the right to professional invalidity pensions and their nature and amount are set out in the Provident Regulations of 15 June 2007 for persons employed and beneficiaries of the Provident Fund of the Confederation (RPEC) 4 .

3 In agreement with the DFF, the DDPS may depart from the age set out in para. 1, let. A, for flight service employees.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
3 RS 831.20
4 RS 172.220.141

Art. F 1 Employer's contribution to the financing of the transitional annuity

(art. 32 K LPers)

1 The employer participates in the financing of the transitional pension if the employee:

A.
Voluntarily retiring full or partial early retirement;
B. 2
Has been employed, immediately prior to early retirement, for at least five years with employers under s. 2, para. 1, let. F or g, LPers or administrative units under s. 1; and
C.
Requests the payment of a full transitional annuity or a transitional semi-annuity.

2 The maximum amount of the full transitional pension corresponds to the maximum old-age pension of the AVS.

3 The calculation of the actuarial costs of a transitional pension takes into account the number of years of work, the average occupancy rate during these years of work and the percentage of the prescribed old-age pension to be collected.

4 Working relationships with employers under s. 2, para. 1, let. F and g, LPers and within administrative units as per s. 1 shall be taken into account in calculating the number of years of work and the average degree of occupation, provided that they have not been interrupted for more than three years. Years of work started are accepted as full years after completion of the sixth month. The period of apprenticeship within the meaning of the legislation on vocational training and the related courses are not taken into account. 3

5 The percentage contribution of the employer to the financing of the transitional annuity is set out in Schedule 1. In the case of early retirement after the age of 62, it is reduced by one twenty-fifth per year missing up to 25 E Past year of work.

6 The administrative unit in which the employee worked immediately before his early retirement examines whether the conditions for granting a transitional pension are met and calculates the average degree of occupation of the employee.


1 New content according to the c. I of the O of June 20, 2014, in force since 1 Er August 2014 ( RO 2014 2171 ).
2 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).
3 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Section 3 ...

Art. G To 88 J 1

1 Repealed by Art. 7 of the O of 20 February 2013 on the retirement of the members of the special categories of staff, with effect from 1 Er Jul. 2013 ( RO 2013 771 ). See, however, disp. And trans. Art. 8 of this O.

Section 4 3 Joint bodies for the Federal Supervision of Financial Markets and the Staff Pension Fund of the Public Prosecutor's Office 4

Art. K

1 The Federal Financial Market Supervisory Authority regulates the composition, election procedure and organization of the joint body of its contingency fund. 1

2 Only members of the joint body of competent persons may be elected and able to carry out their task of management. 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 New content according to the c. 6 of the annex to the O of 12 Nov 2008 on the IFSN, in force since 1 Er Jan 2009 ( RO 2008 5747 ).

Art. L 1

1 Introduced by ch. I of the O of 24 Nov 2010 ( RO 2010 5793 ). Repealed by c. I of the O of 20 Nov 2013, with effect from 1 Er Jan 2014 (RO) 2013 4397).

Chapter 5 Duties of staff

Art. 89 Place of residence

(art. 21, para. 1, let. A, and 24, para. 2, let. A, LPers)

Departments may, after agreement with the DFF, require certain categories of staff to reside in a specific location to the extent that the needs of the service require it.

Art. Service accommodation

(art. 21, para. 1, let. B, LPers)

1 The DFF defines the principles applicable to the use of service accommodation and the amount to be paid as such.

2 The departments set the terms and conditions in their field of activity.

Art. 91 1 Accessorial Activity

(art. 23 LPers)

1 Employees advertise to their superior all public expenses and paid activities that they perform outside of their work reports.

1bis Non-remunerated activities must be announced if the risk of conflict of interest cannot be excluded. 2

2 Expenses and activities within the meaning of paras. 1 and 1 Bis Require authorization if they: 3

A.
Mobilize the employee to a degree that could jeopardize his or her benefits in the activity carried on on behalf of the Confederation;
B.
May, by their nature, conflict with the interests of the service.

3 If any risk of conflict of interest cannot be ruled out in the particular case, the authorisation shall be refused. In particular, conflicts of interest may arise in relation to the following activities:

A.
Advice or representation of third parties for matters that are part of the duties of the administrative unit to which the employee belongs;
B.
Activities in relation to warrants executed on behalf of the Confederation or that the Confederation must allocate in the short term.

4 Employees engaged in Swiss representation abroad need, in all cases, an authorization from the DFAE to carry out paid activities. The employees of the DFAE career services also need authorisation when they work in Switzerland. Employees regularly report their activities to the AWF. This rule governs the terms.

5 The FDFA may provide, for persons accompanying employees engaged in Swiss representation abroad, an obligation to advertise and authorize the activities remunerated.


1 New content according to the c. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).
2 Introduced by ch. I of the O of August 15, 2012, in force since 15 Sept. 2012 ( RO 2012 4483 ).
3 New content according to the c. I of the O of August 15, 2012, in force since 15 Sept. 2012 ( RO 2012 4483 ).

Art. 92 Obligation to Return Income to Confederation

(art. 21, para. 2, LPers)

1 An employee who is employed by a third party in a contract of employment with the Confederation shall pay the employee's income for that activity if the sum of that activity and the salary exceeds in a calendar year 110 % of the maximum amount of the salary class set out in the employment contract. They must provide all the required guidance to the competent authority under s. 2. 1

2 If the activity carried on for the benefit of third parties serves important interests of the Confederation, the employee may be exempted entirely or partially from the obligation to remit income to the Confederation.

3 The DFF defines the income to be taken into account and rules the way that income is remitted.


1 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).

Art. 93 1 Acceptance of gifts and other benefits

(art. 21, para. 3, LPers)

1 The acceptance of low-level benefits in accordance with social practices is not considered to be an acceptance of gifts within the meaning of the Act. A small advantage is any gift in kind that does not exceed 200 francs in market value.

2 Employees participating in a procurement or decision process are also prohibited from accepting low-level benefits that are consistent with social uses:

A.
If the benefit is provided by:
1.
An actual or potential bidder,
2.
A person participating in or affected by the decision-making process; or
B.
If it is not possible to exclude any link between the award of the benefit and the procurement or decision process.

3 If the employee cannot refuse a donation for reasons of politeness, the employee shall deliver it to the competent authority under s. 2. The acceptance of donations by politeness must serve the general interest of Confederation. The acceptance and possible realization of such gifts shall be carried out by the competent authority in accordance with Art. 2 and take place for the benefit of the Confederation.

4 In case of doubt, the employee examines with his or her supervisor whether or not the benefits can be accepted.


1 New content according to the c. I of the O of August 15, 2012, in force since 15 Sept. 2012 ( RO 2012 4483 ).

Art. 93 A 1 Invitation

(art. 21, para. 3, LPers)

1 Employees decline any invitation to restrict their independence and freedom of action. With the written permission of their superior, they refuse invitations abroad.

2 Employees participating in a procurement or decision process are also prohibited from accepting an invitation:

A.
If the invitation comes from:
1.
A successful or potential bidder,
2.
A person participating in or affected by the decision-making process; or
B.
If it is not possible to exclude any link between the solicitation and the procurement or decision process.

3 In case of doubt, the employee reviews with his or her supervisor whether the invitation may or may not be accepted.


1 Introduced by ch. I of the O of August 15, 2012, in force since 15 Sept. 2012 ( RO 2012 4483 ).

Art. 94 Professional secrecy, business secret and function secrecy

(art. 22 LPers)

1 Personnel shall be required to keep the secrecy of the affairs of the service which must be kept confidential by their nature or by virtue of legal requirements or instructions.

2 The obligation to maintain secrecy of function and professional secrecy remains after the end of the working reports.

3 An employee shall not, as a witness or as a witness or expert, lay down any findings relating to his or her duties, either as a result of his or her duties or in the performance of his or her duties, except with the written authorization of the authority Competent under s. 2.

4 Art. 156 of the Act of 13 December 2002 on Parliament 1 Is reserved. 2


1 RS 171.10
2 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Art. 94 A 1 Recusal

(art. 20 LPers)

1 Employees will recuse themselves when they have a personal interest in a case or may be biased for other reasons. The appearance of bias is sufficient to motivate the recusal.

2 The following are deemed to be grounds of bias:

A.
Any relationship of particular closeness, friendship or personal enmity between the employee and a natural or legal person involved in a case or participating in or affected by a decision-making process;
B.
The existence of an offer of employment of a natural or legal person involved in a case or participating in or affected by a decision-making process.

3 Employees shall inform their superiors in good time of any unavoidable reason for bias. In case of doubt, it is up to the superior to decide on the recusal.

4 Employees who are required to make or prepare a decision are subject to s. 10 of the Federal Act of 20 December 1968 on administrative procedure 2 .


1 Introduced by ch. I of the O of 27 Nov 2009 ( RO 2009 6417 ). New content according to the c. I of the O of August 15, 2012, in force since 15 Sept. 2012 (RO 2012 4483).
2 RS 172.021

Art. 94 B 1 Timeout Period

1 The competent authority within the meaning of Art. 2 may be suitable for employees referred to in s. 2, para. 1, let. A, b and d, and 1 Bis As well as with other employees who have a decisive influence on decisions made on a case-by-case basis or having access to essential information about a waiting period after the end of the working reports should be expected Whether their future activity, whether paid or unpaid, to certain employers or principals leads to a conflict of interest.

2 In particular, there is a conflict of interest where:

A.
The new activity could damage the credibility and reputation of the administrative unit concerned or the Confederation;
B.
The influence of the persons referred to in para. 1 on decisions taken on a case-by-case basis or their access to information may suggest that they are no longer independent when a change of position is made to an employer or principal concerned.

3 The waiting period shall be at least six months and not more than twelve months, including a possible period of suspension.

4 An allowance may be agreed upon for the waiting period. Based on the economic damage expected in each case, it is equal to the amount of the current wage according to Annex 2, net of all income, allowances and benefits received during that period.

5 A person who receives a waiting period allowance shall be required to declare to the competent authority within the meaning of s. 2 the income, allowances and benefits received during that period.

6 Reimbursable waiting time allowances must be reimbursed.


1 Formerly art. 94 A Al. 2. Introduced by c. I of the O of August 15, 2012 ( RO 2012 4483 ). New content according to the c. I 2 of the O of 25 nov. 2015 on the waiting period, in force since 1 Er Jan 2016 (RO) 2015 5019).

Art. 94 C 1 Own Account Operations

(art. 20 LPers)

1 Employees shall not use information not made public that they have been aware of in the course of their function in order to obtain benefits for themselves or for a third party.

2 Employees who have, in particular, information not made public whose disclosure may influence the course of securities and foreign currency in a predictable manner do not have the right to use them to carry out transactions on account of Specific to these securities or currency. Purchases of currency to cover daily needs are permitted at all times.

3 By operation for own account, any legal transaction is defined as:

A.
The employee performs on his or her own behalf, whether on his or her own account or on behalf of a third party;
B.
The employee arranges for relatives; or
C.
That the employee is engaged by a third party, in particular to conceal his or her own identity.

4 Legislation on financial market infrastructure and criminal law is reserved. 2


1 Introduced by ch. I of the O of August 15, 2012, in force since 15 Sept. 2012 ( RO 2012 4483 ).
2 New content according to the c. 1 of annex 1 to the O of 25 Nov 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5413 ).

Art. 94 D 1 Concretization of behavioural obligations

(art. 20 LPers)

1 The departments and the administrative units may adopt directives concerning art. 91 to 94 C And aimed at preventing conflicts of interest, the appearance of conflicts of interest and the misuse of information not made public.

2 In particular, they may regulate in a more strict manner or prohibit the acceptance of low-level benefits in accordance with social practices and invitations as well as transactions for their own account.


1 Introduced by ch. I of the O of August 15, 2012, in force since 15 Sept. 2012 ( RO 2012 4483 ).

Art. 95 Specific duties of personnel posted abroad

(art. 24, para. 2, let. B, LPers)

1 The employer may require employees posted abroad to inform them if they:

A.
Belong to an association;
B.
Leave their country of residence;
C.
Publish texts and make public statements.

2 Personnel posted abroad cannot exercise any public office in the country in which they work.

3 The DFAE may provide, for persons accompanying employees engaged in Swiss representation abroad, an obligation to advertise and authorise public office expenses. 1


1 Introduced by ch. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).

Art. 96 Deprivation of the right to strike

(art. 24, para. 1, LPers)

The exercise of the right to strike shall be prohibited to members of the following categories of personnel who fulfil essential tasks for the protection of the security of the State, the safeguarding of important interests ordered by external relations or To guarantee the country's supply of vital goods and services:

A.
Members of the civil and military leaders of the departments;
B.
Federal criminal prosecution authorities;
C.
AWF personnel subject to the discipline of transfers that work abroad;
D.
Border Guard Corps and Customs Civilian Personnel;
E. 1
Members of the surveillance wing, military personnel responsible for air navigation safety and the professional training of military security.

1 New content according to the c. II 1 of the Dec 5. 2003 on repeal and mod. Of O in relation to the new regulations of military personnel, in effect since 1 Er Jan 2004 ( RO 2003 5011 ).

Chapter 6-Landings of professional obligations

Art. 97 1

1 Repealed by c. II of the O of 10 Dec. 2004, with effect from 1 Er Jan 2005 ( RO 2004 5251 ).

Art. 98 Disciplinary Investigation

(art. 25 LPers)

1 The competent authority under s. 2 opens the disciplinary investigation and designates the person who will be responsible for it. The investigation may be carried out by persons outside the federal government.

2 The disciplinary procedure of first instance is governed by the Federal Act of 20 December 1968 on the administrative procedure 1 .

3 The disciplinary investigation shall cease automatically as soon as the working reports are terminated.

4 If the same facts give rise to disciplinary investigation and criminal proceedings, the decision on disciplinary measures shall be deferred until the end of the criminal proceedings. Exceptionally, the decision on disciplinary action may be taken, for fair reasons, before the end of the criminal procedure.


Art. Disciplinary measures

(art. 25 LPers)

1 Disciplinary action can only be taken at the end of an investigation.

2 An employee who has breached his or her professional duties through negligence is subject to the following disciplinary measures:

A.
Warning;
B. 1
...
C.
Change in the business domain.

3 In addition to the measures defined in para. 2, the following disciplinary measures may be taken against an employee who has breached his or her professional duties intentionally or by gross negligence:

A.
A salary reduction of up to 10 % for up to 1 year;
B.
Fine up to 3000 francs;
C.
Change in working time;
D.
Workplace change.

1 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 100 Limitation period

(art. 25 LPers)

1 The disciplinary liability of the employee is prescribed by 1 year after the discovery of the breach of professional obligations and, in any case, 3 years after the last failure to fulfil the obligations.

2 The limitation period is suspended for the duration of the criminal proceedings initiated as a result of the same or up to the right known to the remedies exercised in the disciplinary investigation procedure.

Art. 101 Employee liability

(art. 25 LPers)

The liability of employees who have caused injury to the Confederation or to a third party and the procedure for fixing such damage shall be governed by the law of 14 March 1958 on liability 1 .


Art. 102 Criminal liability

(art. 25 LPers)

1 Where the breach of professional obligations is at the same time a breach of federal or cantonal criminal law, departments shall transmit the file of the investigation and the minutes of examination to the Ministry Public of Confederation.

2 The commencement of criminal proceedings against the employee is governed by s. 7 of the Order of 30 December 1958 of the Law on Liability 1 .


Art. 103 Suspension

(art. 25 LPers) 1

1 If the proper execution of the tasks is compromised, the competent authority under Art. 2 may immediately, as a preventive measure, suspend the employee or assign another function to the employee:

A.
Where serious events that may warrant criminal action or disciplinary action are identified or suspected;
B.
Where the existence of repeated irregularities is established; or
C.
When an ongoing procedure is impeded.

2 In addition, the competent authority may reduce or eliminate salary and other benefits paid to the employee.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 103 A 1 Suspension after termination of employment reports

(art. 25 LPers)

1 If the working reports are terminated by the competent authority, the competent authority may decide to suspend the employee during the period of leave laid down in Art. 30 A If the necessary confidence is no longer guaranteed. 2

2 The employee must report any replacement income received from other employers or principals. This income is deducted from his salary.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).

Chapter 7 5 Employer's Measures and Benefits in Special Cases

Section 1 Restructuring and reorganizations

Art. 104 Principles

(art. 19, para. 1, and 31, para. 4 and 5, LPers)

1 The departments shall implement all the necessary means to ensure that the restructuring or reorganisation measures of administrative units or areas of activity providing for the abolition or rearrangement of one or more posts in the Work is socially bearable and economically rational.

2 In the event of a reduction of positions, the administrative units will arrange the allocation of staff in such a way that as many affected employees as possible can find employment in the federal government. They are intended primarily for the assignment of employees to other work that may reasonably be required of them, as well as to the reorientation and professional development of employees.

3 Employees are required to actively collaborate on actions taken and to demonstrate initiative, particularly in the search for new work that can reasonably be expected of them and with respect to their reorientation and Professional development.

Art. 104 A Other work deemed reasonably payable

(art. 31, para. 5, LPers)

1 A work within the federal government may reasonably be required of an employee if:

A.
The wage class assigned to it is less than three classes up to the previous one;
B.
The duration of the return journey between the home and the workplace by means of public transport does not exceed four hours in total; and if
C. 1
After the period of introduction and taking into account the training, language and age of the employee, the employee is able to achieve the defined benefit and behaviour objectives at a level corresponding to the evaluation level 3.

2 In derogation from para. 1, let. A, work within the federal government may reasonably be required for employees who are 55 years of age and whose position is classified in salary class 24 or in a higher class if the new salary class is To a maximum of five classes compared to the previous one.

3 Work outside the federal government may reasonably be required as long as the terms and conditions of appointment and the conditions for the change of position are comparable.


1 New content according to the c. I of O du 15 oct. 2014, in force since 1 Er Jan 2015 ( RO 2014 3403 ).

Art. 104 B Information

(art. 33, para. 1)

1 The administrative unit shall inform the staff and the organisations which represent it sufficiently soon, in a complete and transparent manner, of the restructuring or reorganisation and of the measures envisaged.

2 Those who may no longer be able to work within the administrative unit which employs them must be informed of the situation no later than six months before a possible dismissal.

Art. 104 C Agreement

(art. 31, para. 5, LPers)

1 The administrative unit enters into agreements with employees affected by restructuring or reorganization.

2 The agreements contain the measures to be taken in conjunction with the employees, their duration, the employer's benefits and the consequences of a breach of the obligations to co-operate within the meaning of s. 104, para. 3.

Art. 104 D Posting to another position within the federal government

(art. 31, para. 5, LPers)

1 If the person can be assigned to another position within the federal government, the employee remains employed by the current administrative unit for three months after taking this position and is on the salary list for that position.

2 If, at the end of the three months, the new administrative unit resumes the person placed, it enters into a new contract of employment with the latter. The old contract of employment is terminated.

3 If, at the end of the three months, the placed person does not obtain a new contract of employment, it remains employed by its former administrative unit.

Art. 104 E Termination of Work Reports

(art. 10, para. 3, LPers)

1 Employees who are not prepared to enter into an agreement under s. 104 C May be laid off for the reasons referred to in s. 10, para. 3, LPers.

2 If the employee is not prepared to accept another work deemed reasonably payable, the employer will terminate the employment relationship under s. 10, para. 3, let. D, LPers.

3 If no other work deemed reasonably payable could be found within six months after the signing of the agreement, the employer shall terminate the contract of employment under s. 10, para. 3, let. E, LPers.

Art. 104 F Funding

1 Measures within the meaning of s. 104 are funded by the departments themselves.

2 The administrative units reserve the necessary means to finance professional reorientations and improvements.

Art. 105 Social Plan

(art. 31, para. 4, LPers)

1 A social plan is established in the event of restructuring or reorganization involving the elimination of posts.

2 The social plan is established by OFPER in conjunction with staff associations.

3 It is signed on behalf of the Federal Council by the head of the DFF.

Art. 105 A Social Plan Early Retreat

(art. 31, para. 4, LPers)

1 Employees may take early or partial early retirement from the social plan as early as 60 years of age and after at least ten continuous years of work with administrative units under s. 1.

2 An employee may retire early if he or she has not refused other work that can reasonably be expected to be required of the employee and:

A.
If the position is deleted;
B.
If its field of activity is subject to significant change; or
C.
If it is not necessary to remove the position of a younger person as a result of retirement.

3 If the employee is between 60 and 62 years old at the date of his early retirement, he or she will receive the old-age pension that would return to him in the event of retirement at the age of 63, as well as a transitional annuity entirely financed by the employer.

4 If the employee is at least 63 years of age on that date, he or she shall, in addition to the prescribed old age pension, collect the transitional annuity entirely financed by the employer.

5 The employer financed by a central credit the share of the old-age pension and the non-funded transitional pension at the time of early retirement.

6 Early retirement is agreed with the OFPER. This provision does not apply to the RFSP.

Art. 105 B Other measures or benefits according to the social plan

(art. 31, para. 4, LPers)

1 The social plan may provide for other measures or benefits, in particular

A.
Salary guarantees within the limits of this order;
B.
An external placement service;
C.
Temporary participation in travel costs between the home and the workplace;
D.
Participation in moving expenses;
E.
A temporary wage guarantee in the event of a reduction in the occupancy rate.

2 The employer may, for compelling reasons, provide the following benefits in addition to early retirement from a social plan:

A.
Participation in the costs of maintaining foresight under s. 88 D Bis , para. 3;
B.
Participation in the redemption to increase the old-age pension within the meaning of s. 32 A RPEC 1 ;
C.
Full or partial coverage of contributions on income derived from annuities under s. 28 of the Pension and Survivors Insurance Regulations of October 31, 1947 2 , but no later than the age of retirement AVS;
D.
Participation in the financing of the higher transitional pension than provided for in Annex 1.

Art. 105 C Funding

1 The OFPER solicits the financial resources required for early retirement from the social plan through the budget.

2 L' al. 1 does not apply to the RFSP.

Section 2 Employer benefits for the social protection of staff

Art. 106 Benefits in the event of termination of a common agreement of the working reports

(art. 19, para. 3, and 31, para. 5, LPers)

1 The employer may also provide the employee aged 60 years with the benefits referred to in s. 105 B :

A.
If the working reports are terminated by mutual agreement for reasons of exploitation or personnel policy; and
B.
There is no reason for termination under s. 10, para. 3 or 4, LPers.

2 There are operational or policy reasons for staff such as:

A.
The conditions for applying the social plan are not fulfilled;
B.
The removal of the position is planned;
C.
The permanent settlement of the employee's estate;
D.
The introduction to a new technique, a new organisation or a new process does not seem to be rational, for objective or personal reasons.
Art. 106 A Funding

1 The benefits provided in the event of termination of the working reports by mutual agreement are defined in agreement with the responsible department and the OFPER. They shall be charged to the staff of the administrative unit responsible for the termination.

2 They must not exceed a total annual salary.

Chapter 8 Participation and social partnership

Art. 107 Social Partnership

(art. 33 LPers)

1 The objective of the Federal Council is to ensure a real social partnership.

2 In the interests of consultation and the participation of the social partners in the resolution of matters relating to personnel, in particular in the event of restructuring or reorganisation, the latter shall be given sufficient time to Necessary information; if necessary, negotiations are conducted with them. 1

3 The Head of the DFF signs at regular intervals with recognized federal staff associations within the framework defined by the Federal Council Directives, a Statement of Intent on Collaboration and Objectives Staff policy; this statement is made available to staff. 2

4 The DFF is the social partner of recognized personnel associations when all or several parts of the federal government are involved.

5 The departments are the social partners of the staff associations when their field of activity is concerned alone. Issues of principle should be coordinated with DFF.


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

S. 108 Social Partners Monitoring Committee

(art. 33, para. 4, LPers)

1 In order to create a climate of trust, the Head of the DFF establishes a monitoring committee of the social partners, which is a consultative body. The tasks, organisation and composition of this committee shall be the subject of the periodic declaration of intent referred to in Art. 107, para. 3.

2 The Monitoring Committee shall, in particular, provide support for interviews with staff, personal evaluation and compensation.

3 Follow-up is done on the basis of impersonal data, covering all functions and all classes. The general observations made anonymously are considered to be impersonal data concerning the application of the provisions on maintenance with the employee, on personal evaluation and on remuneration.

4 ... 1

5 The Monitoring Committee may establish a Joint Committee for the handling of specific cases. This committee may include persons who are not members of the monitoring committee. The Joint Committee makes recommendations to the Monitoring Committee.


1 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).

S. 109 Personnel Commissions

(art. 33, para. 4, LPers)

1 If the majority of the employees of the unit concerned so wish, staff committees may be established to encourage cooperation between the management of the administrative unit and the staff.

2 The departments determine the election procedure. They may delegate this competence to offices or organizational units that are assimilated to offices. 1

3 The staff commissions issue an opinion to the governing bodies on the following:

A.
General questions relating to personnel in the administrative unit;
B.
Proposals for simplification and improvement of the service and measures relating to construction;
C.
Proposals on health and training issues.

1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Chapter 9 Prescription 6

Art. 110 1

1 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).

S. 111 1

1 Repealed by c. 1 of the appendix to the O of 7. 2005, with effect from 1 Er Jan 2007 ( RO 2005 4595 ).

Art. 112 1

1 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 113 ... 1

(art. 34 LPers)

The limitation periods for claims resulting from the work reports are settled in accordance with Art. 127 and 128 CO 2 .


1 Repealed by c. I of O of 1 Er May 2013, with effect from 1 Er Jul. 2013 ( RO 2013 1515 ).
2 RS 220

Chapter 10 Implementing provisions

Art. 114 Federal Department of Foreign Affairs (DFAE)

(art. 37 LPers)

1 The FDFA, after agreement with the DFF, enacts the provisions necessary for the application of s. 81 to 88.

2 The DFF may, in agreement with the DFF, make derogatory provisions applicable to personnel subject to the discipline of transfers and personnel posted abroad, in the following areas: 1

A.
Art. 15 to 17: interview with collaborator and personal evaluation;
B.
Art. 38: salary of part-time staff;
C.
Art. 39: salary change;
D.
Art. 43: residence allowance;
E.
Art. 44: compensation for the increase;
F.
Art. 46: function premium;
G. 2
Art. 49: benefit premium;
H.
Art. 52: evaluation of the function;
H Bis . 3 Art. 52 A : assignment of the function to a lower salary class;
I.
Art. 53: bodies responsible for the evaluation of the function;
J.
Art. 63: benefits in the event of a professional accident;
K.
Art. 64: working time
K Bis . 4 Art. 64 A : working hours based on trust.
L.
Art. 65: extra hours and overtime;
M.
Art. 66: leave days;
N.
Art. 67: vacation;
O.
Art. 68: leave;
O Bis . 5 Art. 75 A, Al. 2: children's extrafamilial reception;
O Ter . 6 Art. 75 B : the right to reimbursement of the costs of the extrafamilial reception of children;
P. 7
Art. 78, para. 2, let. K: payment of allowances to DDC staff;
Q. 8
Art. 78, para. 2 Bis Compensation to DDC staff for termination of work reports by mutual agreement;
R. And s. 9 ...

3 The personal situation of personnel sent abroad shall be taken into account in the determination of the amount of compensation and in the definition of the measures referred to in Art. 63 and 81 to 88. In its implementing provisions, the FDFA determines, in agreement with the DFF, whether and to what extent it is appropriate to consider accompanying persons other than family members; it sets out the terms and conditions.

4 The DFAE, in agreement with the DFF, lays down provisions relating to the indexing of duty stations according to the degree of difficulty of living conditions, the city of Bern as a reference point with 100 points of index, and designates the places Assignment where living conditions are very difficult. 10


1 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
2 New content according to the c. I 1 of the O of 5 Nov 2008 on the optimisation of the staff salary system, in force since 1 Er Feb 2009 ( RO 2008 5643 ).
3 Formerly let. R. Introduced by c. I of the O of 22 Dec. 2004, in effect since 1 Er Jan 2005 ( RO 2005 3 ).
4 Formerly let. S. Introduced by c. I of the O of 5 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6411 ).
5 Introduced by c. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5793 ).
6 Introduced by c. I of the O of 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5793 ).
7 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
8 New content according to the c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).
9 Repealed by c. I of the O of 24 Nov 2010, with effect from 1 Er Jan 2011 ( RO 2010 5793 ).
10 Introduced by ch. 7 of the O of 20 February 2013 on the retirement of the members of the special categories of personnel, in force since 1 Er Jul. 2013 ( RO 2013 771 ).

Art. 115 Federal Department of Defence, Population and Sports Protection (DDPS)

(art. 37 LPers)

The DDPS may, in agreement with the DFF, issue derogating provisions applicable to military personnel: 1

A.
Art. 4: human resources development and training;
B.
Art. 5: training and succession of managers, development of management capacity;
C.
Art. 24: place of work, mobility and assignment abroad;
D.
Art. 37: starting salary;
E.
Art. 48: special allowance;
E Bis . 2
Art. 60 A : reduction of the occupancy rate following a birth or adoption; the derogation may relate only to employees for whom a reduction in the occupancy rate is impossible for reasons of service.
F.
Art. 64: working time;
G.
Art. 65: extra hours and overtime;
H.
Art. 67: vacation;
I.
Art. 72: reimbursement of expenses
J.
Art. Criminal liability.

1 New content according to the c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).
2 Introduced by c. I of the O of 20 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4397 ).

Art. 116 Federal Department of Finance (DFF)

(art. 37 LPers)

1 After consulting with the other departments and the Federal Chancellery, the DFF shall issue the provisions necessary for the uniform performance of this order.

2 It may, after agreement with the Federal Department of the Interior, make derogatory provisions:

A.
For the staff of customs offices and the border guard corps, in the following areas:
1.
Art. 5: training and succession of managers, development of management capacity;
1 Bis . 1 Art. 10 B , para. 1, 2, let. D. And 3: health protection and working time for commitments made under fixed service plans;
2.
Art. 24: workplace and mobility;
3.
Art. 64: working time;
4.
Art. 65: extra hours and overtime;
5.
Art. 69: port of arms;
6.
Art. 72: reimbursement of expenses
7.
Art. Criminal liability.
B.
For tax inspectors of the Federal Contributions Administration in the following areas:
1.
Art. 24: workplace and mobility;
2.
Art. 64: working time;
3.
Art. 65: extra hours and overtime;
4.
Art. 72: reimbursement of expenses.
C. 2
For the experts in charge of the estimates to the Federal Office for Construction and Logistics in the field of reimbursement of costs (Art. 72).

1 Introduced by ch. I of the O of 12 June 2015, in force since 1 Er August 2015 ( RO 2015 2243 ).
2 Introduced by c. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Chapter 11 Final provisions 7

Art. 116 A 1

1 Introduced by ch. I of the O of 22 Dec. 2004 ( RO 2005 3 ). Repealed by c. II 3 of the O of 21 May 2008 amending the federal law as a result of the change in the foresight regime of PUBLICA, with effect from 1 Er Jul. 2008 (RO 2008 2181).

Art. 116 B 1

1 Introduced by ch. I of the O of 22 Dec. 2004, in effect since 1 Er Jan 2005 ( RO 2005 3 ). Repealed by c. I of the O of 12 June 2015, with effect from 1 Er August 2015 (RO 2015 2243).

Art. 116 C 1 Transitional Provision for the Amendment of June 15, 2007

(art. 41 A , para. 1, LPers)

1 Employees, with the exception of the AWF transferable staff whose work reports have ceased due to early retirement under the old entitlement prior to the coming into force of the June 15, 2007 amendment, are entitled to annuities. And the supplementary benefits provided by the former right 2 .

2 At the beginning of pre-retirement leave within the meaning of s. 34, an allowance equal to three quarters of the annual salary received for the last year of service shall be paid in lieu of the benefit under s. 88 H : 3

A.
Employees referred to in s. 33, para. 1, let a and b, who are 51 years old at the time of full implementation of the Act on PUBLICA;
B.
Employees referred to in s. 33, para. 1, let. C, who were 53 years old at the time of full implementation of the Act on PUBLICA.

3 Employees referred to in s. 33, para. 2, receive with their last salary an allowance equal to three-quarters of their last annual salary if they are 55 years of age at the time of full implementation of the PUBLICA law.

4 Compensation in accordance with paras. 2 and 3 is credited on the insured's old age with PUBLICA under the LPP 4 , or paid directly to the insured person if he or she so requests.

5 Art. 34 A , para. 2, does not apply to employees under para. 2. 5


1 Introduced by ch. I of the O of June 15, 2007, in force since 1 Er Jul. 2008 ( RO 2007 2871 , 2008 577). See also disp. And trans. Art. 8 of the O of 20 February 2013 on the retirement of the members of the special categories of personnel (RS 172.220.111.35 ).
2 Art. 33 in its version of 3 Jul. 2001 ( RO 2001 2206 ), para. 1 to 3 Bis In the version of the O of 5 Dec. 2003 on repeal and mod. O in relation to the new regulations for military personnel (RO 2003 5011); art. 16 of the O of 2 Dec. 1991 governing the payment of benefits in the case of early retirement of agents subject to specific service reports, in the version of the mod. June 28, 2000 (RO 2000 2429).
3 New content according to the c. I of the O of 27 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6417 ).
4 RS 831.40
5 New content according to the c. II 3 of the O of 21 May 2008 amending the federal law as a result of the change in the foresight regime of PUBLICA, in force since 1 Er Jul. 2008 ( RO 2008 2181 ).

Art. 116 D 1 Transitional Provision for Amendment of 5 December 2008

(art. 17 LPers)

Compensation days under s. 64, para. 2 and days of leave under s. 66, para. 1, which are not taken until 31 December 2008, may be taken until 31 December 2012 at the latest; after that date, they are lost without giving the right to compensation.


1 Introduced by ch. I of the O of 5 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6411 ).

Art. 116 E 1 Transitional Provisions for Amendment of 1 Er May 2013

1 The calculation of the fidelity premium according to Art. 73, para. 5, according to the old right, on the basis of the years of work recognised before the entry into force of the amendment of 1 Er May 2013.

2 If, after the entry into force of the amendment of 1 Er May 2013, the employee leaves an administrative unit according to Art. 1 and is rehired by the latter, the number of years worked previously done is no longer taken into account for the calculation of the fidelity premium.

3 If the employee was unable to work due to illness or accident prior to the coming into force of the change of 1 Er May 2013, the duration of the incapacity to work is deducted from the two-year period provided for in Art. 31 A .

4 If the employee reaches only after the entry into force of the change of 1 Er May 2013 the period of three months during which he returned to work at least 50 %, according to Art. 56, para. 5, of the former right, the incapacity to work is not interrupted.


1 Introduced by ch. I of O of 1 Er May 2013, in force since 1 Er Jul. 2013 ( RO 2013 1515 ).

Art. 116 F 1 Transitional provisions relating to the amendment of 20 June 2014

1 Senior General Officers with the rank of Brigadier who have attained the age of 55 years prior to 1 Er July 2013 and have, before that date, requested in writing the competent authority in accordance with Art. 2 to retire on the basis of the law in force at the time cannot apply the confidence-based work schedule.

2 The employer's contribution to the financing of the transitional pension for employees who have reached the age of 59 years prior to the entry into force of the June 20, 2014 change and who will take early retirement no later than July 31 2017 is settled under the old right.

3 The calculation of the transitional annuity under s. 88 F Shall take into account, under the former right, years of work recognised before the entry into force of the amendment of 20 June 2014 and the average degree of occupation resulting from it.


1 Introduced by ch. I of the O of June 20, 2014, in force since 1 Er August 2014 ( RO 2014 2171 ).

Art. Entry into force

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

Annex 1 1

(art. 88 F , para. 5)

Employer participation in the financing of the transitional annuity

Standard Plan (salary classes)

Framework Plan 1 (salary classes)

Framework Plan 2 (salary classes)

Age of Retirement

1 to 11

12 to 17

18 to 23

24 to 29

30 to 38

60

5 %

5 %

5 %

5 %

5 %

61

5 %

5 %

5 %

5 %

5 %

62

65 %

60 %

45 %

40 %

40 %

63

70 %

65 %

50 %

45 %

45 %

64

75 %

70 %

55 %

50 %

50 %


1 Introduced by c. II of the O of 15 June 2007 ( RO 2007 2871 , 2008 577). New content according to the c. I of the O of June 20, 2014, in force since 1 Er August 2014.


State 1 Er January 2016

Annex 2 1

(art. 88 A , para. 1)

Insurable Earnings Items

A.
Monthly salary under s. 36 and the monthly salary of the Confederation staff according to Art. 12, para. 2, OPers-PDHH 2 , but to the maximum of the monthly salary of the department concerned; changes in wages according to Art. 39, para. 1 to 5, and exceptional salary adjustments under s. 40 up to the maximum amount of the salary class;
B.
Hourly wage, daily wage and average wage in accordance with art. 38, para. 2;
C.
Residence allowance under s. 43 and 114, para. 2, let. D;
D.
Compensation for the increase according to Art. 44, para. 2, let. A, b, e to g, and 114, al. 2, let. E;
E.
Function bonus according to art. 46 and 114, para. 2, let. F, and according to Art. 17 OPers-PDHHs;
F.
...
G.
Special allowance according to art. 48 and 115, let.
H.
Benefits under s. 49;
I.
Labour market allocation under s. 50;
J.
Commitment allowance under s. 18 OPers-PDHHs;
K.
Risk allowance under s. 19 OPers-PDHHs;
L.
Annual salary determined by s. 21, para. 2, OPers-PDHH.

1 Introduced by c. II 3 of the O of 21 May 2008 amending the federal law as a result of the change in the foresight regime of PUBLICA ( RO 2008 2181 ). Update as per c. I 1 of the O of 5 nov. 2008 on the optimisation of the staff salary system (RO 2008 5643), c. I of the O of 1 Er May 2013 (RO 2013 1515) and 12 June 2015, in force since 1 Er August 2015 (RO 2015 2243).
2 RS 172.220.111.9


State 1 Er January 2016