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RS 172.220.115 Commission de la caisse PUBLICA Staff Regulations of 6 November 2009 on the staff of the Federal Pension Fund PUBLICA (Staff Regulations of PUBLICA)

Original Language Title: RS 172.220.115 Règlement de la Commission de la caisse PUBLICA du 6 novembre 2009 relatif au personnel de la Caisse fédérale de pensions PUBLICA (Règlement sur le personnel de PUBLICA)

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172.220.115

Rules of the Board of the Caisse PUBLICA relating to the staff of the Federal Pension Fund PUBLICA

(PUBLICA Personnel Regulations)

November 6, 2009 (State 1 Er October 2013)

Approved by the Federal Council on 16 December 2009

The Board of the Fund PUBLICA,

Having regard to art. 27, para. 2, 27 C , para. 7, 28, para. 3, and 37, para. 3, of the Act of 24 March 2000 on the Personnel of the Confederation (LPers) 1 , given art. 2 A , para. 2 of the LPers Framework Order of December 20, 2000 2 , 3

Enacts these Regulations:

Section 1 Purpose and scope

Art. 1

1 This Regulation governs the working reports of employees of the Federal Pension Fund PUBLICA (PUBLICA).

2 It applies to all PUBLICA employees, including auxiliary staff, trainees, term employees and members of the Steering Committee; s. 3 is reserved.

3 Learning reports with PUBLICA are governed by the Code of Obligations 1 And by the Federal Act of 13 December 2002 on vocational training 2 .

4 The Directorate shall, inter alia, adopt the following regulations:

A.
Regulation on the organisation of working time and working patterns;
B.
Training and development regulations;
C.
Fee regulations;
D.
Settlement on call availability;
E.
Staff Commission Regulation.

Section 2 Personnel policy

Art. 2 Principles

1 In the context of economic opportunities, PUBLICA offers its staff working conditions in accordance with market conditions. It adopts a personnel policy which enables it to recruit and retain its employees.

2 The Directorate creates instruments to carry out the personnel policy, lays down guidelines for their implementation and periodically reports to the Commission on the achievement of the objectives set.

Art. 3 Staff Development

1 PUBLICA promotes the professional development of all its employees in order to improve the quality of their services, to develop their professional and social skills, and to increase their chances in the labour market.

2 Employees are developing skills tailored to their capabilities and to the requirements of PUBLICA and the labour market.

3 PUBLICA participates in a fair proportion in the coverage of training and development costs.

Art. 4 Agreement on objectives and evaluation of benefits

1 As part of the process of setting objectives and evaluating benefits, the hierarchical superior has at least once a year a personal interview with each person who is directly subordinate to him.

2 The achievement of the objectives set in terms of benefits and behaviour is decisive in the evaluation.

Art. 5 Evaluation scale

1 Employee benefits are assessed at the following levels:

A.
Step 1 = does not meet objectives;
B.
Step 2 = achieved to a large extent the objectives;
C.
Step 3 = fully achieve the objectives;
D.
Step 4 = exceeds objectives.

2 The evaluation shall be in writing.

3 Employees who disagree with the assessment of their benefits may apply to the supervisor of their direct superior; the request must be made in writing within 14 days of receipt of the request. Evaluation. After discussions with the employee and his or her supervisor, the supervisor of the employee makes a decision within 14 days.

Art. 6 Evaluation Interview

1 The purpose of the evaluation interview is to take stock of the work done and to move employees forward.

2 In the course of the evaluation interview, the supervisor shall provide to the persons who are directly subordinate to him a duly substantiated assessment of their work. The two parties also discuss the conditions under which the work is provided, agree on the objectives to be achieved in the coming year and establish possible professional development measures.

3 The collaborator speaks about the way in which he is directed by his direct superior. This feedback serves both the personal development of hierarchical superiors and their evolution within the company.

Section 3 Working reports

Art. 6 A 1 Competition for posts

1 The positions to be filled are subject to public competition on the part of PUBLICA.

2 PUBLICA may waive the following positions:

A.
Are limited to a maximum of one year; or
B.
Which must be filled by employees or persons who have completed their apprenticeship.

1 Introduced by ch. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Art. 7 Birth of work reports and competence

1 The work reports are born at the time of conclusion of the written contract signed by PUBLICA and by the employee to be hired.

2 The Commission of the Cash Office shall engage the Director and, on a proposal by the Director, the Alternate Director.

3 The Director and alternate form the Directorate.

4 The Directorate engages other collaborators.

Art. 8 Trial period

1 The trial period is three months. Are reserved for paras. 3 and 4. 1

2 Where, during the trial period, the work is interrupted as a result of illness, accident or fulfilment of a legal obligation on the worker without the worker being asked to assume it, the test time shall be extended accordingly.

3 If the contract is for a specified period of time, PUBLICA may waive a trial period or shorten this period.

4 PUBLICA may fix the trial period to a maximum of six months:

A.
For persons who, because of their duties, are insured in the foresight plan 2 of the Provident Fund of PUBLICA;
B.
For persons in the fields of wealth management, risk assessment, finance or law, a function that requires specific knowledge. 2

1 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).
2 Introduced by ch. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Art. 8 A 1 Time Frames

1 During the trial period, work reports may be terminated:

A.
For the end of the week following the week in which the leave was notified, during the first two months of trial;
B.
For the end of the month following the month in which the leave was notified, from the third month of trial.

2 After the trial period, the working reports may be terminated by the end of the month. The period of leave is to:

A.
Three months during the first five years of service;
B.
Four months from the sixth to the tenth year of service;
C.
Six months from the eleventh year of service.

3 The number of years of service corresponds to the uninterrupted duration of the commitment in PUBLICA, the training period within the meaning of the legislation on vocational training and leave without pay of more than one month is not counted in This time.


1 Introduced by ch. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Art. 8 B 1 Activity beyond the regular retirement age

1 PUBLICA can:

A.
Continue to employ staff members even after the age limit set out in s. 21 of the Federal Act of 20 December 1946 on old-age and survivors' insurance (LAVS) 2 ;
B.
Hire persons even after the age limit set out in s. 21 WASHERS.

2 If these working reports are not limited in time, they shall terminate without termination at the end of the month following the 70 E Anniversary.


1 Introduced by ch. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).
2 RS 831.10

Art. Support Measures

1 If, for economic reasons or for operational reasons, PUBLICA must lay off a large part of its staff, it shall adopt measures to support the staff concerned after hearing the staff associations of the Confederation (art. 57).

2 These measures include social protection benefits, in particular measures to support career reorientation or early retirement benefits.

3 In the event of restructuring, employees may be subject to early retirement, at the earliest, at the age of 55 years, provided that they have not refused alternative work that may reasonably be required of them.

4 There can only be early retirement if one of the following conditions is met:

A.
Deleting the position;
B.
Modification of duties to a extent exceeding what may reasonably be required of the employee.

5 Income from a gainful occupation from an employer within the meaning of s. 3 LPers.

6 If employees are subject to early retirement under para. 3, PUBLICA pays them an old-age pension and a non-refundable transitional pension, in accordance with the pension scheme for employees and beneficiaries of pension funds PUBLICA (Provident Regulations PUBLICA) 1 This old-age pension is calculated as a disability pension under s. 59 of the PUBLICA foresight regulation.

7 The employer PUBLICA pays the Federal Pension Fund PUBLICA the cover capital necessary for the financing of the old-age pension and the transitional pension.


1 Not published to OR (see FF 2009 8305 ). The foresight regulation can be obtained from PUBLICA; it can be downloaded from the Internet at the following address: www.publica.ch.

Art. 10 Right to compensation

1 When PUBLICA terminates employment reports without the employee's fault, the employee shall be compensated by:

A.
If the work reports have lasted at least 15 years, or
B.
If he is at least 51 years of age.

2 The termination of employment reports shall be deemed to be due to a fault of the employee:

A.
When PUBLICA terminates them for any of the reasons cited in s. 10, para. 3, let. A to d, or 4, LPers; or
B.
Where the employee refuses another job that may reasonably be required of him or her at PUBLICA or another employer within the meaning of s. 3 LPers. 1

3 The allowance provided for in para. 1 may also be paid when the working relationship is terminated by mutual agreement.

4 To 6 ... 2

7 Persons who are engaged with an employer within the meaning of s. 3 LPers within one year of termination of employment reports shall reimburse the compensation that they have received in proportion to the number of months of work already completed this year with the new employer.

8 The s. 1 and 7 do not apply to employees subject to the December 19, 2003, Executive Salaries Order 3 .


1 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).
2 Repealed by c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, with effect from 1 Er Oct. 2013 ( RO 2013 3089 ).
3 RS 172.220.12

Art. 11 Amount of allowance

1 The amount of compensation to which the employee is entitled in the cases referred to in s. 10, para. 1, let. A, is equivalent to the following number of salary months:

Number of years of service

Allowance

Of 15 E To 20 E Year of service completed

3 months pay

Of 21 E To 25 E Year of service completed

4 months pay

From 26 E Year of service completed

5 months pay

2 The number of years of service corresponds to the uninterrupted duration of the commitment in PUBLICA, the training period within the meaning of the legislation on vocational training and leave without pay of more than one month is not counted in This time. 1

3 The amount of compensation to which the employee is entitled in the cases referred to in s. 10, para. 1, let. B, is equal to the following number of salary months:

Age

Allowance

Between 51 and 55 years of age

2 months pay

56 to 60 years of age

3 months pay

From 61 years of age

4 months pay

4 If the employee meets the requirements of s. 10, para. 1, let. A and the conditions set out in s. 10, para. 1, let. B, allowances levied under paras. 1 and 3 add up.

5 Compensation under s. 10, para. 3, must not exceed three months' pay. 2


1 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).
2 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Section 4 Salary and salary supplements

Art. 12 Salary structure elements

1 The salary is determined by the function, experience and benefits provided.

2 In order to determine the basic salary, account is taken to a fair degree of vocational and extra-professional training and experience, as well as the situation in the labour market.

3 The functions are divided into 24 salary ranges. The latter, including their average and salary ranges, are defined in Annex 1.

4 The average salary range is used as the basis for the calculation of the share in the final salary, function, experience and variable share of benefits.

5 The amount of salary may fall below the lower limit of the range for the range considered, including:

A.
The employee's commitment;
B.
Where the employee does not have or has little practical experience in the function.

The labour market situation can also be taken into account.

6 The maximum amount set for a salary range consists of the maximum of the basic salary and the maximum of the variable share of the benefits.

7 The Director's maximum salary is the maximum amount set for the salary range 24.

8 The salary is paid in thirteen units. The 13 E Part is paid in half in June and half in December.

Art. 13 Function Share and Function Evaluation

1 The duties shall be determined on the basis of the following criteria: training, professional experience, communication requirements, level of independence, diversity of tasks, competence in matters of conduct, responsibility for Costs and results, influence on the outcome of the company and its image. They are then assigned to a salary range.

2 The assignment of the duties of the Directorate to a salary range is carried out by the Fund Board; the assignment to a salary range of the duties of other employees is carried out by the Directorate.

Art. 14 Share of experience

1 The share of experience is determined by the professional and extra-professional experience required by the function. The duration of training is not taken into account.

2 If there is a change of function within the company, the share of the experience is redefined.

Art. 15 Variable share of benefits

1 The variable share of benefits is determined on the basis of the employee's benefits and behaviour, the level of achievement of his or her objectives and the outcome of the business.

2 It is defined each year on the basis of the assessment of benefits.

Art. 16 Compensation for higher prices

The share of the function (art. 13) and family allowance (art. 18) are adapted according to the higher price. After hearing staff associations (art. 57), the Directorate shall submit to the Fund Board a proposal on whether an adaptation should take place and, if so, to what extent.

Art. 17 Hourly Wages

1 If the work is irregular, it may be agreed to an hourly wage with the employee.

2 The hourly wage is 2050 E The determining annual salary. The 13 E Months of salary is included in the hourly wage.

3 The compensation awarded in lieu of vacation is to:

A.
10.64 % if the employee is entitled to five weeks of vacation;
B.
13.04 % if the employee is entitled to six weeks of vacation.

4 If the employee is prevented from working without fail, he or she collects a supplement of 2.5 % on the hourly wage instead of salary in the event of illness.

Art. 18 Family Allowance

1 PUBLICA pays its employees, for each of their children, the family allowance provided for in the Federal Act of 24 March 2006 on family allowances 1 And the order of 31 October 2007 on family allowances 2 .

2 The family allowance and other supplementary benefits of PUBLICA are set out in Annex 2.


Art. 19 Loyalty Bonus

1 A fidelity premium is granted after five years of service with PUBLICA. The amount of this premium shall be determined on the basis of the salary determining the day on which the premium is due (Art. 13 to 15) and represents:

A.
One quarter of the monthly salary after five years;
B.
Half of the monthly salary after ten years;
C.
Three-quarters of the monthly salary after 15 years;
D.
A monthly salary after 20 years, then after each new five-year period.

2 The number of years of service corresponds to the uninterrupted duration of the commitment in PUBLICA, the training period within the meaning of the legislation on vocational training and leave without pay of more than one month is not counted in This time. 1

3 With the agreement of his or her supervisor, the employee may receive all or part of the loyalty bonus in the form of paid leave; the latter may only be taken in increments of one week.

4 Where the fidelity premium is collected in the form of paid leave, such leave shall be taken within two years of the birth of the right. Days of leave not taken at the end of this period shall be lost and shall not be compensable.

5 If the employee's occupancy rate has been less than 100 %, albeit intermittently, during the previous five years of service, the average occupancy rate during that period is relevant for the calculation of the cash amount.

6 The Directorate may refuse payment of all or part of the fidelity premium to employees whose benefits are classified in the evaluation step 1.


1 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Section 5 Social benefits

Art. Payment of salary in the event of illness or accident

1 If the employee is, without fault, unable to work due to illness or accident and his work reports have lasted more than three months or the contract of employment has been concluded for a period of more than three Months, he is entitled to the salary he received so far and to the family allowance until he finds his or her working capacity, but for a maximum of twelve months.

2 The payment of the salary may continue until the completion of the medical examinations or until the grant of an annuity, but for up to twelve additional months.

3 It ends in all cases with the termination of the working reports.

4 After discussion with the direct supervisor, the Human Resources department may order the employee's examination by the consulting physician of PUBLICA for the purpose of establishing his or her capacity to work. If the employee refuses to go to the doctor's office, he is not entitled to maintain his or her salary for the inability to work that he or she claims.

5 Mandatory insurance benefits are charged against the salary paid.

Art. Maintenance of salary in the event of the fulfilment of legal obligations or the exercise of a public office

1 Where the employee is absent because he or she is performing legal obligations or is exercising an authorized public office, he or she is entitled to the salary he/she has received so far and to the family allowance if the working reports have lasted more than three months Or the contract of employment has been concluded for more than three months.

2 The payment of salary ends in all cases with the termination of employment reports.

Art. Maintenance of salary in the case of compulsory service in the army or in Swiss civil protection or during the duration of the civil service

1 In the case of absence due to compulsory service in the army or in Swiss civil protection or during the duration of the civil service, the employee liable to service shall be entitled, for up to a maximum of 25 working days per calendar year, to the salary Collected up to the time and the family allowance. The allowance for loss of statutory gain amounts to PUBLICA.

2 If the total number of on-call days exceeds 25 working days, the right to maintain the salary shall be reduced for the additional periodic penalty days:

A.
80 % of the salary received so far if the employee has a maintenance obligation;
B.
60 % of the salary received so far if the employee does not have an obligation to maintain .

3 If the allowance for loss of gain exceeds the amount of the salary to which the employee is entitled, the salary shall be paid up to the amount of that allowance.

4 In the case of voluntary service, the salary shall continue to be paid for up to five days as long as the total number of on-call days has not reached 25 days per calendar year.

5 The family allowance is paid in full.

6 The payment of salary ends in all cases with the termination of employment reports.

Art. Continuation of pay in the event of maternity and adoption

1 In case of interruption of work due to maternity, the salary that the worker received so far and the family allowance continue to be paid to her for four months.

2 The worker may, if she so wishes, stop working at least two 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 right to the maternity allowance provided for in s. 16 B To 16 H Federal Act of September 25, 1952 on Allowances for Loss of Gain 1 Due to the postponement of the payment of this allowance, only the maternity allowance provided for by the LAPG is paid to the worker during the period between the end of the right to pay and the end of entitlement to the allowance.

4 If the employee greets young children for later adoption, he may interrupt his work for two months, provided that he has completed at least one year of service; during those two months, he is entitled to the salary he/she received Up to then and the family allowance. If both adoptive parents work with PUBLICA, the right to pay is only valid for one of them. They may, however, divide the two months of absence freely among themselves.

5 In the case of fixed-term employment reports, the salary shall be maintained no later than the end of the contract of employment.


Art. 24 Salary in the event of death of the employee

If the employee dies, the employee's salary, including a family allowance, continues to be paid for the current month and the following two months.

Section 6 Professional foresight

Art. 25 Insurance

1 PUBLICA staff is provided with PUBLICA in accordance with the provisions of the LPers on professional foresight and the law of 20 December 2006 on PUBLICA 1 .

2 Salary within the meaning of s. 12 to 17 is considered to be the determining salary and is insured with PUBLICA as part of the regulatory provisions.

3 PUBLICA may, as an employer, participate in the regulatory buyback if the person's foresight coverage appears inadequate at the time of the commitment. The decision on this matter falls within the jurisdiction of the Fund Board.

4 If PUBLICA gives leave without pay or partially paid leave of more than two months, the employee and his direct supervisor shall jointly determine, after agreement with the Human Resources Department, whether the insurance will be maintained beyond the The third month of vacation and the extent to which it will be vacation; they also agree on the financing of contributions.

5 If the employee reduces his working hours after 60 years and before reaching the age of 65 and the insurance must be maintained in its entirety, contributions should be financed with his direct supervisor after agreement with the Human resources.

6 In addition, the provisions of the settlement of PUBLICA 2 Are applicable.


1 RS 172.222.1
2 Not published to OR (see FF 2009 8305 ). The foresight regulation can be obtained from PUBLICA; it can be downloaded from the Internet at the following address: www.publica.ch.

Art. 26 Transitional Annuity

1 Where a person receives a full transitional pension or a transitional half-annuity, PUBLICA assumes, as an employer, part of the costs of financing the transitional pension actually collected, provided that the working reports Have lasted at least five years prior to retirement.

2 The participation of employer PUBLICA is set out in Annex 3.

3 If the work reports lasted less than five years before retirement, PUBLICA took part in the costs, as an employer, of 25 %.

4 The number of years of service corresponds to the uninterrupted duration of the commitment in PUBLICA, the training period within the meaning of the legislation on vocational training and leave without pay of more than one month is not counted in This time. 1


1 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Section 7 Other Employer Benefits

Art. 27 Discounts on products and services

1 PUBLICA can offer discounts on its products and services to its employees. These discounts apply to:

A.
The basic offer: it contains insurance covers valid throughout the company; paid by PUBLICA, they exceed the legal minimum;
B.
The modulable offer: it allows employees to compose an offer defined according to their individual needs.

2 Discounts amount to a maximum of 2.5 % of the staff budget.

3 Each year, the Directorate defines the volume and nature of rebates based on the financial situation of PUBLICA.

Art. 28 Fees

1 PUBLICA reimburses employees for the expenses incurred in the exercise of their professional activity, provided that they are not covered by third parties.

2 Employees who work part time receive the same benefits as full-time employees.

Art. Proposals for Improvement

1 PUBLICA encourages the involvement of staff in the quality management process by inviting them to make suggestions for improvement related to the activity of the company PUBLICA.

2 The achievement of improvements can be rewarded with a premium in kind defined in PUBLICA's internal quality management system (QMS).

Art. Unsolicited Premiums

In-kind premiums defined by the QMS can be awarded to spontaneously reward specific benefits.

Section 8 Working time, holidays and holidays

Art. Working Time

1 The duration of the work week is 42 hours full-time; the duration of the working day is 8 hours and 24 minutes.

2 The normal working time is reduced by the occupancy rate for persons occupying a part-time position.

Art. 32 Availability on call

PUBLICA may require employees to be prepared to intervene outside their normal working hours in order, for example, to remedy technical problems, to respond to an emergency situation, to carry out checks or in case of other Exceptional event, can be reached by telephone.

Art. 33 Days of Leave and Holidays

1 Saturdays, Sundays and public holidays are unworked days.

2 New Year and 2 January, Holy Friday, Easter Monday, Ascension, Pentecost Monday, National Day, Christmas Eve, Christmas Eve, Saint-Etienne and New Year's Eve are considered public holidays.

3 Holidays that fall during a period when the employee is absent due to illness, accident or compulsory service are considered to be taken.

4 Holidays that fall during holidays are not considered vacation days.

Art. 34 Vacation

1 Employees are entitled to five weeks of vacation per calendar year. They are entitled to six weeks of vacation per calendar year from the year in which they reach the age of 50, or if they are under 20 years of age.

2 Vacation must be taken during the calendar year opening the right to vacation. The employee must take at least two consecutive weeks of vacation.

3 Employees shall set their holidays by mutual agreement with their hierarchical superior, taking into account the interests of the undertaking.

Art. 35 Reduction in the number of vacation days

1 The number of vacation days is reduced in proportion to the length of absence if the employee, in a calendar year, is absent for more than:

A.
90 days due to illness, accident or compulsory service; the first 90 days of absence are not taken into account in the calculation of the reduction;
B.
30 days due to leave without pay;
C.
30 days when he was prevented from working by his own fault.

2 The absence due to maternity leave does not result in a reduction in the number of holiday days.

Section 9 Data Protection for People and Their Health

Art. 36 Principles

1 For personnel management purposes, PUBLICA can administer databases containing personal data relating to employees and their health.

2 The masters of the file are the Human Resources and Direct superiors department.

3 They are responsible for the data they process.

4 The Directorate maintains a list of databases. This list is made available to staff.

5 Employees, or staff associations (s. 57), who represent them, are consulted prior to the establishment or modification of a database.

Art. Right of access and rectification of data

1 Employees can ask whether data about them is contained in a database. This information is provided free of charge.

2 They may authorize in writing third parties to consult their files or to be informed of the data processed concerning them.

3 If the data are inaccurate or incomplete, or if they do not match the purpose for which they were processed, the master of the file must correct or destroy them immediately.

4 The provisions of the data protection legislation governing the right of access remain reserved.

Art. 38 Publication and communication of data

1 Data in the private sphere of the collaborator may be published only on the Intranet, in a publishing body for internal use or on an internal bulletin board; they can only be published if the employee has Consented in writing.

2 Data concerning an employee may not be disclosed to third parties, in particular to a new employer, to banking institutions or credit institutions or to an owner, only if that employee has consented in writing to this They are transmitted. The consent is deemed given when the employee has designated PUBLICA as a reference for the provision of information.

3 Data communication is limited to the information necessary for the purpose of the application.

Art. 39 Data Processing Principles

1 The Human Resources department shall process the data necessary for the performance of its tasks, in particular the information contained in the Candidator File, the contract of employment, the description of the position and the evaluation form As well as decisions based on personal evaluation, employee absences, medical certificates, results of personality tests or assessment of potentials and extracts from public registers.

2 Hierarchical superiors shall process the data necessary for the performance of their evaluation tasks, in particular the data contained in the objective and benefit assessment forms and the relevant data Salary adjustments based on the benefits provided.

3 Employees may be subject to personality tests or tests of their abilities or professional or personal potential only if they have already consented to them.

4 Employees must be informed in advance of the purpose of the test and of the use that will be made of the results and of the persons who will be aware of them.

5 The following deadlines are applicable for data retention:

A.
For general personnel files: ten years after the end of the working reports;
B.
For data on social assistance measures, administrative measures, prosecution and criminal measures: five years after the application of the measure;
C.
For personality profiles: five years after the data collection, unless the data subject has consented in writing to the data being kept longer;
D.
For the results of personality tests or the assessment of potential: five years after the test.

6 After expiry of the retention period, the data must be processed in accordance with Art. 21 of the Data Protection Act of 19 June 1992 (HPA) 1 .

7 Where the application of a person is rejected, all data concerning the candidate, with the exception of the letter of application, shall be returned within three months after the end of the recruitment procedure; Agreed with the candidates are reserved. Such data may be retained for longer periods if they are necessary for the treatment of the remedies referred to in s. 13, para. 2, of the Act of 24 March 1995 on equality 2 .


Art. 40 Online access to data

With the exception of sensitive data within the meaning of Art. 3, let. C, LPD 1 And personality profiles within the meaning of s. 3, let. D, LPD, access to data by appeal procedure may be considered for:

A.
Old-age and survivors insurance clearing house: data needed to update individual staff accounts;
B.
The Federal Pension Fund: data necessary for updating individual staff accounts;
C.
Financial institution of PUBLICA: data necessary for the payment of staff salaries.

Art. Data security

1 Paper data must be kept locked.

2 PUBLICA operates its own personal data management system, which contains data relating to people who are employed or have been employed by PUBLICA. In accordance with Art. 16 of the Order of 14 June 1993 on the Federal Data Protection Act 1 , PUBLICA has declared this file to the Federal Data Protection and Transparency Prelay.


Art. Personnel Management Information System

1 The Personnel Management Information System serves the following purposes:

A.
Centralize and standardize the management of personnel data;
B.
Allow the processing of salary data, conduct evaluations, budget simulations and staff cost planning;
C.
Integrating the management of personnel data into the financial management and accounting system; and
D.
Manage, with the agreement of the employee, the data relevant to the development of management capabilities.

2 It contains the following sensitive employee data:

A.
Nationality;
B.
Medical retirement;
C.
Maternity leave;
D.
Benefit assessment levels, and
E.
Nationality of family members.

3 The Human Resources department manages and maintains the Personnel Management Information System.

4 The relevant staff in the Human Resources department have access to, and can process, data from the Personnel Management Information System.

Art. 43 Medical Records

1 The medical records contain the results of the medical examinations and the assessment of the doctor-board of PUBLICA necessary for the assessment of the suitability of employees during the working hours or in the context of the obligation of Maintenance of payment of the salary referred to in s. 20. The medical file is kept with the Medical Officer.

2 Health data are collected on paper. Some data, such as the employee's name, can be processed in an automated manner for billing or statistical purposes. The automated medical data processing system must remain a closed system; it must not be linked to any other electronic data processing system.

3 The right of access of employees is governed by s. 37. If the Medical Officer of PUBLICA believes that the contents of the medical file could be detrimental to the collaborator, the data contained in this file may be communicated to the adviser appointed by the collaborator.

4 Only the assessment of the consulting physician of PUBLICA is communicated to the Human Resources department. The contents of the medical file shall be communicated to the Human Resources department or to third parties only if the person concerned has given prior written consent. If the person concerned has not given his consent, the Directorate may authorise the communication of data relating to his or her health (art. 28, para. 3 and 4, LPers).

Section 10 General Duties

Art. 44 Principles governing the conduct of staff

1 PUBLICA employees act and express themselves in such a way as to preserve the reputation and credibility of PUBLICA.

2 They avoid conflicts of interest between them and PUBLICA and make these conflicts of interest known if it is not possible to avoid them.

3 They carry out the work entrusted to them diligently; they carry out their duties to the best of their knowledge and abilities and are committed to preserving the interests of PUBLICA.

Art. 45 Obligation to inform

1 Employees who cannot come to work due to illness or accident, or who are prevented from working for any other reason, immediately inform their supervisor.

2 Hierarchical superiors and collaborators provide early enough information on all important information for work, personnel administration and insurance.

Art. Medical certificate

1 If they are absent for more than five days due to illness or accident, employees must provide a medical certificate to the Human Resources department. In the event of repeated absences due to illness or accident, or where other circumstances warrant, the Human Resources Service may reduce that time.

2 Employees who are absent for a long time due to illness must provide a new medical certificate every three weeks.

3 The salary continues to be paid to the employee under s. 20 provided that it provides a medical certificate and complies with the physician's recommendations.

Art. Accessorial Activity

1 Employees advertise to their supervisor all public expenses and their paid activities outside of their work reports.

2 Activities that are performed outside the work reports require authorization if they:

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

3 The authorisation shall be refused, unless there is a risk of conflict of interest in the particular case. In particular, conflicts of interest may arise with the following activities:

A.
Advice or representation of third parties for matters that are part of the tasks of PUBLICA;
B.
Activities in relation to warrants executed on behalf of PUBLICA or that PUBLICA must allocate in the short term.

4 The authorization to carry on an ancillary activity is issued by the Board for the members of the Directorate; it is issued by the Directorate for other employees of PUBLICA.

Art. 48 Acceptance of donations, income from activities in favour of third parties in the framework of working reports, obligation to return income from activities in favour of third parties

1 Employees are prohibited from accepting or being promoted, for themselves or for others, for gifts or other benefits related to their commitment to PUBLICA.

2 Courtesy gifts and current social benefits of little value are not considered gifts or benefits.

3 Any acceptance of gifts or benefits within the meaning of para. 2 should be reported to the hierarchical superior.

4 PUBLICA employees must back him or her in whole or in part income from activities in favour of third parties that they exercise under their labour relations if they account for more than 10 % of the salary within the meaning of s. 13 to 15.

5 If the exercise of an activity in favour of third parties is of essential interest to PUBLICA, employees may be totally or partially discharged from the obligation to return income from activities in favour of third parties.

6 Furthermore, the provisions of the Regulation concerning compliance laid down by the Commission of the Fund shall apply. 1


1 Introduced by ch. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Art. Business concluded by employees on their own account

Cases concluded by employees on their own account shall be authorised in the framework of the Regulation on compliance laid down by the Commission of the Fund.

Art. 50 Professional secrecy, business secret and function secrecy

Employees are subject to professional secrecy, business secrecy and function secrecy. They are obliged to keep the secret of everything they have to know in the course of their activity. This obligation remains after the termination of the working reports.

Art. 50 A 1 Independence

Employees recuse themselves when they have to make a decision or participate as decision-makers in a decision that concerns:

A.
The legal status of an employer of which they have received or accepted an offer of current employment; or
B.
A party represented by a person who has worked for PUBLICA in the previous two years.

1 Introduced by ch. I of the Board of the Commission of the Caisse PUBLICA of 26 August 2010, approved by the CF on 24 Nov 2010, in force since 1 Er Jan 2011 ( RO 2010 5987 ).

Art. IT Security

Employees are required to comply with the Directorate's computer security provisions.

Art. Deposition in proceedings

1 Employees shall be prohibited from filing in court as parties, witnesses or experts on facts of which they have been informed in connection with the performance of their duties or in the performance of their duties, unless they are authorized to do so In writing.

2 The authorisation shall be granted:

A.
By the Fund Board, for the members of the Directorate;
B.
By the Directorate, for other employees.

Section 11 Liability of employees

Art. Disciplinary Responsibility

1 In the event of failure by an employee to comply with the obligations arising out of the contract of employment, the competent service according to Art. 7 opens disciplinary proceedings. He designates the person who will be responsible for the investigation. It may entrust the investigation to persons outside of PUBLICA.

2 The end of the working reports also ends the disciplinary procedure.

3 In so far as there is no reason for termination of the contract of employment under Art. 10 LPers, the competent service may, on the basis of the results of the investigation, order the following disciplinary measures:

A.
Warning, where the employee has failed to comply with his or her obligations by negligence;
B.
A reduction in the salary of up to 10 % for a maximum of one year, in addition to the warning provided at the whistle, where the employee has failed to meet his or her obligations intentionally or through gross negligence. 1

4 If the same facts give rise to criminal proceedings (art. 55), the decision on disciplinary measures may be postponed until the end of the criminal procedure.

5 Any measure must be ordered within one year of the discovery of the breach of professional obligations, but not later than three years after the last failure to fulfil those obligations. The limitation period is suspended for the duration of the criminal proceedings initiated because of the same or until a decision has been taken on the remedies in the criminal procedure or in the disciplinary procedure.

6 A disciplinary measure does not prejudge liability arising out of damage or criminal liability.


1 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).

Art. Financial Accountability

The financial responsibility of PUBLICA and its employees for the damage caused is governed by the Federal Law of 14 March 1958 on Liability 1 And by art. 52 of the Federal Act of 25 June 1982 on occupational pensions, survivors and invalidity 2 .


Art. Criminal liability

Where the breach of professional obligations is at the same time an offence under federal or cantonal criminal law, the competent service according to Art. 7 transmits the investigation file and the examination reports to the Public Prosecutor's Office of the Confederation.

Section 12 Participation and social partnership

Art. 56 Personnel Commission

1 A staff committee elected by the staff is constituted. The members of the Personnel Commission shall be elected by majority vote.

2 The Personnel Commission consists of four staff members elected by staff.

3 The Commission encourages collaboration between the Steering Committee and staff and strengthens the participation rights of employees.

4 The Staff Committee shall deliver opinions to the Steering Committee on:

A.
General personnel issues;
B.
Proposals for simplification and improvement of the service and proposals for measures in the field of construction;
C.
Proposals on health and training issues.

5 The Personnel Commission is participating in the review of the guiding principles of PUBLICA.

Art. 57 Associations of Confederation Personnel

1 The staff associations of the Confederation defend the interests of staff with regard to PUBLICA. They shall be consulted before any amendment to this Regulation.

2 PUBLICA meets with representatives of the Confederation staff associations at least once a year for an exchange of information.

Section 13 Legal

Art. Legal protection and procedure

1 An appeal against decisions of PUBLICA under labour law may be brought before the Federal Administrative Tribunal. 1

2 ... 2


1 New content according to c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, in effect since 1 Er Oct. 2013 ( RO 2013 3089 ).
2 Repealed by c. I of the Board of the Board PUBLICA of April 11, 2013, approved by the CF on September 13, 2013. 2013, with effect from 1 Er Oct. 2013 ( RO 2013 3089 ).

Art. Limitation period

The claims arising from the work reports are prescribed regardless of the date on which the work reports were terminated:

A.
After five years from the date of the claim;
B.
According to the provisions of the criminal law, where the claim is based on a criminal act for which a longer limitation period is foreseen.

Section 14 Final provisions

Art. 60 Transfer in new right

1 All work reports concluded under the former right shall be subject to the new right as soon as this Regulation enters into force.

2 Employees whose salary at the time of entry into force of this Regulation exceeds the upper limit of the range set out in Schedule 1 shall be entitled, for a period of one year from the entry into force of this Regulation, to the salary Collected up to then.

3 The Directorate may extend this deadline by:

A.
For persons who have reached a certain age;
B.
To avoid cases of rigor.

4 All vacation pay and compensation days resulting from the old right are taken up.

5 All years of service acquired under the former right are included.

Art. 61 Entry into force

This Regulation shall enter into force on 1 Er January 2010.

Annex 1

(art. 12, para. 3)

Table of salaries (condition 1. 1. 2010)

Salary Range

Average

Range Lower bound

Range Upper Limit

1

59,029

50 175

67 884

2

62,750

53,337

2,162

3

66,867

56,837

76,897

4

71,989

61 191

82,788

5

77,530

655,900

89 159

6

83 280

70,788

95,772

7

89,604

76 164

103,045

8

96 375

81,918

110,831

9

103,498

87,973

119,023

10

110,778

94,162

127,395

11

118 164

100 439

135 888

12

125,696

106,841

144,550

13

133 248

113,261

153

14

141 299

120 104

162,493

15

149,415

127 002

171,827

16

158,030

134,325

181,734

17

167 621

142,478

192 764

18

177,868

151,188

204,548

19

188,817

160 495

217,140

20

201,934

171,644

232 224

21

216 107

183 691

248 524

22

233,162

198 188

268,136

23

254,239

216 103

292,375

24

286,956

243 913

330 000


State 1 Er October 2013

Annex 2

(art. 18, para. 2)

Family allowance (condition 1. 1. 2009)

By Year

Monthly 1/12

For each child eligible for the allowance.

4,320

360

For each child eligible for the allowance that has reached 16 years of age and is in training.

4,320

360


State 1 Er October 2013

Annex 3

(art. 26, para. 2)

Participation of PUBLICA in the transitional pension

Age at retirement

Wage ranges 1 to 6

Pay ranges 7 to 10

Salary ranges 11 to 14

Pay ranges 15 to 24

60

80 %

55 %

50 %

50 %

61

85 %

60 %

50 %

50 %

62

90 %

70 %

50 %

50 %

63

95 %

75 %

55 %

50 %

64

100 %

80 %

60 %

50 %


State 1 Er October 2013