Rs 172.220.114 Order Of August 27, 2001, On The Staff Of The Federal Court (Operstf)

Original Language Title: RS 172.220.114 Ordonnance du 27 août 2001 sur le personnel du Tribunal fédéral (OPersTF)

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172.220.114 order on the staff of the federal court (OPersTF) of August 27, 2001 (Status January 1, 2016) the Swiss federal court, view of art. 37, al. 2, of the Act of March 24, 2000, on the staff of the Confederation (FPL), stop: Section 1 provisions general art. 1 (art. 2 FPL) this order regulates the work of the staff of the federal court reports. It is complemented by circulars and guidelines.
The Ordinance of 3 July 2001 on the staff of the Confederation shall apply insofar as this order refers.
This order is not applicable: a. personnel subject to the code of obligations (CO) (art. 6, para. 5 and 6 FPL); b. apprentices subject to the Federal law of 19 April 1978 on vocational training.

In this order, the generic masculine is used to refer to both sexes.
New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).
RS 172.220.111.3 RS 220 [RO 1979 1687, 1985 660 c. I 21, 1987 600 art. 17 para. 3, 1991 857 app. ch. 4, 1992 288 Annex 17 2521 art. 55 ch. 1 ch., 1996 2588 art. 25 para. 2, annex c. 1, 1998 1822 art. 2, 1999 2374 ch. I 2, 2003 187 annex ch. II 2.] [RO 2003 4557 annex ch. I-1]. See now the LF Dec. 13. 2002 (RS 412.10).

Section 2 policy personnel art. 2 development and staff training (art. 4, para. 2, let. b, FPL) staff and management policy tends to develop and strengthen the skills of all employees and ensure their professional mobility. It must provide them with the ability to participate in the preparation and implementation of the necessary innovations.
The employee is required to acquire the training skills and the requirements of his job, and to adapt to innovations.
The employer bears the cost of training acquired in his interest, and takes in charge the time required.
The employer can impose on the employee to bear all or part of the costs of training acquired in its own interest, and to support himself all or part of the time.
The employee may be required to reimburse training costs borne by the employer: a. when he interrupted training; forgotten the source. When the employment relationship is terminated by him less than two years after completion of training and that they are not followed by a commitment at the service of the Confederacy.

The general secretariat proposes courses or training courses. A specific training programme is proposed to clerks, developed an agreement with them.

New content according to chapter I of O of the TF of June 22, 2012, in force since July 1. 2012 (2012 3775 RO).

Art. 3 equality of treatment between women and men; protection of personality (art. 4, para. 2, let. d and g, FPL) employees should be an advantage or discriminated against because of their gender or their way of life.
Managers ensure the dignity of women and human rights at the workplace; they take the necessary measures against all forms of sexual harassment and breach of privacy.
The personnel department ensures appropriate information of employees on the Federal Act of 24 March 1995 on equality between women and men. People turn to him in case of problems in this area.

RS 151.1 art. 4 medical service and rehabilitation measures (art. 4, para. 2, let. g, FPL) for medical examinations and occupational medicine measures, the federal court has recourse to the services of the medical service designated by the federal Department of Finance (FDF).
If an employee is unable to work due to illness or accident, all means relevant and reasonable to reinstate him in the world of work (rehabilitation measures) are implemented. It can be called upon for expert services to conduct reviews.
The employee may be required to collaborate in the implementation of rehabilitation measures.

New content according to chapter I of O of the TF on August 21, 2008, in force since July 1. 2008 (RO 2008 4299).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
Introduced by chapter I of O of the TF on August 21, 2008, in force since July 1. 2008 (RO 2008 4299).
Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 5 family responsibilities and social obligations (art. 4, para. 2, let. i, FPL) insofar as the needs of the employer allow it, working conditions are arranged so that employees can take their family responsibilities and their social commitments.
The federal Tribunal offers part-time jobs.

Art. 6 information (art. 4, para. 2, let. k, FPL) executives and employees inform each other, time and adapted to the needs of their respective tasks.
The general secretariat informed staff of full and fast way on issues of general importance.

Section 3 individual interview and evaluation art. Goal 7 (art. 4, para. 3, FPL) assessment interview contributes to the development of the skills of the employee; It allows to provide recognition and criticism, and to make the point about his professional situation. On this occasion, managers inform the assessment of employees with respect to their management.
The assessment of the employee, the objectives agreed about its benefits and its behavior, determines the progression of his salary.

Art. 8 principles (art. 4, para. 3, FPL) each year, managers conduct an interview with each of their employees, and make their assessment.
The employee is filled in on the main principles of maintenance, its assessment and the progression of his salary.
The general secretariat ensures the development of appropriate methods.

Art. 9Echelons of appreciation (art. 4, para. 3, FPL) staff benefits are evaluated according to the following four levels: A +: very good: clearly exceed the requirements;
A: good: completely meet the requirements;
Sufficient B:: meet to a large extent to the requirements;
C: not enough: do not meet the requirements.

New content according to section I of the O of the TF on August 3, 2009, in effect since Sept. 1. 2009 (2009 3961 RO).
New content according to chapter I of the O of the TF of June 29, 2015, in effect since August 1, 2015 (RO 2015 2339).

Section 4 record art. 10 (art. 5 FPL) personnel services is periodically, for the employer and the Federal Assembly, the information to assess the achievement of the objectives of the Federal law on staff of the Confederation; He prepares their transmission.

Section 5-Creation, modification and cessation of work article reports 11 posts (art. 7 FPL) competition updated as a general rule, available positions are being updated the public contest. The publication in the Bulletin of the vacancies of the Confederation is deemed public.
The employer may waive the public contest update: a. for time-limited until a year positions; b. for positions to be filled by internal deployment; c. when important reasons justify; d. for vacancies in the professional reintegration of sick or injured employees or the integration of people with disabilities.

Exceptionally, the competition can be done another way.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 12 terms of engagement (art. 8, para. 3, FPL) the functions of the Secretary-General and his Deputy are reserved to Swiss citizens.

Art. 13 employment contract (art. 8 FPL) work reports are the result of a contract concluded in writing.
The contract specifies at least: a. the names of the parties; (b) the start date and the duration of the employment relationship; c. function or the field of activity; d. at work and the conditions of a trip; e. the test time; (f) the activity rate; (g) the salary grade and the salary h. retirement and pension plan; i. If there is , the obligation to ensure regular weekend work, night or a picket service.

The employer can impose changes of area of activity and place of work without cancellation of the contract, if these measures are essential to the performance of the tasks and reasonably charged. The termination is not necessary when the hierarchical status of the post is changed as part of a new organization.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 14 time trial (art. 8 FPL) if the contract contains no other provisions, the first three months are considered as test time. If necessary, test time can be scheduled for more than six months, or extended up to this time.
Test time is set at six months for clerks, other scientific employees and department heads.
For commitments fixed-term or in case of internal transfer, the employer may waive all or part of the testing time.

Art. 15 fixed-term employment relationships (art. 9, paras. 1 and 2, FPL)

Fixed-term employment relationship may not be concluded in order to evade the protection against dismissal provided for in art. 10 FPL or the obligation to make a public call for applications.
and...

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
Repealed by section I of O of the TF on 24 June 2013, with effect from July 1. 2013 (2013 2453 RO). See the dips. Trans. from this mod to the art. 89. art. 16 transfers to the Federal Government (art. 12 FPL) the employee who is committed to the service of an administrative unit of the Confederation must terminate its working relationship with the federal court.
The parties agree to the date of the transfer. In case of disagreement, the notice periods for the art. 12, al. 2 and 3, FPL is crucial.
When the previous work reports are replaced without interruption by a new commitment, the provisions of art. 336c CO are also applicable during the trial agreed time.
In the case of temporary commitment to the service of an administrative unit of the Confederation, it is not necessary to terminate the working relationship with the federal court. The parties agree to the terms of the temporary commitment.

RS 220 art. 17 modification of the contract of employment (art. 8, para. 1, and art. 13, FPL) any modification of the contract require the written form.
If the parties fail to agree on a modification of the contract, it must be terminated, subject to art. 13, al. 3, in accordance with the provisions of art. 10 FPL.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 17adelais of leave (art. 12, para. 2, FPL) during the trial period, the contract can be terminated: a. during the first three months with a notice period of seven days; b. from the fourth month by the end of the month following that of the termination.

After the trial period, the contract may be terminated at the end of a month. The minimum notice periods are the following: a. two months during the first year of service; (b) three months from the second to the ninth year of service; c. four months from the tenth year of service.

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

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 18 termination of the employment relationship due to a fault (art. 19, para. 1 and 2, FPL) the cessation of the employment relationship is deemed to be consecutive to a fault when: a. the contract is terminated by the employer 1. for breach of legal or contractual obligations important, 2. because of repeated or persistent shortcomings in benefits or behaviour, despite a warning written, or 3. for unwillingness to perform other reasonable labour;

(b) the employee refuses an equivalent and reasonably be required working with an employer within the meaning of art. 3 FPL.

The cessation of the employment relationship is also well known due to a fault when the contract is terminated by the employer a. due ability or lack of capacity to perform the work agreed in the contract, or unwillingness to perform this work; b. due to circumstances which, according to the rules of good faith, do not require the continuation of the employment relationship.

For important reasons, the employer may decide that termination, in the cases provided for in para. 2, is not consecutive to a fault.

Art. 18aresiliation of the working relationship in the event of inability to work due to illness or accident (art. 10, para. 3 and 12, al. 2, FPL) if unable to work due to illness or accident, the employer may, once the trial period, terminate the reports of work at the earliest two years after the beginning of the incapacity to work.
If there was already a reason for termination under art. 10, al. 3 and 4, FPL before the start of the inability to work due to illness or accident, the employer may terminate the employment relationship before the end of the period set in the al. 1 on this basis, provided that the reason for termination had been provided to the employee prior to the inability to work. Fact exception termination within the meaning of art. 10, al. 3, let. c, FPL, insofar as the ability or the capacity shortfall is due to the health of the employee.
If the employee refuses to cooperate in the implementation of rehabilitation measures according to art. 4, al. 3, or don't follow orders of the doctor in accordance with art. 67, al. 4, the employer may terminate the employment contract before the expiry of the period provided for in para. 1, in so far as a reason for termination under art. 10, al. 3 and 4, FPL is found.
If an employee has permanent partial incapacity to work, and recognized by the disability, the employer may terminate his contract for cause of insufficient capacity before the expiry of the period provided for in para. 1, provided him to propose another job that may reasonably be required of him. Termination may not intervene prior to the payment of the disability pension.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO). See the dips. Trans. from this mod to the art. 89. art. 19Nomination for a period of service (art. 14 FPL; art. 26 LTF) the renewal of the appointment of the Secretary general and his replacement takes place at the latest six months before the expiry of the term of office. The federal court decides freely renewal.
The Secretary general and his replacement may terminate work reports for a period of six months.
For good cause, the employment contract may be terminated with immediate effect.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 20Limite of age (art. 10, para. 3, FPL) on a case by case basis, after agreement with the person concerned, reports of work can be extended beyond the normal age of retirement up to the age of 70.

New content according to section I of the O of the TF of Jan. 17. 2011, in force since Jan. 1. 2011 (2011 639 RO).

Art. 21 career of clerks a directive regulates the terms of engagement and career of clerks.

Section 6 salary art. 22 classes of salary (art. 15 FPL) salary is fixed as part of salary classes established by art. 36 of the Ordinance of 3 July 2001 on the staff of the Confederation (assessment grade A).

SR 172.220.111.3 art. 23 starting salary (art. 15 FPL) starting salary is based on training and experience, given the situation of the employment market.
In case of change of function, the directives of the federal Department of Finance on the setting of wages shall apply by analogy.

Art. 24 wage in case of part-time work (art. 15 FPL) in the case of part-time work, the salary, the allowance and benefits correspond to the activity rate. The art. 36 and 36A are reserved.
When the activity is irregular, daily, medium or hourly wages may be agreed with the employee.

New content according to chapter I of O of the TF from 20 nov. 2008, in force since Jan. 1. 2009 (RO 2008 5957).

Art. 24aSalaire in case of work capacity reduced (art. 15 FPL) If an employee has a work capacity reduced due to health problems, the parties to the contract may agree, by an amendment to the contract: a. an occupancy rate higher than that fixed in the contract for the execution of the tasks. the salary and the allowance remain unchanged; b. a salary and compensation of residence, lower capacity of work, for an occupancy remaining unchanged.

The employer periodically examines the change in the contract. As soon as the employee again presents work capacity required for the performance of its tasks, the change should be canceled.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 25Evolution of wages (art. 15, FPL) the maximum of the salary class is the basis for calculation of the salary progression based on the performance and experience.
Up to the maximum of the salary class 26, the salary is increased each year as follows: a. 0,5% in case of sufficient benefits; b. 2.5% in case of good performance; c. 4% in the case of very good benefits.

Above the maximum of the salary grade 26, the salary is increased each year until the maximum of the salary class 29 as follows: a. 1.5% in case of good services; b. 3% in the case of very good benefits.

Above the maximum of the salary class 29, the salary is increased each year until the maximum of the salary class 31 as follows: a. 1% in case of good services; b. 2% in the case of very good benefits.

Above the maximum of the salary class 31, the salary is increased each year as follows: a. 0,5% in case of good performance; b. 1% in the case of very good benefits.

If the employer credits are not sufficient, the projected increases are reduced accordingly.


New content according to section I of the O of the TF on August 3, 2009, in effect since Sept. 1. 2009 (2009 3961 RO).
New content according to chapter I of O of the TF of 19 October. 2015, in effect since Dec. 1. 2015 (2015 4105 RO).
New content according to chapter I of O of the TF of 19 October. 2015, in effect since Dec. 1. 2015 (2015 4105 RO).
New content according to chapter I of O of the TF of 19 October. 2015, in effect since Dec. 1. 2015 (2015 4105 RO).
New content according to chapter I of O of the TF of 19 October. 2015, in effect since Dec. 1. 2015 (2015 4105 RO).

Art. 26 adaptation extraordinary wages in case of new tasks or reassessment of the function (art. 15 FPL) when the wage exceeds the class to which the function is assigned, it can be reduced to the maximum of this class after two years.
Instead of a reduction in wages and in agreement with the employee, the compensation of the price increase can be deleted until the wage exceeds more the maximum of the class justified by evaluating the function.
The salary can be increased when it is too low compared to other rewards. The maximum of the decisive class cannot be exceeded.

Art. 27 (art. 15 FPL) salary is paid in thirteen parts.

Art. 28indemnite of residence (art. 15 FPL) an allowance is paid, corresponding to that set by the federal Council for the respective places of work.

New content according to chapter I of O of the TF on August 21, 2008, in force since July 1. 2008 (RO 2008 4299).

Art. 29Compensation of inflation and increase in real wages (art. 16 FPL) the federal court granted compensation of higher prices and an increase in real wages corresponding to those which the federal Council decides for the staff of the federal administration.
The allowance and family allowances are adapted to the same extent as those of the General administration of the Confederation.

New content according to chapter I of the O of the TF of June 2, 2008, in force since June 2, 2008 (RO 2008 2921).
New content according to chapter I of O of the TF from 20 nov. 2008, in force since Jan. 1. 2009 (RO 2008 5957).

Art. 30 (art. 15 FPL) awards of compensation can be made for: a. the work required on Sunday night or; b. the call service.

The principles of the federal Department of finance are applied by analogy.

Introduced by chapter I of O of the TF of Nov. 20. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Art. 31 specific measures (art. 15 FPL) a benefit long term corresponding to grade C results in measures of skills development, assignment of a less demanding function, or other appropriate measures. The social cases are resolved in an appropriate manner.
In case of inadequate benefits, wages will be reduced in class pay 29 and in the upper classes. The decrease is one percent the first year and two percent in the second year.
When the steps taken bring no improvement, employment relationships are terminated.

New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).
Introduced by chapter I of O of the TF of Nov. 20. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Section 7 fees special art. 32 service allowance (art. 15 FPL) function compensation may be paid for tasks that include specific requirements but do not justify a sustainable reassessment.
Compensation of function equal at most to the difference between the maximum prescribed by the employment contract and the maximum of the class of the top function.
The calculation of the federal Department of finance bases are applied by analogy.

Art. 33Prime of performance in the form of premium benefits (art. 15 FPL) a performance as a single benefits premium premium, corresponding to 6% of the maximum of the salary class most, may be paid for special services.
Modest bonuses in kind may be granted to reward spontaneously from the specific benefits.
The premium can also be attributed to a group of employees.

New content according to section I of the O of the TF on August 3, 2009, in effect since Sept. 1. 2009 (2009 3961 RO).

Art. Performance as a recognition award (art. 15 FPL) 34Prime when wage has increased up to the maximum of the class, a performance in the form of premium recognition premium may be paid, if benefits match grade A +.
The recognition premium rises more than 5% of the maximum of the class.
The employee has no right to the premium of recognition. Each year, it is being a new decision.
Recognition bonuses can be attributed, at the most, to 18% of clerks and 18% of other employees.

New content according to section I of the O of the TF on August 3, 2009, in effect since Sept. 1. 2009 (2009 3961 RO).

Art. 35 allocation related to employment (art. 15 FPL) market in order to recruit or retain a person particularly qualified, an allowance corresponding to 20% of the maximum of the salary grade may be paid.

Art. 36Droit to the family allowance (art. 31, paras. 1 and 2, FPL) the family allowance is paid until the age of 18 years of age. For the child in training and the child in incapacity (art. 7 of the Federal ACT of 6 oct. 2000 on the general part of the law of social insurance), it is paid up to the age of 25 years of age.

New content according to chapter I of O of the TF from 20 nov. 2008, in force since Jan. 1. 2009 (RO 2008 5957).
RS 830.1 art. complementary 36aPrestations to the family allowance the federal court pays additional benefits to the family allowance of the same amount as those paid in the General administration of the Confederation.

Introduced by chapter I of O of the TF of Nov. 20. 2008, in force since Jan. 1. 2009 (RO 2008 5957).

Art. 36bAllocation for assistance to relatives half of the amount of the allocation for each child after the age of 16 years of age may be paid to the employee: a. that the spouse or registered partner is permanently prevented from exercising a gainful activity because of a serious illness; (b) which, by decision of the authority, provides assistance to close relatives.

Introduced by chapter I of O of the TF of Nov. 20. 2008, in force since Jan. 1. 2009 (RO 2008 5957).

Section 8 assessment of the functions of art. 37 Evaluation of functions (art. 15 FPL) each function is evaluated and assigned to a class of wage.
The assessment is based on required training and the magnitude of the tasks ahead, the requirements, responsibilities and risks.
The Chief of staff prepares the assessment. He applies by analogy the directives of the federal Department of finance and may request the opinion of the federal Office of personnel.

Section 9 time of work, vacation, leaves art. 38 working time (art. 17 FPL) for full-time employees, the average working time corresponds to 42 hours per week. For part-time employees, this time is reduced by the activity rate. Different provisions are reserved for executives.
As far as the needs of the employer allow, flexible schedules are planned for employees subject to the registration of working time. As a general rule, it is mobile work schedules.
Schedules including between 40 and 44 hours per week are offered to employees subject to the record of the working time, with compensation for the hours and more or less by supplement or holidays or salary reduction. Clerks can benefit from combinations with additional vacation with salary reduction.
Employees whose work schedule is based on trust, who are willing to provide hours of overtime not compensated by days off, can receive the same compensation as the staff of the General administration of the Confederation.

New content according to section I of the O of the Dec. 23 TF. 2008, in force since Jan. 1. 2009 (2009 353 RO).

Art. 39 hours hours and extra additional (art. 17 FPL) on proposals for executives and for a limited period, extra or additional hours are required in case of extraordinary workload or urgent work.
As a general rule, extra or additional hours are compensated by leave of the same duration.
If it is not possible to leave compensation, compensation days may be carried over to the next calendar year or in cases justified, replaced by a compensation money.
Compensation equal to: a. 100% of the salary converted to gain on time, for extra hours that exceed not a working time of 45 hours a week; b. 125% of salary converted to gain on time, for the overtime that exceed a working time of 45 hours per week.

Each year calendar, up to 150 hours of extra or additional can be replaced by an allowance.
Maximum 100 extra or additional hours may be carried over to the next calendar year.
For part-time employees, the al. 4 to 6 are applied in proportion to the rate of activity.

Art. 40 days of rest (art. 17 FPL) when a calendar year includes:

a. less than 63 Sundays and holidays, the missing days are replaced by leave; b. more than 63 Sundays and holidays, additional days are charged on the holiday.

Lausanne, are considered as days holidays new year, 2 January, good Friday, Easter, Ascension, Whit Monday Monday, August 1, the Monday of the federal young Christmas and December 26. Staff has also leave the afternoon of 24 and 31 December.
Lucerne, are considered holidays new year, January 2, Friday, Monday of Easter, Ascension, Pentecost Monday, Corpus Christi, on 1 August, the assumption, on 2 October, all saints, the immaculate conception, Christmas and December 26. Staff has also leave half a working day 'Schmutziger Donnerstag' and the 'Gudismontag' as well as the afternoon of the 24 and 31 December.
For employees of the federal Tribunal working at other places, the valid federal regulations-tions in these places are applicable.

New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).
Introduced by chapter I of O of the TF of Nov. 20. 2006, in force since Jan. 1. 2007 (RO 2006 5627).
Introduced by chapter I of O of the TF of Nov. 20. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Art. 41 holiday (art. 17 FPL) each calendar year, the employee is entitled to vacation of: a. 6 weeks until the year in which he reaches the age of 20, it understood; b. 5 weeks from the year in which he reaches 21 years; c. 6 weeks from the year in which he reaches age 50; d. 7 weeks from the year in which he reaches age 60.

The holiday must be taken so as to not compromise the performance of the tasks and to guarantee the rest.
In principle, the holiday must be taken during the relevant calendar year. If this is not possible, they must be taken over the next year.
The holidays are reduced in proportion to the duration of the absence if, in a calendar year, the employee is absent from his post more than: a. 90 days for illness, accident or compulsory service; first 90 days of absence are not taken into account in the calculation of the reduction; b. 30 days because of leave not paid.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 42 leave (art. 17 FPL) where an employee has or wishes to suspend its activity in particular circumstances, he must apply for paid, unpaid or partially paid leave.
During the examination of the application, the reason and the situation of the labour market are taken into account in an appropriate manner. We can also consider the delivery and behaviour.
For the rest, the directives of the federal Department of Finance shall apply by analogy.

Section 10 other benefits of employment art. 43 instruments of work, material (art. 18, para. 1, FPL) employees receive necessary work tools and equipment.
Compensation may be paid when they use, in agreement with the employer, their own work tools.

Art. 44 service dress (art. 18, para. 1 and art. 21, al. 1, let. c, FPL) judicial officers and employees of the service of building a wear of service. It is provided free of charge.

Art. 45 charges (art. 18, para. 2, FPL) employees are compensated for the extra expense as a result of their professional activity.
The federal Department of finance rates are applied by analogy to: a. meals, housing and transport costs (b) travel of foreign service; c. participation in international conferences; d. the move for the needs of the employer; e. representation costs.

Art. 46Prime of fidelity (art. 32, let. b, FPL) after completion of the tenth year of work, and then after every new fifth year of work, a loyalty bonus may be paid.
The fidelity premium amounts to: a. half the monthly salary after the tenth and fifteenth years; b. a monthly salary after the twentieth year and every fifth year thereafter.

The fidelity premium is basically a sum of money. In agreement with the superior hierarchical, it may exceptionally be taken in the form of paid leave.
The employer can refuse all or part of the loyalty bonus to an employee whose performance or behaviour are only partially satisfactory.
To determine the number of years completed, uninterrupted work reports to the service of administrative units of the Confederation are taken into account regardless of the activity rate. Learning under the Federal law of December 13, 2002 on vocational training is not taken into account.

New content according to section I of the O of the TF on August 3, 2009, in effect since Sept. 1. 2009 (2009 3961 RO).
New content according to chapter I of O of the TF of 19 October. 2015, in force since Jan. 1. 2016 (2015 4105 RO).
New content according to chapter I of O of the TF of 19 October. 2015, in force since Jan. 1. 2016 (2015 4105 RO).
RS 412.10 new content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO). See the dips. Trans. from this mod to the art. 89. art. 47 proposals for improvements (art. 32, let. c, FPL) by appropriate measures, frameworks encourage innovative behaviour and encourage improvements.
The selected proposals can be rewarded by a premium or other equivalent benefits.

Art. 48 facilities for personnel (art. 32, let. e, FPL) to improve working conditions or facilitate the Organization of each, the employer can support the creation and operation of public facilities such as: a. a kindergarten, in addition to the care provided by the family; b. a restaurant business, local relaxation and other equipment to maintain or develop the productivity.

The provisions of the institutions concerned are applicable to the savings capital invested on favorable terms with the savings from federal personnel.
The employer can support events designed to maintain the relationship between active and retired employees.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 49 costs and legal fees (art. 18, al. 2, FPL) the employer shall reimburse the costs and expenses of an employee who is involved in a lawsuit, civil or criminal as a result of the completion of its work, when: a. the procedure is related to the performance of the work; (b) the Act has been committed or by serious negligence or intentionally; etc. the Confederation interested in the conduct of the trial.

As long as the judgement is not final, guarantees are only granted. For important reasons, payments may exceptionally take place before the final judgment.

Art. 50 payment of compensation (art. 19 FPL) when the employer terminates the working relationship that the employee has not committed fault, compensation is paid, subject to para. 4: a. the employee who performs a highly specialized activity, for which demand is very low or non-existent; b. the employee whose reports of working with an employer as defined in art. 3 FPL have lasted 20 years without interruption; c. the old employee to 50 years at least.

If the appointment of the Secretary general or his substitute is not renewed, and that the person concerned has not committed fault, compensation is paid to him in accordance with art. 51, al. 1 other allowances according to art. 19, al. 4, FPL may be paid in the event of termination of employment, subject to para. 4: a. in the case of an Executive; b. to employees affected by a social plan.

No compensation is paid when: a. the working relationship continues an employer as defined in art. 3 FPL; b... .c. the termination of the employment relationship is the result of a fault (art. 18).

When the person concerned is engaged by an employer within the meaning of art. 3 FPL in the year following the cessation of work reports, compensation pursuant to paras. 1 and 2 must be returned partially or in full.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
Repealed by section I of O of the TF on 24 June 2013, with effect from July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 51 amount of compensation (art. 19, para. 5, FPL) the indemnity under art. 50, al. 1, 2 and 3 corresponds to at least one month's salary and more than a year's salary.


New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
Repealed by no I of O of the TF on 24 June 2013, with effect from July 1. 2013 (2013 2453 RO).


Art. 52 benefits in case of commitment in international organizations (SS. 17 and 18, para. 2, FPL) to encourage the cooperation of employees to international organizations, the employer may grant, including, the following services: a. the granting of leave, partially paid or without pay until a period of five years; b. management of extraordinary costs associated with commitment, insofar as they are not covered by the international organization.

Section 10aprevoyance professional art. 52A insurable salary (art. 32g, para. 5, FPL) are insured by PUBLICA, under the regulations, the wages and the wage components according to annex 2 of the order of 3 July 2001 on the staff of the Confederation.
If no inflation compensation is paid to an employee under art. 26, al. 2, or if an employee's salary is reduced under art. 67, al. 2 or 3, the previous insurable salary remains unchanged until the inflation compensation is again paid or extinguished the right to wages in case of illness or accident.

In the case of measures related to restructuring according to art. 77, the insurable salary is determined based on the social plan.

RS 172.220.111.3 repealed by no I of O of the TF of June 29, 2015, with effect from August 1, 2015 (RO 2015 2339).

Art. 52b ad insurable wage is announced publica as a salary key by the service of the staff of the federal court.

Art. 52c Participation in redemption (art. 32, let. a, FPL) the employer may participate in regulatory redemption financing by staff if appropriations during a new commitment, foresight seems inadequate in the light of the importance of service and qualifications of the person involved.

Art. 52d insurance coverage during the leave (arts. 17 and 31, al. 5, FPL) leave paid or partially paid, coverage remains unchanged for at least two months.
If the employer shall give an employee an unpaid or partially paid more than two months, he agreed with him, before the start of the leave, maintaining or not insurance and liability for contributions from the third month of leave, and, if any, of the terms of this maintenance.
When the employer does more support his contributions or hazard from the third month of leave pay, he announced the leave publica. The employee can maintain insurance coverage he had until then by paying, in addition to his own assessment of savings, the employer's contribution and the risk, or limit the insurance to cover the risk of death and disability premium.
Contributions by the employee on leave is deducted from his salary upon the resumption of the work.

Art. 52dMaintien of retirement after a pay cut when the insured of an employee salary is reduced by half or more after 58 years of age, the pension may at his request be maintained at the level of the last insurance coverage (art. 33 a of the Federal ACT of 25 June 1982 on the occupational old-age, survivors, and disability; (LPP); to this end the employee must pay not only its own savings contributions but also those of the employer and the risk premium on the part of the insured until then corresponding to the reduction of salary salary.
The general wage adjustments, including increases in real wages and the overall correction of classification have no impact on contributions made on the corresponding share in the reduction of salary.
If the reduction in the insured salary is in the interest of the employer, the latter can pick up half or more of savings and the risk premium contributions to the maintenance of the foresight, and to allocate the costs to the budget of the staff. This contribution may be temporary.

Introduced by chapter I of O of the TF 17 Jan. 2011, in force since Jan. 1. 2011 (2011 639 RO).
RS 831.40 art. 52dMaintien of the pension after the age of 65 when the employer and the employee agree to maintain the relationship of work beyond the age of 65, the retirement of the employee can be maintained, at his request, until the end of his lucrative, but at the latest until she reached the age of 70 years (art. 33 LPP b). In this case, the employer finances the savings of the employer contributions.

Introduced by chapter I of O of the TF 17 Jan. 2011, in force since Jan. 1. 2011 (2011 639 RO).
RS 831.40 art. 52nd professional disability (art. 32j, para. 2, FPL) the competent authority asks PUBLICA to pay a professional disability benefit to the employee: a. If he has reached the age of 50 years; (b) if the medical service finds, at the request of the employer, for health reasons the employee is unable to perform or cannot exercise that partially activity he had until then, or other activity that may reasonably be required of him; c. If a decision of the office HAVE competent excluding the entitled to an annuity or did not provide for a partial pension is entered in force; ETD. If rehabilitation measures within the meaning of art. 4, al. 2, have had no effect, without that fault of the employee.

The terms of the right to pensions of professional disability as well as their nature and their amount are set out in the regulations for employees and beneficiaries of pension from the Provident Fund of the Confederation (EPSC).

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 52F transitional pension (art. 32 k, para. 2, FPL) If a person perceives a full transitional pension or a transitional half pension according to the EPSC, the employer contributes to the actually perceived transitional pension funding costs. The amount of the employer's participation is set in Schedule 1 of the Ordinance of 3 July 2001 on the staff of the Confederation.
There is no right to the participation of the employer if the duration of the employment relationship preceding immediately the retirement age is less than five years.

RS 172.220.111.3 Section 11 other obligations of staff art. 53 home (art. 21, al. 1 let. a, and article 24, al. 2, let. a, FPL) employees should be able to get the Court to fast enough.
The head of the Department of building and his replacement are required to occupy the apartment of function assigned to them.

Art. 54 service apartment (art. 21, para. 1, let. b, FPL) the principles of the federal Department of finance regarding the use of apartments of function and compensation are applied by analogy.

Art. 55 ancillary activity (art. 23 FPL) authorisation must be obtained for public functions or other activities that the employee exercises outside its working relationship with the Court, when: a. the function or activity is rewarded; forgotten the source. It includes requirements to decrease the productivity of the employee in his working relationship with the federal court; OUC. due to its nature, it carries the risk of a conflict of interests harmful to the performance of the function.

A fifteen days paid leave may be granted for public services and secondary activities in the interest of the employer.
The part-time employee needs approval at the rate of the al. 1, let. b and c, above.
The employee informs the employer of the situations which may require an authorization.

Art. 56 retrocession (art. 21, para. 2, FPL) authorization to exercise an ancillary activity may be subject to the obligation to relinquish a portion of the corresponding income.
If the Confederation to a significant interest in the furtherance of an activity to third parties, the employee may be totally or partially released from the obligation to reconvey.

Art. 57 acceptance of benefits (art. 21, para. 3, FPL) modest usual presents, especially those received during official visits, are not of the gifts or other benefits according to art. 21, al. 3, FPL.
If the ability to accept a present is questionable, the employee cleared the case with his superior.

Art. 58 professional secrecy and function (art. 22 FPL) it is not allowed the employee to disclose professional or judicial affairs that must be kept secret because of their nature or under specific legal provisions.
The obligation of professional secrecy or function remains also after the end of the working relationship.
It is forbidden the employee to testify in court as a party, witness or expert on facts come to his knowledge in the performance of his work, in connection therewith, unless the employer has given written permission.
The art. 150 to 156 in relation to art. 162, al. 1, let. c, of the law of 13 December 2002 on the Parliament are reserved.

RS 171.10 new content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Art. 59 repealed by no I of O of the TF from 20 nov. 2006, with effect from Jan 1. 2007 (RO 2006 5627).

Section 12 breaches to the professional duties art. 60 administrative inquiry (art. 25 FPL)

The administrative inquiry tends to determine if a situation requiring a response from the employer, in the public interest, is performed.
The administrative inquiry is not directed at a specific person.
The administrative investigation is conducted by a body foreign to the area of activity concerned. It can be given to anyone outside the federal court.
The procedure is governed by the Federal Act of 20 December 1968 on administrative procedure, applied by analogy.

RS 172.021 art. 61 disciplinary investigation (art. 25 FPL) the disciplinary investigation opens with the designation of the person who is responsible. It can be given to anyone outside the federal court.
The disciplinary proceedings at first instance is governed by the Federal Act of 20 December 1968 on administrative procedure.
The disciplinary investigation ends in case of termination of the employment relationship.
When a breach of professional duties simultaneously means a disciplinary investigation and criminal proceedings, the decision on disciplinary measure is suspended until the outcome of this procedure. For important reasons, a decision on the disciplinary measure may exceptionally take place before the end of the criminal proceedings.

RS 172.021 art. 62 disciplinary measures (art. 25 FPL) a disciplinary measure may be imposed only after investigation.
The steps below can be taken against the employee who breached his professional duties imprisonment for debt: a. warning; b... .c. change of field of activity.

In addition, the following measures may be taken against the employee who breached his professional duties intentionally or by serious negligence: a. the pay cut of 10% a year to the maximum; b. the fine up to 5 of the gross monthly salary; c. the change of working time.

Repealed by section I of O of the TF on 24 June 2013, with effect from July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Art. 63 prescription (art. 25 FPL) the disciplinary responsibility of the employee turns off by prescription a year after the discovery of the breach of professional duties, but at the latest three years after the last violation.
Prescription is suspended as long that criminal proceedings is made at the rate of the same being or only an appeal remains while against a decision taken in the disciplinary procedure.

Art. 64 civil liability (art. 25 FPL) the responsibility of the employee to the damage caused to the Confederation or a third party, similarly that the procedure for the repair of this damage, are governed by the Federal law of 14 March 1958 on the responsibility.

RS 170.32 art. 65 criminal responsibility (art. 25 FPL) where a breach of professional duties appears to also be a punishable offence under criminal law federal or cantonal, parts and minutes of hearings must be forwarded to the public prosecutor of the Confederation.
When criminal proceedings should be opened against an employee, the procedure is governed by the Accountability Act Ordinance of December 30, 1958.

SR 170.321 art. 66 suspension (art. 26 FPL) has provisionally, the employee may be suspended its activity without delay, or assigned to another function, particularly when: a. serious facts, criminal or disciplinary nature, are seen or suspected; forgotten the source. repeated breaches are established; OUC. a current procedure is hampered.

The salary and other benefits can be simultaneously reduced or removed.

Art. 66aSuspension after termination of the employment relationship (art. 25 FPL) if work reports are cancelled by the competent authority, may decide the suspension of the employee if the confidence is no longer guaranteed.
The employee must report all income replacement seen with other employers or constituents. This income is deducted from his salary.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Section 13 measures for personnel art. 67 right to the wages in case of illness or accident (art. 29 FPL) event work due to illness or accident, the employer pays 100% of the salary according to the art. 15 and 16 FPL for 12 months.
Beyond this period, the employer, during the same period, 90% of the salary. The reduced salary should not be less than the benefits of accident insurance mandatory or PUBLICATION to which the employee would be entitled disability.
In exceptional cases, the continued pay according to para. 2 may be extended until the completion of the medical findings or up to the award of a pension, but at most for 12 additional months.
Benefits according to the al. 1 to 3 are subordinated to the production of a medical certificate and comply with the doctor's prescriptions. The employer may request an investigation of a medical officer or medical service.
If employees rework temporarily after the beginning of the incapacity to work, the deadlines established at the al. 1 to 3 are being extended by the number of days during which they do all the time of daily regulatory work and meet the requirements set out in the job description.
If the contract of employment of an employee is terminated pursuant to art. 18, art. 4, the obligation to pay the salary in accordance with paras. 1 and 2 remains as long as it is in the terminated contract. The salary under the new contract of employment as well as the financial benefits of disability insurance and PUBLICA are charged on the salary.
At the end of the deadlines set in the al. 1 to 3, the employee loses straight salary, that the contract of employment exists or not.
In the case of a fixed-term employment contract, payment of the wages according to the al. 1 and 2 stops at the latest at the end of the employment contract.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO). See the dips. Trans. from this mod to the art. 89. new content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).
Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 68 lower wages (art. 29 FPL) social allowances are paid in full during the continued pay according to art. 67, al. 2 and 3; they are then removed.
The reduction according to art. 67, al. 2, does not intervene when the activity should be suspended due to an accident or professional illness.
The salary is reduced or eliminated when a disease or an accident was caused intentionally or by gross negligence, or when the employee is exposed to exceptional risk or engaged in a reckless business.
If the employee refuses, without reason legitimate, to collaborate in the implementation of rehabilitation measures referred to in art. 4, the right to the salary can be reduced or, in serious cases, removed.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 69 deduction of social insurance benefits (art. 29, para. 3, FPL) in case of illness or accident, the benefits of military insurance, to the Swiss for insurance in case of accident (SUVA) National Fund or other compulsory accident insurance are deducted from the salary. The pensions and disability allowances are deducted insofar as these benefits, cumulative wage, including deducted benefits of military insurance, SUVA or other compulsory accident insurance, exceed the non-reduced salary.
The salary is reduced according to the principles of the concerned insurance when the employee stay in a medical institution at the expense of the military insurance, SUVA or other compulsory accident insurance.

Art. 70 military service, civil protection and civil service (art. 29, para. 1, FPL) event work for due to military service or civil protection is required, or for the duration of civilian service, the salary is paid without reduction. Legal benefits for loss of income are issued to the employer.
If the employee perceives the supplement of balance, it is deducted from the salary.
The employer may demand the return of the wage paid for the duration of the basic military training, insofar as this salary exceeds the benefits for loss of earnings, if the working relationship lasted less than four years.
In the case of voluntary service, wages may be paid for not more than ten working days per year.
Social allowances are paid without reduction.

Art. 71 sick pay in case of maternity (art. 29, para. 1, FPL) in case of absence due to maternity, full salary and social benefits are paid to the employee for four months.
On request, the work may be suspended at the earliest one month before the alleged birth.
By agreement with the employer, the employee can take half of the maternity leave in the form of a reduction of its rate of activity. If the father of the child is also used by the federal court, the parents can spread this reduction.


New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 71areduction of occupancy following a birth or adoption after the birth or adoption of a child, parents can claim a reduction of the occupancy rate of 20%, provided that no organizational changes are necessary. The occupancy rate can become less than 60%.
The application for reduction of occupancy must be made within the twelve months following the birth or adoption of the child.
Work at reduced rate begins no later than the first day following the expiry of the twelve-month period, according to para. 2 and is valid for an indefinite period.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. 72 continued pay adoption (art. 17, para. 4, FPL) if the employee is absent because it welcomes young children and is responsible for the maintenance and education for future adoption, his salary is paid to him for two months.
If both adoptive parents work in the Federal Government, the right to the payment of wages applies only to one of them. They can be freely divided two months of absence.
Cantonal regulations are reserved.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).

Art. 73 sick pay in case of death (art. 29, para. 2, FPL) if the employee dies, the survivors see 6 of the annual salary.
The allowance for assistance to the relatives pursuant to art. 36b is paid in the same proportion.

New content according to chapter I of O of the TF from 20 nov. 2008, in force since Jan. 1. 2009 (RO 2008 5957).

Art. 74 benefits professional accident (art. 29, para. 1, FPL) professional injury benefits are determined by analogy according to art. 63 of the Ordinance of 3 July 2001 on the staff of the Confederation.

SR 172.220.111.3 art. 75 compensation (art. 18, para. 2, FPL) compensation may be paid to the employee who is responsible to participate in a conference or another event abroad and who, without his fault, suffered property damage as a result of this participation.
The compensation is set by agreement with the federal Department of finance.

Art. 76 prescription (art. 34 FPL) claims arising from the employment relationship prescribed in accordance with the art. 127 and 128 CO.

RS 220 Section 14 restructurings and reorganizations art. 77 measures in the event of restructuring and reorganizations (articles 10, 19 and 31 FPL restructuring) and reorganizations are implemented in a way socially.
The following measures should take precedence over the termination of the employment relationship: a. assigning the employee to another position that may reasonably be required; b... .c. Retraining and vocational training continues; d. early retirement.

Employees who will more likely be able to be assigned to the administrative unit, must be informed of this fact at the latest six months before dismissal.
Employees support the efforts of the employer. They collaborate actively in measures and demonstrate initiative, especially in the search of a new position.
The administrative Commission is responsible for the development and the signing of a social plan with the social partners.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
Repealed by section I of O of the TF on 24 June 2013, with effect from July 1. 2013 (2013 2453 RO).
New content according to chapter I of the O of the TF of June 29, 2015, in effect since August 1, 2015 (RO 2015 2339).
New content according to chapter I of O of the TF of 24 May 2004, in force since July 1. 2004 (RO 2004 2995).

Art. 78 benefits in the event of retirement as part of a restructuring or reorganization (art. 31, para. 5, FPL) restructuring or reorganization, the employee can be retired early from 55 years of age at the earliest, provided that he has not refused another position that may reasonably be required of him : a. If his post is deleted; forgotten the source. If his field is changed to a significant extent; OUC. If the measure comes as part of an action of solidarity with younger employees, whose jobs are deleted.

If the employee is age from 55 to 62 years old at the time of his retirement, he touches the retirement pension to which he is entitled in the case of a pension after the age of 63, as well as a transitional pension funded completely by the employer.
If the employee is at least 63 years of age on that date, he touches, in addition to his pension regulatory, a transitional pension funded completely by the employer.
The federal Tribunal pay publica the portion not covered at the time of early retirement, benefits provided in paras. 2 and 2.
Broader benefits may be paid in case of hardship.

New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
New content according to chapter I of the O of the TF of June 29, 2015, in effect since August 1, 2015 (RO 2015 2339).
Introduced by chapter I of the O of the TF of June 29, 2015, in effect since August 1, 2015 (RO 2015 2339).
New content according to chapter I of the O of the TF of June 29, 2015, in effect since August 1, 2015 (RO 2015 2339).

Art. 78aPrestations termination by mutual agreement of the employment relationship (art. 19, para. 3 and 31, para. 5, FPL) the employer may also provide the old employee to 60 years of age the benefits provided for in art. 78: a. If working relationships are terminated by mutual agreement for reasons of exploitation or the personnel policy; ETB. If there is no reason for termination under art. 10, al. 3 or 4, FPL.

Introduced by chapter I of the O of the TF of June 29, 2015, in effect since August 1, 2015 (RO 2015 2339).

Section 15 Participation and social partnership art. 79Partenariat social (art. 33 FPL) dialogue and the cooperation of the social partners in cases concerning staff, in particular the restructuring, are guaranteed mainly by rapid and complete information, the invitation to take a position and, if necessary, through negotiations.
The social partners are informed in time and comprehensively on all important issues in terms of staff and for the less consulted in cases provided for in art. 33, al. 2, FPL.
The social partners of the federal court are recognized Confederation staff associations.
Insofar as the federal Tribunal resumes essentially a regulation of general administration of the Confederation, the information and consultations are limited to the staff of the Federal delegation.

New content according to chapter I of O of the TF of 24 May 2004, in force since July 1. 2004 (RO 2004 2995).

Art. 80 delegation of personnel (art. 33, para. 4, FPL) to ensure collaboration, the staff elects a delegation.
The role of the delegation is in principle Advisory. It is for the competent administrative body. Ruling on: a. Affairs staff in general or certain categories of employees; b. the simplifications or improvements in the working methods, as well as real estate development; c. health and training issues.

Art. 80aCommission of reconciliation according to the equality act the conciliation Commission provided for in the Federal Act of 24 March 1995 on equality between women and men is composed of four members. It includes as many women as men.
The employer is represented by two scientific collaborators of the Secretariat general of different sex. The Delegation of staff designates two members, of whom one at least in his breast and at least a clerk. The head of the staff Chair.
The procedure is governed by the provisions of the Ordinance of December 10, 2004, regarding the conciliation commission according to the Act on equality, by analogy.

Introduced by chapter I of O of the TF of Nov. 20. 2006, in force since Jan. 1. 2007 (RO 2006 5627).
RS RS 172.327.1 Section 15aProtection of data article 151.1 80b Protection of personal data (art. 27, 27A, 27B, 27 c FPL)

The provisions of the order of October 26, 2011 on the protection of personal data of the staff of the Confederation are applicable by analogy to the treatment of the personal data of applicants, employees and former employees of the federal court, subject to the exceptions in this section.

SR 172.220.111.4 art. 80 c preservation, archiving and destruction the personnel files are kept by the competent Department for ten years from the end of the working relationship. They are then archived to the federal court to the extent where they are archival interest under art. 4, al. 1, of the order of the federal court of 27 September 1999 on the application of the Federal Act on archiving. The other elements are destroyed.
During the duration of the employment relationship, the periodic assessments of benefits, decisions taken under them and the results the personality tests and assessments of the potential are kept for ten years. They are then destroyed. They can be kept exceptionally longer if disputes reports of work-related warrant.

RS 152.21 art. 80 d use of electronic infrastructure (art. 25b, para. 2, LTF) the provisions of the Ordinance of 22 February 2012 on the treatment of the personal data related to the use of the electronic infrastructure of the Confederation are applicable by analogy to the use of the electronic infrastructure.

Act of 17 June 2005 on the TF (RS 173.110) RS 172.010.442 art. 80th the data protection (art. 11A LPD) and art. 23 OLPD the protection of data of the Federal worker is: a. advise the protection data to the senses of the art. 11, art. 5, let. e, the Federal law of June 19, 1992, on the protection of data (LPD) and art. 12A and 12B of the Ordinance on 14 June 1993 to the Federal law on the protection of data (OLPD); b. advise protection of data within the meaning of art. 23 OLPD.

It has the independence necessary to the exercise of its functions.
Employees of the federal court may at any time ask the attendant to the protection of the data of the federal court.

RS 235.1 SR 235.11 Section 16...

Art. 81 repealed by no I of O of the TF on 24 June 2013, with effect from July 1. 2013 (2013 2453 RO).

Section 17 powers art. 82Cour plenary the plenary Court is responsible for the creation, modification and cessation of work of the Secretary-General and his Deputy reports.

New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Art. 83 repealed by no I of O of the TF from 20 nov. 2006, with effect from Jan 1. 2007 (RO 2006 5627).

Art. 84 administrative commission the administrative Commission is competent for cases concerning the clerks and the scientific collaborators directly subordinated to the general Secretary. Jurisdiction includes on: a. commitment (article 13); b. modification and cessation of work (arts. 17, 18) reports; c. increases in salary and allowances for service, bonuses benefits, award-winning recognition and allowances related to the labour market (art. 25, 26, 32, 33, 34, 35); (d) the evaluation of functions (art. 37); e. Requests for leave (art. 42); f. the refusal of the fidelity (art. 46) premium; g. allowances (arts. 50, 51, 52); h. approval of ancillary activities (art. 55); i. the lifting of professional secrecy or function (art. 58); j. administrative or disciplinary investigations, and disciplinary measures (art. 60, 61, 62); k. transmission parts to the public prosecutor of the Confederation (art. 65).

The administrative Commission may delegate some powers to the Secretary-General.

New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Art. 85 Secretary general the Secretary general is responsible for affairs relating to other employees.

Art. 86 right of proposal for cases concerning staff, the right of proposal belongs: a. to the administrative Commission for the appointment of the Secretary general and his replacement; b... .c. to each court for the commitment and the allocation of its clerks; d. to the presidents of courses for their employees; e... .f. to department heads, for their employees.



Repealed by section I of O of the TF of Nov. 20. 2006, with effect from Jan 1. 2007 (RO 2006 5627).
New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).
Repealed by section I of O of the TF of Nov. 20. 2006, with effect from Jan 1. 2007 (RO 2006 5627).
Repealed by no I of O of the TF of Nov. 20. 2006, with effect from Jan 1. 2007 (RO 2006 5627).

Art. 87 performance requirements. the administrative Commission shall issue guidelines on the terms of engagement, the starting salary and career of clerks (arts. 21 and 23).
The administrative Commission and the Secretary-General to adopt, in their respective fields, circulars and guidelines in addition to this order, including: a. training of clerks (art. 2, para. 6); b. premiums benefits and recognition (arts. 33 and 34); (c) mobile and flexible working hours (art. 38); d. the postponement of holidays in the following year (art. 41 al. (3); e. leave (art. 42); f. service dress (art. 44); g. the ancillary activities (art. 55); h. retrocession of revenues from ancillary activities (art. 56); i. allowances about events abroad (art. 75); j. the delegation of personnel (art. 80).

New content according to chapter I of O of the TF from 20 nov. 2006, in force since Jan. 1. 2007 (RO 2006 5627).

Section 18 provisions final art. 88 amendment of the law in force.

Mod. can be found at the RO 2001 3258.

Art. Previous introductory and transitional provisions the service reports 89 are converted into reports of work submitted to the new law from 1 January 2002, in accordance with the Ordinance of 3 July 2001 on the conversion of the service reports based on the regulations of officials in reports of work based on the personnel Act of Confederation, applied by analogy.
The term of office of the Secretary-General and the clerks appointed officials is reserved. These individuals remain subject, until the end of 2002, to the previous provisions on the termination of the service reports. The conversion of their status, within the meaning of art. 2, al. 2 and 3 of the above-mentioned order, will take place on January 1, 2003.
Changes in function and changes in the wage on January 1, 2002 are governed by the new law.
In case the employee exchange of salary grade only because of the transition from the old to the new salary system, the maintenance of the current wage, increased the compensation of the price increase, is guaranteed.

[RO 2001 1846. 2007 4477 ch. 7 I RO] art. Transitional 89aDispositions of the amendment of 24 June 2013 clerks work contracts concluded according to art. 15, al. 2, for a period of five years are kept for a maximum period of one year from the entry into force of the amendment of 24 June 2013. Clerks who don't get indefinite contract may request that the contract of employment for a period of five years is carried to completion.
The calculation of the premium of fidelity according to art. 46, al. 5, according to the old law, on the basis of the years of work recognized before the entry into force of the amendment of 24 June 2013.
If, after the entry into force of the amendment of 24 June 2013, the employee leaves an administrative unit referred to in art. 2 FPL and is rehired by the number of years of work carried out previously is no longer taken into account for the calculation of the fidelity premium.
If the employee is unable to work due to illness or accident prior to the entry into force of the amendment of 24 June 2013, the duration of the incapacity to work is deducted from the two-year period provided for in art. 18. If the employee reached after the entry into force of the amendment of 24 June 2013, the period of three months during which he took the job at the rate of at least 50%, according to art. 67, al. 5, the old law, the inability to work is not interrupted.

Introduced by section I of O of the TF on 24 June 2013, in effect since July 1. 2013 (2013 2453 RO).

Art. Transitional 89bDisposition relating to the amendment of June 29, 2015 for the employer contribution to the financing of the transitional pension of employees who have reached the age of 59 years of age before the entry into force of the amendment of June 29, 2015 and who will take early retirement no later than July 31, 2017 is governed by the old law.

Introduced by chapter I of the O of the TF of June 29, 2015, in effect since August 1, 2015 (RO 2015 2339).

Art. 90 entry into force this order comes into force on January 1, 2002.

RO 2001 3258 RS 172.220.1 introduced by chapter I of O of the TF on August 21, 2008, in force since July 1. 2008 (RO 2008 4299).
New content according to chapter I of O of the TF on 24 June 2013, in force since July 1. 2013 (2013 2453 RO).
Introduced by chapter I of the O of the TF of August 17, 2012, in force since August 17, 2012 (RO 2012 5413).

Status January 1, 2016