Rs 172.220.115 Commission Regulation Of The Fund Pública De 6 November 2009 Concerning The Staff Of The Federal Pension Fund Publica (Publica Staff Regulations)

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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
172.220.115 Commission Regulation of the Fund PUBLICA on personnel of the Federal Pension Fund PUBLICA (PUBLICA staff regulations) of November 6, 2009 (State October 1, 2013), approved by the federal Council on 16 December 2009 the Fund PUBLICA, the art Commission. 27, al. 2, 27 c, al. 7, 28, al. 3, and 37, al. 3, of the Act of March 24, 2000, on the staff of the Confederation (whistleblowers), under art. 2a, para. 2, order framework whistleblowers of 20 December 2000, enacts this Regulation: Section 1 purpose and scope of application article 1. this regulation governs labour relations of the employees of the Federal Pension Fund PUBLICA (PUBLICA).
It applies to all employees of PÚBLICA, including auxiliary staff, trainees, to those employed for a fixed term and the members of the Steering Committee; the al. 3 is reserved.
Learning with PÚBLICA reports are governed by the code of obligations and the Federal law of December 13, 2002 on vocational training.
The Direction stops including the following regulations: a. Regulation on the organisation of working time and on working models; b. the training regulations and the development v. fees regulations; d. availability on appeal regulations; e. Board of the staff regulations.

RS 220 RS 412.10 Section 2 political staff art. 2 principles in the context of economic opportunities, PÚBLICA offers its staff working conditions comply with the conditions of the market. It adopts a personnel policy which allows us to recruit and retain his staff.
Branch creates tools to carry out the personnel policy, enacts guidelines for their implementation, and shall periodically report to the Commission of the Fund to the achievement of the objectives set.

S. 3 development of PUBLICA staff promotes the professional development of all its employees for the purpose of improving the quality of their services, to develop their professional and social skills, and increase their chances on the labour market.
Employees follow a development adapted to their abilities and PUBLICA and the labour market requirements.
PUBLICA participates in a fair proportion to cover the costs of training and development.

S. 4 agreement on the objectives and evaluation of the benefits in the process of fixing the objectives and evaluation of the benefits, the superior hierarchical has at least once a year a personal interview with each person who subordinates directly.
The achievement of the objectives set for benefits and behavior is decisive in the evaluation.

S. 5 levels of evaluation benefits employees are evaluated according to the following levels: a. level 1 = did achieve not; b. level 2 = achieved to a large extent, v. level 3 = achieved fully; d. level 4 = exceeds objectives.

The assessment is done in writing.
Employees who do not agree with the assessment of their benefits may request its examination to superior hierarchical of their superior direct; the application must be made in writing within 14 days following receipt of the evaluation. After talking with the employee and his superior direct, the superior of the latter makes a decision within 14 days.

S. 6 maintenance of assessment the assessment interview aims to take stock of the work done and advancing employees.
During the assessment interview, the superior hierarchical provides to persons that are directly subordinate to him an appreciation duly motivated by their work. The two parties also evoke the conditions in which work is provided, agree on the objectives to be achieved during the coming year and fix possible professional development measures.
The collaborator is expressed on the manner in which it is directed by his supervisor. This feedback serves both the personal development of managers and their evolution in the context of the company.

Section 3 reports of work article 6aMise in the contest of the positions to be filled are a public contest update on the part of PUBLICA.
PUBLICA may be waived to contest positions: a. which are limited to a maximum period of one year. OUB. which shall be provided by employees or persons who have completed their learning.

Introduced by chapter I of R, the Commission of the Fund PÚBLICA de April 11, 2013, approved by the CF on 13 seven. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

S. 7 birth of labour relations and competence working relationships are born at the time of the conclusion of the written contract of employment signed by PÚBLICA and the collaborator to engage.
The Commission of the Fund committed the Director and on a proposal it, the Deputy Director.
The Director and his alternate form the Direction.
The management committed the other collaborators.

S. 8 trial period the trial period lasts three months. Are reserved the al. 3 and 4.
When, during the test time, the job is interrupted because of illness, accident or fulfilment of a legal obligation the worker without that he asked him to assume, the probationary period is extended accordingly.
If the contract term, PUBLICA may waive set a trial period or shorten this period.
PUBLICA may set the trial to six months maximum period: a. for persons who, because of their functions, are provided in the collective 2 of the PUBLICA pension fund plans; b. for people exercising in the areas of asset management, of the assessment of risks, finance or law a function that requires specific knowledge.

New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).
Introduced by chapter I of R, the Commission of the Fund PÚBLICA de April 11, 2013, approved by the CF on 13 seven. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

S. 8adelais of leave during the trial period, the employment relationship may be terminated: a. for the end of the week following that where leave has been notified, the first two months of test; b. for the end of the month following the one where leave has been notified, from the third month of testing.

After the trial period, the employment relationship may be terminated at the end of the month. The period of leave is: a. three months during the first five years of service; b. four months from the sixth to the tenth year of service included; c. six months from the eleventh year of service.

The number of years of service is the uninterrupted period of commitment in PUBLICA, the training period within the meaning of the legislation on vocational training and leave without pay in a month is not recorded in this period.

Introduced by chapter I of R, the Commission of the Fund PÚBLICA de April 11, 2013, approved by the CF on 13 seven. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

S. 8bactivite beyond the ordinary age of retirement PUBLICA can: a. continue to employ its staff even after the age limit set in art. 21 of the Federal Act of 20 December 1946 on old-age and survivors (LAVS); b. hire people even after the age limit set in art. 21 LAVS.

If these working relationships are not limited in time, they cease without termination at the end of the month following the 70 anniversary.

Introduced by chapter I of R, the Commission of the Fund PÚBLICA de April 11, 2013, approved by the CF on 13 seven. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).
RS 831.10 s. 9 measures support if, for economic reasons or for reasons of operation, PUBLICA needs to lay off a large part of its workforce, it adopts measures of support for the staff concerned upon hearing the associations of the personnel of the Confederation (art. 57).
These measures include welfare benefits, in particular measures to support the career transition or early retirement benefits.
In the event of restructuring, coworkers can be a setting for early retirement, at the earliest at the age of 55 years of age, provided that they have not refused another job which could reasonably be required of them.
He can there have put retirement only if one of the following conditions is met: a. abolition of the post; b. modification of tasks to an extent exceeding what may reasonably be required of the collaborator.

It is taken into account any income from a gainful occupation exercised with an employer within the meaning of art. 3 whistleblowers.
If employees are being put to early retirement pursuant to para. 3, PUBLICA paid a retirement pension and a transitional pension non-refundable in accordance with the rules of welfare for employees and beneficiaries of pension by Provident Fund PUBLICA (regulations of provident PÚBLICA). This old-age pension is calculated as a disability according to the art. 59 of regulation of security PUBLICA.
The PUBLICA employer pays to the Federal Pension Fund PUBLICA capital of required coverage to the financing of old age and the transitional pension annuity.

Not published in the RO (see FF 2009 8305). Regulation of insurance can be obtained from PÚBLICA; It can be downloaded on the Internet at the following address: www.publica.ch.


S. 10 right to compensation when PUBLICA cancels labour relations though no fault of the employee, the latter receives compensation: a. If the working relationship lasted at least 15 years, or (b). If it is at least 51 years of age.

The termination of the employment relationship is considered to be due to a fault of the employee: a. when PUBLICA terminates them for any of the grounds listed in art. 10, al. 3, let. a to d, or 4, whistleblowers; OUB. When the employee refuses another work that may reasonably be required of him at PÚBLICA or another employer within the meaning of art. 3 whistleblowers.

The allowance provided for in para. 1 can also be paid when the reports of work by mutual agreement is terminated.
6...
People who are engaged with an employer within the meaning of art. 3 whistleblowers in the year following the termination of the working relationship must repay the allowance that they have collected in proportion to the number of months of work already carried out this year with the new employer.
The al. 1 and 7 do not apply to employees subject to the order of 19 December 2003 on the salaries of executives.

New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).
Repealed by chapter I of R, the Commission of the Fund PÚBLICA de April 11, 2013, approved by the CF on 13 seven. 2013, with effect from Oct. 1. 2013 (2013 3089 RO).
RS 172.220.12 s. 11 amount of compensation the amount of compensation to which the employee is entitled in the cases referred to in art. 10, al. 1, let. has, is the number of months following salary: number of years of service allowance from the 15 to the 20 year of service completed 3 months of salary from the 21 to the 25 year of service completed 4 months of salary from the 26 year of service completed 5 months of salary the number of years of service corresponds to the unbroken commitment in PUBLICA the training period within the meaning of the legislation on vocational training and leave not paid more for a month is not recorded in this period.
The amount of compensation to which the employee is entitled in the cases referred to in art. 10, al. 1, let. b, is equal with the number of months following pay: age allowance of 51-55 years of age 2 months of salary from 56 to 60 years of age 3 months of salary from 61 years of age 4 months of salary if the employee meets both the conditions laid down in art. 10, al. 1, let. has and the conditions laid down in art. 10, al. 1, let. (b), the indemnities received under paras. 1 and 3 are additive.
The payment received under art. 10, al. 3, shall not exceed three months of salary.

New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).
New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

Section 4 salary and supplements payday articles 12 Elements of the structure of the salary is determined by the function, experience and services provided.
To determine the base salary, account shall be taken in a just measure training and experience professional and old, as well as the situation on the labour market.
The functions are divided into 24 salary ranges. The latter, including their averages and ranges of salaries, are defined in annex 1.
The average salary range serves as basis for the calculation of the share, in final salary, service, experience and the variable part of the benefits.
The amount of wages may fall below the lower limit of the target range for the reporting pay range, including: a. when the commitment of the contributor; b. when the employee does not have or has little practical experience in the function concerned.

The situation on the labour market may also be taken into account.
The maximum amount for a salary range consists of the maximum of the salary base and the maximum of the variable part of the benefits.
The maximum salary of the Director corresponds to the maximum amount set for the salary range 24.
The salary is paid in thirteen parts. 13 share is paid half in June and half in December.

S. 13 part of the function and the function evaluation functions are determined on the basis of the following criteria: training, professional experience, communications requirements, level of independence, diversity of tasks, skills in leadership, responsibility for costs and result, influence on the result of the company and its image. They are then assigned to a pay range.
The assignment of management functions to a salary range is performed by the Board of the Fund; the assignment to a pay range of the functions of other employees is performed by the Division.

S. 14 part of the experience part of the experience is determined by the experience professional and extraprofessionnelle required by the function. The duration of the training is not taken into account.
If there is change of position within the company, part of the experience is redefined.

S. 15 variable part the variable part of benefits benefits is determined based on the benefits and the behaviour of the employee, of the level of achievement of its objectives and the results of the company.
It is set each year on the basis of the evaluation of the benefits.

S. 16 compensation of higher prices from the service (art. 13) and the family allowance (art. 18) are adjusted for inflation. After hearing the staff (art. 57), branch associations submits to the Commission of the Fund a proposal whether if an adaptation must take place and, if so, to what extent.

S. 17 hourly wage if the work is irregular, it may be agreed that an hourly wage with the collaborator.
The hourly wage is the determining salary 2050. The 13th month's salary is included in the hourly wage.
Compensation awarded in lieu of the holiday amounts to: a. 10.64% if contributor is entitled to five weeks of vacation; b. 13,04% If the contributor is entitled to six weeks of vacation.

If the employee is unable to work without fault of his own, he sees an extra 2.5% on the hourly in place and place of wages in case of illness.

S. 18 family allowance PUBLICA pays its employees for each of their children, the family allowance provided for by the Federal law of March 24, 2006 on family allowances and the order of October 31, 2007 on family allowances.
The family allowance and other additional benefits of PUBLICA are laid down in annex 2.

RS 836.2 RS 836.21 s. 19 a loyalty bonus loyalty bonus is granted after five years of service to PUBLICA. The amount of this premium is defined on the basis of the wage determinant on the day where the premium is due (arts. 13-15) and is: a. a 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 instalment of five years.

The number of years of service is the uninterrupted period of commitment in PUBLICA, the training period within the meaning of the legislation on vocational training and leave without pay in a month is not recorded in this period.
With the agreement of the supervisor, the employee may collect all or part of the premium of loyalty in the form of paid leave; These can only be taken in increments of one week.
When the fidelity premium is collected in the form of paid leave, the leave must be taken within two years following the birth of the right. Days of leave not taken at the expiry of that period are lost and do not give right to any compensation.
If the occupancy rate of the collaborator has been less than 100%, albeit intermittently, during the five years of service previous, the average occupancy rate during that period is relevant for the calculation of the amount in cash.
The branch may refuse the payment of all or part of the loyalty bonus to employees whose benefits are classified in the assessment step 1.

New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

Section 5 benefits social art. 20 payment of wages in case of illness or accident if the collaborator is, without fault on his part, unable to work from is illness or an accident and that its working relationship lasted more than three months or that the contract of employment was concluded for a period of more than three months, he is entitled to the salary which he was receiving until then and the family allowance until he finds his working capacity , but for twelve months maximum.
The payment of wages can continue until the outcome of medical examinations or the granting of an annuity, while up to twelve additional months.
It shall end in all cases with the cessation of the employment relationship.

After discussion with the superior direct, human resources service may order examination of the collaborator by the medical consultant of PUBLICA for the purpose to establish its working capacity. If the employee refuses to visit medical consultant, there no right to the maintenance of his wages for the incapacity for work he asserts.
Compulsory insurance benefits shall be counted against the salary.

S. 21 maintenance of wages in the event of execution of legal obligations or the exercise of a public office when the employee is absent because it runs legal obligations or exercising a public office authorized, he is entitled to the salary which he was receiving until then and the family allowance if the working relationship lasted more than three months or that the employment contract was concluded for more than three months.
The payment of wages shall end in all cases with the cessation of the employment relationship.

S. 22 maintenance of wages in the event of compulsory service in the army or in the Swiss civil protection or for the duration of the civil service in case of absence due to compulsory service in the army or in the Swiss civil protection or for the duration of the civil service, the employee assigned to the service is entitled, for up to 25 working days per calendar year , the salary which he was receiving until then and to the family allowance. The allowance for loss of earnings under the Act is equivalent to PUBLICA.
If the total number of days of a fine exceeds 25 days of work, the right to the maintenance of the wages is reduced for the additional penalty days: a. 80% of the perceived wage until then if the employee has an obligation to maintenance; b. to 60% of the perceived wage until then if the employee has no obligation to provide maintenance.

If the allowance for loss of gain exceeds the amount of the wages to which the employee is entitled, the wage is paid to the amount of this allowance.
In the event of voluntary services, salary continues to be paid for five days as long as the total of days of penalty payment has not reached 25 days per calendar year.
The family allowance is paid fully.
The payment of wages shall end in all cases with the cessation of the employment relationship.

S. 23 maintenance of wages in the event of maternity and adoption in the event of interruption of work due to maternity, the salary that the contributor was receiving until then and the family allowance continues to be paid for four months.
The collaborator may, if it so wishes, stop working two weeks before the expected date of childbirth.
If the right to the salary referred to in para. 1 shall end before the expiry of the right to the allowance of maternity under the art. 16b to 16 h of the Federal law of September 25, 1952, on allowances for loss of income due to the postponement of the payment of this allowance, only under the LAPG maternity allowance is paid to the contributor during the period between the end of the right to wages and the end of entitlement to the allowance.
If the employee welcomes young children for later adoption, it can interrupt his work two months provided that he has completed at least one year of service; During these two months, he is entitled to the salary which he was receiving until then and to the family allowance. If both adoptive parents working with PUBLICA, the right to wage applies only to one of them. However, they may distribute freely among them two months of absence.
In the case of fixed-term working relationships, salary is maintained at the latest until the end of the employment contract.

RS 834.1 s. 24 maintenance of wages in the event of death of the employee if the employee dies, his salary, allowance included, continues to be paid for the current month and the following two months.

Section 6 contingency professional art. 25 insurance PUBLICA staff is provided with PUBLICA in accordance with the provisions of the whistleblowers on occupational and the law of 20 December 2006 on PUBLICA.
Rate of pay within the meaning of the art. 12 to 17 is considered as determining salary and is provided with PUBLICA under the regulatory provisions.
As an employer, PUBLICA may participate in regulatory redemption if the person to enter into contingency cover seems inadequate at the time of its commitment. The decision in this matter is the responsibility of the Committee of the Fund.
If PUBLICA is granted a leave without pay or partially over two months of paid leave, the employee and his superior direct determine jointly, after agreement with the Department of human resources, if the insurance will be maintained beyond the third month of vacation and to what extent it will be; They also agree the financing of premiums.
If the employee reduces its working time after 60 years and before reaching the age of 65 and that the insurance should be maintained in its entirety, should the funding of contributions with his supervisor in consultation with the human resources service.
Moreover, the PUBLICA pension regulations shall apply.

RS 172.222.1-not published in the RO (see FF 2009 8305). Regulation of insurance can be obtained from PÚBLICA; It can be downloaded on the Internet at the following address: www.publica.ch.

S. 26 transitional pension when a person receives a full transitional pension or a transitional half pension, PUBLICA assumes, as an employer, a portion of the financing costs of the transitional pension actually perceived as working relationships have lasted at least five years before the retirement.
The participation of the PUBLICA employer is laid down in annex 3.
If the working relationship lasted less than five years before the retirement, PUBLICA participates in costs, as an employer, up to 25%.
The number of years of service is the uninterrupted period of commitment in PUBLICA, the training period within the meaning of the legislation on vocational training and leave without pay in a month is not recorded in this period.

New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

Section 7 other benefits of employment article 27 granting of discounts on products and services PUBLICA may grant discounts on its products and services to its employees. These discounts relate to: a. the basic offer: it contains valid insurance coverage throughout the company; paid by PUBLICA, they exceed the legal minimum; b. modular offer: it allows employees to compose an offer defined according to their individual needs.

Discounts amounted up to 2.5% of the budget for staff.
Each year, the Direction sets the volume and nature of the discount depending on the financial situation of PUBLICA.

S. 28 charges PUBLICA reimburse employees inherent in the exercise of their professional activity, provided that they are not supported by third parties.
Employees who work part-time receive the same benefits that employees working full time.

S. 29 proposals for improvement PUBLICA encourages the involvement of staff in the process of quality management with an invitation to make proposals for improvement in relation to the activity of the company PUBLICA.
The implementation of the improvements may be rewarded with a premium in kind defined in the system of management of quality (QMS) internal PUBLICA.

S. 30 spontaneous premiums premiums in nature as defined by the QMS may be granted to reward spontaneously the specific benefits.

Section 8 working time, holidays and holiday art. 31 working time the duration of the working week is 42 hours full-time; the duration of the working day is 8 hours and 24 minutes.
The normal working hours is reduced depending on the occupancy rate for persons occupying a part-time position.

S. 32 appeal PUBLICA availability may require employees who must be ready to intervene outside their normal working hours, for example, addressing technical problems, respond to an emergency situation, carry out checks or other exceptional event, whether they are reachable by phone.

S. 33 days off and holidays on Saturdays, Sundays and public holidays are non-work days.
Are considered holidays new year and 2 January, good Friday, Monday of Easter, Ascension, Pentecost Monday, the national holiday, the day before Christmas, Christmas, the St. Stephen and Eve.
Public holidays that fall during a period where the employee is absent due to illness, accident or compulsory service are considered as taken.
Public holidays that fall during the holidays are not considered vacation.

S. 34 vacation employees are entitled to five weeks of holiday per calendar year. They are entitled to six weeks of holiday per calendar year from the year in which they reach the age of 50 years or if they have less than 20 years.
The holiday must be taken during the calendar year pensionable right to holidays. The employee must take at least two weeks of vacation consecutively.
Employees set their vacation by mutual agreement with their superior hierarchical taking into account the interests of the company.

S. 35 reduction in the number of vacation days


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 of: a. 90 days for illness, accident or compulsory service; top 90 days of absence are not taken into account in the calculation of the reduction; b. 30 days leave due not paid; c. 30 days when he was prevented from working by his own fault.

The absence due to maternity leave does not give rise to a reduction in the number of vacation days.

Section 9 Protection of data relating to persons and their health article 36 principles for the purposes of management of personnel, PUBLICA can administer databases containing personal data relating to employees and their health.
The masters of the file are the human resources service and the direct superiors.
They are responsible for the data they process.
Management maintains the list of databases. This list is brought to the attention of staff.
Employees, or the staff (art. 57) associations representing them, are consulted before the establishment or modification of a database.

S. 37 right of access and rectification of the data the employees can request if the data are contained in a database. This information is communicated to them free of charge.
They may in writing authorize third parties to consult their file or to be informed about the processed data concerning them.
If data is inaccurate or incomplete, or if they do not correspond to the purpose for which they have been treated, the master of the file must correct or destroy them immediately.
The provisions of the legislation on the protection of the data that govern the right of access remain reserved.

S. 38 publication and communication of data the data falling within the private sphere of the contributor can be published only on the Intranet in an organ of publication for internal use or on an array of internal display; they can be published only if the employee has previously consented in writing.
Data concerning a collaborator can be communicated to third parties, in particular to a new employer, financial institutions or credit institutions or an owner, if this contributor has consented in writing to such time as they are transmitted. Consent is deemed given when the contributor designated PÚBLICA as a reference for the communication of information.
Data communication is limited to the necessary information with regard to the purpose of the request.

S. 39 principles governing treatment data human resources service treats the data necessary for the performance of its tasks, including the information contained in the candidature file, the contract of employment, the description of the position and form of personal evaluation, and decisions based on personal evaluation, the employee absences, medical certificates, the results of tests of personality or assessment of potentials and snippets of public registers.
Supervisors deal with the data necessary for the performance of their assessment tasks, including the data contained in the convention forms objectives and evaluation of benefits and data relating to the salary adjustments based on the services provided.
Employees may be subject to personality tests or assessment of their abilities or their professional and personal potential tests unless they have previously consented.
Employees must be informed in advance of the purpose of the test as well as the use that will be made of results and who will take knowledge.
The following time limits are applicable to data retention: a. for General personnel records: ten years after the end of the working relationship; b. for information relating to measures of welfare, administrative measures, the prosecution and criminal measures: five years after the implementation of the measure; c. for personality profiles: five years after the collection of the data unless the person concerned has consented in writing to that data are kept longer; d. for the results of tests of personality or potential assessment: five years after the test.

After expiration of the retention period, the data must be processed in accordance with art. 21 of the Act of June 19, 1992, on the protection of data (LPD).
When a candidate is rejected, all data pertaining to the candidate, with the exception of the letter of nomination, are returned within three months following the end of the recruitment procedure; otherwise agreed with candidates are reserved. These data may be kept longer if they are necessary for the processing of the appeal referred to in art. 13, al. 2, of the Act of 24 March 1995 on equality.

SR 235.1 RS 151.1 s. 40 access online data with the exception of sensitive data with the meaning of art. 3, let. c, LPD and profiles of personality within the meaning of art. 3, let. d, LPD, access to data by appellate proceedings may be considered for: a. the central compensation office of the old-age and survivors: data needed to update the individual accounts of staff; b. the Federal Pension Fund: data needed to update the individual accounts of staff; c. the financial institution of PUBLICA: data necessary for the payment of the salaries of the staff.

SR 235.1 s. 41 data paper data security must be kept under lock and key.
PUBLICA operates its own computer system of personnel management; This system contains data relating to persons who are employed or have been employed by PUBLICA. Pursuant to art. 16 by order of 14 June 1993 concerning the Federal Act on the protection of data, PUBLICA told the Swiss federal data protection and transparency, this file.

SR 235.11 s. 42 computer system of the computer system of the personnel management personnel management serves the following purposes: a. centralize data relating to staff management and standardize the operation; b. allow processing of the salary data, conduct assessments, simulations; budget and schedules of personnel costs c. integrate data relating to personnel management in the system of financial management and accounting etd. manage, with the agreement of the employee, data relevant to the development of management capacities.

It contains the following sensitive data employees: a. nationality; b. retirement for medical reasons; c. maternity leave; d. levels of performance evaluation, summer. nationality of the members of the family.

The human resources department manages and maintains the computer system of personnel management.
Competent employees of the human resources service have access to the data of the personnel management system and can treat them.

S. 43 medical records medical records contain the results of medical examinations and the appreciation of the medical consultant of PUBLICA necessary for the evaluation of the suitability of employees for the duration of work or reports in the context of the continued payment of wages obligation referred to art. 20. the medical record is kept with the medical consultant.
Health-related data are collected on paper. Some data, such as the name of the employee, can be treated with automated billing or statistical purposes. The automated processing of medical data must be a system clos; It should be connected to any other electronic data processing system.
The right of access of employees is governed by art. 37. If the medical consultant of PUBLICA considers that the content of the medical record could be prejudicial to the collaborator, the data contained in this folder may be communicated to the medical adviser designated by the employee.
The discretion of the medical consultant of PUBLICA is sent to human resources service. The content of the medical record is communicated in the service of human resources or third parties unless the person concerned has given prior written consent. If the person concerned has not given its consent, the branch may authorize the disclosure of data relating to health (art. 28, paras. 3 and 4, whistleblowers).

Section 10 homework General s. 44 principles governing the behaviour of staff employees of PUBLICA behave and express themselves so as to maintain the reputation and credibility of PUBLICA.
They avoid any conflict of interest between them and PUBLICA and publicize these conflicts of interest if it is not possible to avoid them.
They perform the work entrusted to them with diligence; they perform their duties to the best of their knowledge and abilities and focus on the interests of PUBLICA.

S. 45 obligation to inform employees who cannot come to work due to illness or accident or who are prevented from working for any other reason shall immediately inform their superior hierarchical.
Supervisors and employees communicate early enough all the important information for the work, the personnel administration and insurance.

S. 46 medical certificate


If they are absent more than five days for illness or accident, employees must provide a medical certificate to the human resources service. In the event of repeated absences due to illness or accident, or when other circumstances warrant, the human resources service can reduce this time.
The absentees for a long time for illness must provide a new medical certificate every three weeks.
Salary continues to be paid to the contributor under art. 20 provided that it provides a medical certificate and that it conforms to the recommendations of the doctor.

S. 47 ancillary activity employees announce to their superior hierarchical all public burdens and rewards activities they perform outside their working relationship.
Activities carried on outside the working relationship require authorization, if they: a. engage the employee in a measure likely to jeopardize his performances in activity on behalf of PUBLICA; b. may, by their nature, generate a conflict with the interests of the service.

The authorization is denied, unless any risk of conflict of interest cannot be ruled out in the particular case. Conflicts of interest arise particularly with the following activities: a. advice or representation of third parties for matters which are part of the tasks of PUBLICA; b. activities related to mandates carried out on behalf of PUBLICA or PÚBLICA must assign in the short term.

Authorization to exercise an ancillary activity is issued by the Board of the Fund for the members of the management; It is issued by the Directorate for other public employees.

S. 48 acceptance of donations, income from activities in favour of third parties in the context of the employment relationship, obligation to reconvey income from activities in favour of third parties the employees were forbidden to accept or to promise to themselves or others, gifts or other benefits in relation to their involvement with PUBLICA.
Gifts of courtesy and common benefits of little value are not considered as gifts or benefits.
Any acceptance of gifts or advantages within the meaning of para. 2 must be reported to superior hierarchical.
PUBLICA employees must surrender it in whole or in part income from activities in favour of third parties they carry out under their working relationship if these revenues represent more than 10% of the salary within the meaning of the art. 13-15.
If the pursuit of an activity in the favour of third parties is of essential interest for PUBLICA, employees may be released wholly or partially from the obligation to surrender income from activities in favour of third parties.
Furthermore, the provisions of the regulation concerning compliance as enacted by the Commission of the Fund shall apply.

Introduced by c. I of R, the Commission of the Fund PÚBLICA de April 11, 2013, approved by the CF on 13 seven. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

S. 49 transactions by employees for their own account transactions by employees for their own account are allowed under the compliance regulation enacted by the Commission of the Fund.

S. 50 confidentiality, trade secret and secret service employees are subject to professional secrecy, the business secret and the secret of function. They are required to keep secret everything they have to know in the exercise of their activity. This requirement is in effect after the termination of the employment relationship.

S. 50aindependance employees deny when they make a decision or participate as decision makers in a decision concerning: a. the legal status of an employer which they received or accepted a current job offer; OUB. a party represented by a person who worked for PUBLICA in the previous two years.

Introduced by chapter I of R, the Commission of the Fund PUBLICA of August 26, 2010, approved by the CF on 24 nov. 2010, in force since 1 Jan. 2011 (2010 5987 RO).

S. 51 security employees are required to comply with the provisions laid down by the management and it security.

S. 52 deposition proceedings is prohibited to employees to submit to justice as the parties, witnesses or experts on facts of which they had knowledge in connection with the fulfilment of their duties or in the performance of their duties, unless they are authorized in writing.
Is granted: a. by the Commission of the Fund, to the members of the Executive; b. by the Directorate, for other employees.

Section 11 liability of employees art. 53 disciplinary liability for breach of a contributor to the obligations arising from the contract of employment, the competent service according to the art. 7 opens disciplinary proceedings. It designates the person who will be responsible for the investigation. It may entrust the investigation to persons outside PUBLICA.
The end of the working relationship also puts end to disciplinary proceedings.
Provided that there are no grounds for termination of the employment contract according to art. 10 whistleblowers, the competent authority may, on the basis of the results of the survey, order the following disciplinary measures: a. warning, when the employee has breached its obligations by negligence; b. the wage reduction that can go up to 10% a year at most, in addition to the warning provided to the let. a, when the employee has breached its obligations intentionally or by serious negligence.

If the same facts give rise to criminal proceedings (art. 55), decision on disciplinary measures may be postponed until the end of the criminal proceedings.
All measures must be ordered within a period of one year after the discovery of the breach of professional obligations, but no later than three years after the last breach of those obligations. The limitation period is suspended for the duration of the criminal proceedings due to the same fact or until a decision was taken on legal remedies in criminal proceedings or in the disciplinary procedure.
Disciplinary action does not prejudge neither injury nor criminally liability.

New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).

S. 54 financial responsibility accountability PUBLICA, and its employees for damage caused is governed by the Federal law of 14 March 1958 on the responsibility and art. 52 of the Federal Act of 25 June 1982 on occupational old-age, survivors, and disability insurance.

RS 170.32 RS 831.40 s. 55 criminal liability where the breach of professional obligations at the same time constitutes an offence under criminal law federal or cantonal, competent service according to art. 7 shall transmit the record of the investigation and interrogation reports to the public prosecutor of the Confederation.

Section 12 Participation and social partnership art. 56 commission staff a staff elected by the Staff Committee is organized. Members of the personnel Committee are elected majority.
The Commission's staff consists of four employees elected by the staff.
The Commission encourages collaboration between the Steering Committee and the staff and strengthens the participation rights of the employees.
The Commission's staff makes notices to the attention of the Steering Committee on: a. General issues to staff; b. proposals of simplification and improvement of the service and proposals for measures in the field of construction; c. proposals relating to issues of health and training.

The Commission's staff participates in the review of the guiding principles of PUBLICA.

S. 57 associations of the personnel of the Confederation Confederation staff associations serve the interests of staff towards PUBLICA. They shall be consulted before any amendment of this regulation.
PUBLICA meets with representatives of associations of the personnel of the Confederation at least once per year for an exchange of information.

Section 13 litigation art. 58 legal protection and procedure an appeal against PUBLICA decisions falling under the labour law may be brought before the federal administrative court.


New content according to c. I to the R of the Board of the caisse PÚBLICA de April 11, 2013, approved by the CF Sept. 13. 2013, in effect since Oct. 1. 2013 (2013 3089 RO).
Repealed by chapter I of R, the Commission of the Fund PÚBLICA de April 11, 2013, approved by the CF on 13 seven. 2013, with effect from Oct. 1. 2013 (2013 3089 RO).

S. 59 prescription claims arising from labour relations lapse, irrespective of the date on which the employment relationship ended: a. after five years from expiry of the claim; b. According to the provisions of criminal law, when the claim is based on a criminal fact for which a longer limitation period is intended.

Section 14 provisions finals s. 60 transfer in the new law all work entered into under the old law reports are subject to the new law as soon as this Regulation comes into force.

Employees whose wage determining at the time of the entry into force of this regulation exceeds the upper limit of the range set out in Schedule 1 are entitled for one year from the entry into force of this regulation, to the salary that they perceived until then.
Management may extend this time: a. for people who have reached a certain age; b. to avoid cases of hardship.

All balances of holidays and days of compensation resulting from the old law are taken.
All the years of service acquired under the old law are listed.

S. 61 entry into force this Regulation shall enter into force on January 1, 2010.

Annex 1 (article 12, Al 3) schedule of salaries (State at 1. 1. 2010) Beach pay average range limit lower range limit superior 1 59 029 50 175 67 884 2 62 750 53 337 72 162 3 66 867 56 837 76 897 4 71 989 61 191 82 788 5 77 530 65 900 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 13 133 248 113 261 153 236 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 October 1, 2013 Appendix 2 (art. 18, para. 2) family allowance (status at 1. 1. 2009) per year per month 1/12 for each child giving right to the allowance.

4 320 360 for each right giving child allowance which has reached the age of 16 and is in training.

4 320 360 State October 1, 2013 Appendix 3 (art. 26, al. 2) Participation de PÚBLICA at the transitional Pension Age at the time of the retirement salary ranges 1 to 6 salary ranges 7 to 10 salary ranges 11 to 14 salary 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 October 1, 2013

Related Laws