(art. 2 LPers)

¹ This order governs staff work reports ¹ The Federal Court. It is supplemented by circulars and directives. ²

² The Order of 3 July 2001 on the Personnel of the Confederation ³ Is applicable to the extent that this order refers to it.

³ This order is not applicable:

A.

Staff subject to the Code of Obligations (CO) ⁴ (art. 6, para. 5 and 6 LPers);

B.

Apprentices subject to the Federal Act of 19 April 1978 on vocational training ⁵ .

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

¹ The policy of staff and management tends to develop and reinforce the skills of all employees and to guarantee their professional mobility. It must provide them with the capacity to participate in the preparation and implementation of the necessary innovations.

² The employee is required to acquire the training commensurate with his/her abilities and task requirements, and to adapt to the innovations.

³ The employer shall bear the costs of training acquired in the interest of the employer and shall take charge of the time required.

⁴ The employer may require the employee to bear all or part of the costs of training acquired in his or her own interest, and to take over all or part of the necessary time.

⁵ The employee may be required to reimburse the costs of employer-supported training:

A.

When he interrupted the training; or

B.

When the work reports are terminated by him less than two years after the completion of the training and are not followed by a commitment to the service of Confederation. ¹

⁶ The General Secretariat offers courses or training courses. A specific programme of in-service training is offered to the clerks, who have developed an agreement with the clerks.

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

¹ Employees should be neither advantaged nor discriminated against because of their gender or lifestyle.

² Managers ensure the dignity of women and men in the workplace; they take the necessary measures against any form of sexual harassment or personality infringement.

³ The Personnel Department provides appropriate information to employees on the Federal Act of March 24, 1995 on Equality between Women and Men ¹ The persons concerned are addressed to him in the event of a problem in this field.

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

¹ For medical examinations and measures in the field of occupational medicine, the Federal Court uses the medical services provided by the Federal Department of Finance (DFF). ²

² If an employee is prevented from working because of illness or accident, all relevant and reasonable means of reintegration into the world of work (rehabilitation measures) are implemented. Specialized services may be used to conduct examinations. ³

³ The employee may be required to cooperate in the implementation of rehabilitation measures. ⁴

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

¹ To the extent that the needs of the employer permit, working conditions are developed in such a way that employees can assume their family responsibilities and social commitments.

² The Federal Court offers part-time work.

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

¹ Managers and employees inform each other, on time and in a manner that is adapted to the needs of their respective tasks.

² The General Secretariat shall inform staff in a comprehensive and timely manner on matters of general concern.

(art. 4, para. 3, LPers)

¹ The evaluation interview contributes to the development of the employee's skills and enables him to communicate recognition and criticism, and to take stock of his/her professional situation. On this occasion, the managers inform themselves of the employees' appreciation of their management.

² The employee's assessment, in relation to the agreed objectives of his or her benefits and behaviour, determines the progress of his/her salary.

(art. 4, para. 3, LPers)

¹ Each year, the executives conduct an interview with each of their employees, and carry out their evaluation.

² The employee is informed of the essential principles of the maintenance, his assessment and the progress of his salary.

³ The General Secretariat shall ensure the development of appropriate methods.

(art. 4, para. 3, LPers)

Staff benefits are assessed at the following four levels:

A +: very good: clearly exceed requirements;

A: good: fully meet the requirements;

B: ² Sufficient: satisfy to a large extent the requirements;

C: insufficient: do not meet the requirements.

(art. 5 LPers)

The Personnel Department reports periodically to the employer and the Federal Assembly for the purpose of assessing the achievement of the objectives of the Federal Act on the Personnel of Confederation. Transmission.

(art. 7 LPers)

¹ As a general rule, available positions are subject to public competition. The publication in the Bulletin des vacancies de la Confédération is deemed to be public.

² The employer may waive the public contest:

A.

For positions of limited duration up to one year;

B.

For positions to be filled by internal transfer;

C.

Where there are substantial grounds for it;

D. ¹

For positions to be filled in the professional reintegration of sick or injured workers or the integration of persons with disabilities.

³ Exceptionally, the application may be made in a different manner.

(art. 8, para. 3, LPers)

The functions of the Secretary-General and his replacement are reserved for Swiss citizens.

(art. 8 LPers)

¹ The work reports are the result of a written contract.

² The contract specifies at least:

A.

The names of the parties;

B.

The start date and duration of the work reports;

C.

The function or area of activity;

D.

The place of work and the conditions of travel;

E.

Trial time;

F.

The rate of activity;

G. ¹

Salary class and salary;

H.

Occupational foresight and foresight plan;

I.

Where applicable, the obligation to provide regular weekend, night or picketing work.

³ The employer may impose changes in the field of activity and work place without termination of the contract, if such measures are indispensable for the performance of the tasks and reasonably payable. Termination is also not required when the hierarchical position of the position is changed as part of a new organization.

(art. 8 LPers)

¹ If the contract does not contain any other provisions, the first three months shall be considered as test time. If necessary, the test time may be scheduled for up to six months or extended to that duration.

² The trial time is set at six months for transplant recipients, other scientific collaborators and heads of service.

³ For fixed-term or internal deployment commitments, the employer may waive all or part of the test time.

(art. 9, para. 1 and 2, LPers)

¹ Fixed term employment reports should not be concluded with the aim of avoiding the protection against dismissal under Art. 10 LPers or the requirement to conduct a public competition. ¹

² And ³ ... ²

(art. 12 LPers)

¹ An employee who engages in the service of an administrative unit of the Confederation must terminate his or her working relationship with the Federal Court.

² The parties agree on the date of the transfer. In case of disagreement, the time limits for termination of s. 12, para. 2 and 3, LPers are decisive.

³ Where previous work reports are replaced without interruption by a new undertaking, the provisions of s. 336 C CO ¹ Are also applicable during the agreed test time.

⁴ In the event of a 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 on the terms of the temporary undertaking.

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

¹ Any modification of the contract requires the written form.

² If the parties fail to agree on an amendment to the contract, the contract must be terminated, subject to s. 13, para. 3, in accordance with the provisions of s. 10 LPers. ¹

(art. 12, para. 2, LPers)

¹ During the trial period, the contract may be terminated:

A.

For the first three months with a seven-day period of leave;

B.

From the fourth month for the end of the month following the month of termination.

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

A.

Two months during the first year of service;

B.

Three months from the second to the ninth year of service;

C.

Four months from the tenth year of service.

³ In special cases, the employer may grant the employee a shorter period of leave if there is no major interest.

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

¹ The termination of employment reports shall be deemed to be due to a mistake when:

A.

The contract is terminated by the employer

1.

For breach of significant legal or contractual obligations,

2.

Because of repeated or persistent breaches of benefits or behaviour, despite a written warning, or

3.

For unwillingness to perform any other work reasonably required;

B.

The employee refuses equivalent and reasonably payable work with an employer within the meaning of s. 3 LPers.

² The termination of employment reports shall also be deemed to be due to a fault where the contract is terminated by the employer

A.

Due to an inability or insufficient capacity to perform the work agreed upon in the contract, or a lack of willingness to carry out the work;

B.

Due to circumstances which, according to the rules of good faith, do not permit the continuation of work reports.

³ For important reasons, the employer may decide that the termination, in the cases provided for in para. 2, is not due to a fault.

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

¹ In the event of incapacity to work due to illness or accident, the employer may, once the trial period has elapsed, terminate the working relationship at the earliest two years after the start of the incapacity to work.

² If there was already a reason for termination under s. 10, para. 3 and 4, LPers prior to the commencement of incapacity to work due to illness or accident, the employer may terminate the work reports before the end of the period specified in para. 1 on the basis of this ground, provided that the reason for termination was communicated to the employee prior to the commencement of the inability to work. An exception is termination within the meaning of s. 10, para. 3, let. C, LPers, provided that insufficient fitness or capacity is due to the employee's health.

³ If the employee refuses to cooperate in the implementation of rehabilitation measures under s. 4, para. 3, or does not follow the doctor's orders in accordance with s. 67, para. 4, the employer may terminate the employment contract before the expiry of the period specified in para. 1, as long as a ground for termination under s. 10, para. 3 and 4, LPers was found.

⁴ If an employee has a partial disability of permanent employment and is recognized by disability insurance, the employer may terminate his employment contract due to insufficient capacity before the expiry of the period prescribed in para. 1, provided that he proposes another work that may reasonably be required of him. The termination may not occur before the payment of the disability pension begins.

(art. 14 LPers; s. 26 LTF)

¹ The renewal of the appointment of the Secretary-General and his replacement shall take place no later than six months before the expiration of the term of office. The Federal Court decides freely on renewal.

² The Secretary-General and his replacement may terminate the working relationship with a period of six months' leave.

³ For fair reasons, the contract of employment may be terminated with immediate effect.

(art. 10, para. 3, LPers)

On a case-by-case basis, after agreement with the person concerned, the working reports may be extended beyond the ordinary retirement age up to the age of 70.

A directive governs the conditions of appointment and the career of the clerks.

(art. 15 LPers)

The salary is fixed in the salary classes provided for in s. 36 of the Order of 3 July 2001 on the personnel of the Confederation ¹ (rating scale A).

(art. 15 LPers)

¹ The initial salary is based on training and experience, taking into account the labour market situation.

² In the case of a change of function, the directives of the Federal Department of Finance concerning the setting of salaries shall apply mutatis mutandis.

(art. 15 LPers)

¹ In the case of part-time work, the salary, the residence allowance and the allowances correspond to the activity rate. Art. 36 and 36 A Are reserved. ¹

² Where the activity is irregular, a daily, average or hourly wage may be agreed with the employee.

(art. 15 LPers)

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

A.

A higher occupancy rate than that laid down in the contract for the performance of the tasks; the salary and the residence allowance shall remain unchanged;

B.

A lower salary and residence allowance, corresponding to the working capacity, for an occupancy rate that remains unchanged.

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

(art. 15, LPers)

¹ The maximum salary class is the basis for calculating the salary progression on the basis of benefit and experience.

² Up to the maximum of 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 benefits;

C.

4 % in case of very good benefits. ²

³ Above the maximum wage class 26, the salary is increased each year to the maximum of salary class 29 as follows:

A.

1.5 % in case of good benefits;

B.

3 % in case of very good benefits. ³

⁴ Above the maximum wage class 29, the salary is increased each year to the maximum of salary class 31 as follows:

A.

1 % in case of good benefits;

B.

2 % in case of very good benefits. ⁴

⁵ Above the maximum wage class 31, the salary is increased each year as follows:

A.

0.5 % in case of good benefits;

B.

1 % in case of very good benefits. ⁵

⁶ If the credits given to the employer are not sufficient, the projected increases are reduced accordingly.

(art. 15 LPers)

¹ Where the salary exceeds the class to which the function is assigned, it may be reduced to the maximum of this class after two years.

² Instead of a wage reduction and in agreement with the employee, the compensation for the increase may be removed until the salary exceeds the maximum of the class justified by the evaluation of the function.

³ The salary can be increased when it is too low compared to other payments. The maximum of the determining class cannot be exceeded.

(art. 15 LPers)

The salary is paid in thirteen units.

(art. 15 LPers)

A residence allowance shall be paid, corresponding to that fixed by the Federal Council for the respective places of work.

(art. 16 LPers)

¹ The Federal Court grants compensation for the increase and an increase in the actual salary corresponding to those which the Federal Council decides for the staff of the Federal Government.

² The residence allowance and family allowances are adapted to the same extent as those of the general administration of the Confederation. ²

(art. 15 LPers)

¹ Compensation may be paid for:

A.

The required work on Sunday or night;

B.

Picket service.

² The principles of the Federal Department of Finance are applied by analogy. ¹

(art. 15 LPers)

¹ A sustainable provision at the C level results in skill development measures, the assignment of a less demanding function or other appropriate measures. Social cases are appropriately resolved.

² In case of insufficient benefits, the salary will be reduced to salary class 29 and in the upper classes. The decrease is one percent in the first year and two percent in the second year. ¹

³ Where the measures taken do not improve, the working reports shall be terminated. ²

(art. 15 LPers)

¹ A function allowance may be paid for tasks that have specific requirements but do not justify a sustainable reassessment.

² The function allowance is the most equal to the difference between the maximum of the contract of employment and the maximum of the upper class.

³ The bases of calculation of the Federal Department of Finance are applied by analogy.

(art. 15 LPers)

¹ A performance award in the form of a single benefit premium, corresponding to not more than 6 % of the maximum of the salary class, may be paid for special benefits.

² Modest bonuses in kind can be awarded to reward individual benefits.

³ The premium can also be assigned to a group of employees.

(art. 15 LPers)

¹ Where the salary has progressed to the maximum of the class, a performance award in the form of a recognition bonus may be paid, if the benefits correspond to the A + level.

² The recognition premium is more than 5 % of the maximum of the class.

³ The employee has no entitlement to the recognition premium. Each year it is the subject of a new decision.

⁴ Recognition premiums may be awarded, at most, to 18 % of the clerks and 18 % of the other employees.

(art. 15 LPers)

In order to recruit or retain a particularly qualified person, an allowance equal to 20 % of the maximum of the salary class may be paid.

(art. 31, para. 1 and 2, LPers)

The family allowance is paid up to the age of 18. For the child in training and the child in incapacity (art. 7 of the 6 Oct LF. 2000 on the general part of social insurance law ² ), it is paid to the maximum until the age of 25.

The Federal Court provides supplementary benefits to the family allowance of the same amount as in the general administration of the Confederation.

Half of the amount of the allowance provided for each following child up to the age of 16 years may be paid to the employee:

A.

Whose spouse or registered partner is permanently prevented from engaging in a gainful occupation due to a serious illness;

B.

Which, by decision of the authority, provides assistance to close relatives.

(art. 15 LPers)

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

² The assessment is based on the required training and the extent of the tasks to be performed, the requirements to be met, the responsibilities and the risks.

³ The Head of Personnel prepares the evaluation. It shall apply mutatis mutandis the directives of the Federal Department of Finance and may request the opinion of the Federal Office of Personnel.

(art. 17 LPers)

¹ For full-time employees, the average working time is 42 hours per week. For part-time employees, this time is reduced by the rate of activity. Different provisions remain reserved for executives.

² As long as the needs of the employer permit, flexible working hours are provided for employees who are subject to the registration of working time. As a general rule, these are mobile working hours.

³ Schedules of between 40 and 44 hours per week are offered to employees who are subject to the registration of working time, with compensation for hours more or less by supplement or reduction of holidays or wages. Registrars can benefit from combinations with extra vacation days with reduced pay.

⁴ Employees whose work schedule is based on trust, who are prepared to provide additional hours of work not compensated by days of leave, may receive the same allowance as the general administration of Confederation. ¹

(art. 17 LPers)

¹ On proposals for executives and for a limited period of time, extra or additional hours are required in case of extraordinary work or urgent work.

² Overtime or extra hours are generally compensated for by a leave of the same duration.

³ If leave compensation is not possible, compensation days may be carried forward to the next calendar year or, in justified cases, replaced with a cash allowance.

⁴ The allowance is as follows:

A.

100 % of salary converted to earnings per hour for off-duty hours that do not exceed 45 hours per week;

B.

125 % of salary converted to earnings per hour for overtime that exceeds 45 hours per week.

⁵ Each calendar year, a maximum of 150 extra hours or more may be replaced by an allowance.

⁶ A maximum of 100 extra hours or more can be carried forward to the next calendar year.

⁷ For part-time employees, paras. 4 to 6 are applied as a proportion of the activity rate.

(art. 17 LPers)

¹ Where a calendar year includes:

A.

Less than 63 Sundays and holidays, the missing days are replaced by a leave;

B.

More than 63 Sundays and holidays, the extra days are charged on holiday.

² In Lausanne, are considered as holidays New year, on January 2, the Vendredi-Saint, the Monday of Easter, the Ascension, on the Monday of Pentecost, the 1 ^Er August, Monday of the Federal Jeûne, Christmas and December 26. The staff also took leave on the afternoon of 24 and 31 December. ¹

³ In Lucerne, are considered public holidays New year, on January 2, the Vendredi-Saint, the Monday of Easter, the Ascension, the Monday of Pentecost, the Fête-Dieu, the 1 ^Er August, l' Assomption, le 2 octobre, la Toussaint, l' Immaculée conception, Noël et le 26 décembre. The staff also took a half-day holiday on the "Schmutziger Donnerstag" and the "Güdismontag" as well as the afternoon of 24 and 31 December. ²

⁴ For Federal Tribunal employees working in other locations, federal prescribers in these locations are applicable. ³

(art. 17 LPers)

¹ Each calendar year, the employee is entitled to vacation from:

A.

6 weeks until the year in which he reaches the age of 20 years, including the age of 20 years;

B.

5 weeks from the year in which he reaches 21 years of age;

C.

6 weeks from the year in which he reaches 50 years;

D.

7 weeks from the year in which he reaches 60 years.

² Vacation must be taken in such a way as not to jeopardize the performance of the tasks and to guarantee rest.

³ In principle, the holidays must be taken during the corresponding calendar year. If this is not possible, they must be taken in the following year.

⁴ Vacation is reduced in proportion to the length of absence if, in a calendar year, the employee is absent from the position longer than:

A.

90 days due to illness, accident or compulsory service; the first 90 days of absence are not taken into account in the calculation of the reduction;

B.

30 days due to leave without pay. ¹

(art. 17 LPers)

¹ When an employee has or wishes to suspend his or her activity in special circumstances, he or she must request leave with pay, partially paid or unpaid.

² On examination of the application, the reason given and the situation of the labour market are taken into account in an appropriate manner. Delivery and behaviour can also be taken into account.

³ In the case of surplus, the directives of the Federal Department of Finance shall apply mutatis mutandis.

(art. 18, para. 1, LPers)

¹ Employees are provided with the necessary work tools and equipment.

² Compensation may be paid when they employ, in agreement with the employer, their own work instruments.

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

The ushers and employees of the building service wear a service. It is provided free of charge.

(art. 18, para. 2, LPers)

¹ Employees are compensated for the excess of expenses resulting from their professional activity.

² Federal Department of Finance rates shall be applied by analogy for:

A.

Meals, accommodation and transportation costs;

B.

Foreign service travel;

C.

Participation in international conferences;

D.

Relocation for the employer's needs;

E.

Hospitality expenses.

(art. 32, let. B, LPers)

¹ After completion of the tenth year of work and after each new fifth year of work, a fidelity premium may be paid. ²

² The fidelity premium is to:

A.

Half of the monthly salary after the tenth and fifteenth years;

B.

A monthly salary after the twentieth year and after each fifth year thereafter. ³

³ The fidelity premium is in principle a sum of money. In agreement with the hierarchical superior, it may exceptionally be taken in the form of leave with pay.

⁴ The employer may refuse all or part of the loyalty bonus to an employee whose performance or behaviour is only partially satisfactory.

⁵ For the recognition of the number of years completed, the uninterrupted working relationship with the service of the administrative units of the Confederation shall be taken into account independently of the participation rate. Learning in accordance with the Federal Act of 13 December 2002 on vocational training ⁴ Is not considered. ⁵

(art. 32, let. C, LPers)

¹ Through appropriate measures, frameworks foster innovative behaviour and encourage proposals for improvements.

² Successful proposals may be rewarded with a bonus or other equivalent benefits.

(art. 32, let. E, LPers) ¹

¹ To improve working conditions or facilitate the organisation of each, the employer can support the creation and operation of collective facilities such as:

A.

A child care centre, in addition to family care;

B.

An enterprise restaurant, relaxation facilities and other equipment to maintain or develop productivity.

² The provisions of the institutions concerned are applicable to savings capital placed on concessionary terms with the Federal Staff Savings Bank. ²

³ The employer can support events designed to maintain relations between active and retired employees.

(art. 18, para. 2, LPers)

¹ The employer shall reimburse the costs and expenses of an employee who is involved in a civil or criminal trial as a result of the performance of his or her work, where:

A.

The procedure relates to the performance of the work;

B.

The act was not committed by gross negligence or intentionally; and

C.

The Confederation is interested in the conduct of the trial.

² As long as the judgment is not final, guarantees are granted only. For important reasons, refunds may exceptionally occur before the final judgment.

(art. 19 LPers)

¹ Where the Employer terminates employment reports without the employee's fault, compensation shall be paid, subject to para. 4:

A.

An employee who performs a highly specialized activity, for which the application is non-existent or very low;

B.

To an employee whose employment relationship with an employer under s. 3 LPers lasted 20 years without interruption;

C.

At least 50 years of age.

² If the appointment of the Secretary-General or his replacement is not renewed and the person concerned has not committed a fault, compensation shall be paid to him in accordance with art. 51, para. 1.

³ Other benefits under s. 19, para. 4, LPers may be paid in the event of termination of employment reports, subject to para. 4: ¹

A.

In the particular case of a senior executive;

B.

Employees covered by a social plan.

⁴ No compensation shall be paid when: ²

A.

Work reports continue with an employer under s. 3 LPers;

B. ³

...

C.

The termination of employment reports is due to a fault (art. 18).

⁵ Where the person concerned is engaged by an employer within the meaning of s. 3 LPers within one year of termination of employment reports, compensation received pursuant to paras. 1 and 2 must be partially or fully restored. ⁴

(art. 19, para. 5, LPers) ¹

¹ Compensation under s. 50, para. 1, 2 and 3 is at least one month's salary and at most one year's salary. ²

² ... ³

(art. 17 and 18, para. 2, LPers)

In order to facilitate the cooperation of employees with international organisations, the employer may grant, inter alia, the following benefits:

A.

The granting of leave with pay, partially paid or unpaid up to five years;

B.

The assumption of extraordinary costs related to the undertaking, as long as they are not covered by the international organisation.

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

¹ Within the framework of the regulations, the salary and the elements of the salary according to Annex 2 of the Ordinance of 3 July 2001 on the staff of the Confederation are insured with PUBLICA ¹ .

² If no compensation for the increase is paid to an employee under s. 26, para. 2, or if an employee's salary is reduced under s. 67, para. 2 or 3, the previous insurable earnings remain unchanged until the compensation for the increase is paid again or the right to the salary in the event of illness or accident turns out.

³ ... ²

⁴ In the case of measures relating to restructuring according to Art. 77, the insurable earnings are determined according to the social plan.

The insurable earnings are advertised to PUBLICA as a determinant salary by the Personnel Department of the Federal Tribunal.

(art. 32, let. A, LPers)

The employer can take part in the regulatory buyout by financing it by means of staff credits if, in a new commitment, the foresight seems inadequate in view of the importance of the person's function and qualifications.

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

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

² If the employer gives the employee leave without pay or partially paid for more than two months, the employee agrees with the employee prior to the commencement of the leave, whether or not to maintain insurance and the obligation to contribute from the third month of leave and, The terms and conditions of such maintenance.

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

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

¹ Where the insured salary of an employed person is reduced by half at the most after the age of 58, the foresight may at his request be maintained at the level of the last insurance cover (art. 33 A Of the PMQ of 25 June 1982 on occupational pensions, survivors and invalidity; LPP ² ); to that end, the person employed must pay not only his own savings but also those of the employer and the risk premium on the part of the salary insured up to that date corresponding to the reduction in salary.

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

³ If the reduction in the insured salary is in the interest of the employer, the employer may take over one-half of the savings and risk premium for the maintenance of foresight and charge the costs to the budget Staff. This contribution may be temporary.

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

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

¹ The competent authority requests PUBLICA to provide an occupational disability benefit to the employee: ¹

A.

He has reached the age of 50;

B.

If the medical service finds, at the request of the employer, that for reasons of health the employee is unable to exercise or may exercise only in part the activity which he carried out to that extent or any other activity which could reasonably be Required of him;

C.

If a decision of the competent AI Office excludes the right to an annuity or provides for only a partial pension to be entered into force; and

D.

If rehabilitation measures within the meaning of s. 4, para. 2, had no effect, without the fault of the employee.

² The terms and conditions of entitlement to occupational disability pensions and their nature and amount are set out in the Provident Regulations for Employees and Annuities Beneficiaries of the Confederation Provident Fund (CEPR).

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

¹ If a person receives a full transition annuity or a transitional semi-annuity under the CEPR, the employer pays part of the cost of financing the transitional annuity actually collected. The amount of the employer's participation is set out in Schedule 1 of the Order of July 3, 2001 on the Personnel of Confederation ¹ .

² There is no entitlement to the employer's participation if the duration of the work reports immediately preceding the retirement age is less than five years.

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

¹ Employees must be able to go to court in a timely manner.

² The head of the building department and his or her replacement are required to occupy the function unit assigned to them.

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

The principles of the Federal Department of Finance on the use of function flats and compensation are applied by analogy.

(art. 23 LPers)

¹ An authorization must be obtained for public functions or other activities that the employee exercises outside his or her working relationship with the Federal Tribunal, where:

A.

The function or activity is paid; or

B.

There are requirements to reduce the employee's productivity in his or her working relationship with the Federal Court; or

C.

Because of its nature, it carries the risk of a conflict of interest that is detrimental to the performance of the function.

² Leave with pay of up to 15 days may be granted for public functions and ancillary activities carried out in the interest of the employer.

³ A part-time employee requires authorization only because of para. 1, let. B and c, above.

⁴ The employee informs the employer of situations that may require authorization.

(art. 21, para. 2, LPers)

¹ The authorisation to carry on an ancillary activity may be subject to the obligation to give back part of the corresponding income.

² If the Confederation has an important interest in the performance of an activity in favour of third parties, the employee may be totally or partially discharged from the obligation to return.

(art. 21, para. 3, LPers)

¹ The usual modest gifts, especially those received during official visits, do not constitute gifts or other benefits under s. 21, para. 3, LPers.

² If the possibility of accepting a present is questionable, the employee will clarify the case with his supervisor.

(art. 22 LPers)

¹ The employee shall not divulge any professional or judicial matters which are to be kept secret because of their nature or under specific legal provisions.

² The obligation to retain professional secrecy or function remains also after the end of the working reports.

³ An employee shall not file in court as a party, witness or expert on facts that have come to his knowledge in the performance of his or her work, in connection with the work of the employee, unless the employer has authorized the employee to do so in writing.

⁴ Art. 150 to 156 in relation to s. 162, para. 1, let. C, of the Act of 13 December 2002 on Parliament ¹ Are reserved. ²

(art. 25 LPers)

¹ The administrative inquiry tends to determine whether a situation requiring an intervention by the employer, in the public interest, is carried out.

² The administrative investigation is not directed against a specified person.

³ The administrative inquiry is carried out by a foreign body in the field of activity concerned. It may be entrusted to a person outside the Federal Court.

⁴ The procedure is governed by the Federal Act of 20 December 1968 on the administrative procedure ¹ , applied by analogy.

(art. 25 LPers)

¹ The disciplinary investigation opens with the appointment of the person who is responsible for the investigation. It may be entrusted to a person outside the Federal Court.

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

³ The disciplinary investigation shall be terminated in the event of the termination of the working reports.

⁴ Where a breach of professional duties simultaneously results in a disciplinary investigation and a criminal procedure, the decision on disciplinary action shall be suspended until the outcome of that procedure. For important reasons, a decision on disciplinary action may exceptionally take place before the outcome of the criminal procedure.

(art. 25 LPers)

¹ A disciplinary measure may be imposed only after investigation.

² The following measures may be taken against an employee who has violated his professional duties in a false position:

A.

Warning;

B. ¹

...

C.

The change in the business domain.

³ In addition, the following measures may be taken against an employee who has violated his or her professional duties intentionally or by gross negligence:

A.

The salary reduction of up to 10 % for a maximum of one year;

B.

The fine up to ¹ / ₅ Gross monthly salary;

C. ²

The change in working time.

(art. 25 LPers)

¹ The employee's disciplinary liability shall be extinguished by prescription one year after the discovery of the breach of professional duties, but not later than three years after the last violation.

² The limitation period is suspended for as long as a criminal proceeding is in progress on the basis of the same facts or as an appeal against a decision taken in the disciplinary procedure.

(art. 25 LPers)

The liability of the employee for the damage caused to the Confederation or a third party, as well as the procedure for compensation for such damage, shall be governed by the Federal Law of 14 March 1958 on Liability ¹ .

(art. 25 LPers)

¹ Where a breach of professional duties appears also to be an offence punishable under federal or cantonal criminal law, the documents and the minutes of hearings shall be transmitted to the Public Prosecutor's Office of the Confederation.

² Where a criminal procedure is to be opened against an employee, the procedure shall be governed by the Ordinance of 30 December 1958 on the Law on Liability ¹ .

(art. 26 LPers)

¹ As a provision, an employee may be suspended from his or her activity without delay, or assigned to another function, including:

A.

Serious, criminal or disciplinary matters are recorded or suspected; or

B.

Repeated lapses are established; or

C.

An ongoing procedure is being hampered.

² Salary and other benefits may be simultaneously reduced or eliminated.

(art. 25 LPers)

¹ If the working reports are terminated by the competent authority, the competent authority may decide to suspend the employee if the necessary confidence is no longer guaranteed.

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

(art. 29 LPers)

¹ In the event of incapacity to work due to illness or accident, the employer shall pay 100 % of the salary according to the art. 15 and 16 LPers for 12 months.

² Beyond that period, the employer still pays 90 % of the salary for the same period. The salary thus reduced must not be less than the compulsory accident insurance or PUBLICA benefits to which the employee would be entitled in the event of disability.

³ In exceptional cases, the maintenance of salary in accordance with para. 2 may be extended until medical findings are completed or until an annuity is awarded, but at most for an additional 12 months.

⁴ Benefits under s. 1 to 3 are subject to the production of a medical certificate and to the requirements of the doctor. The employer may request an investigation by a medical adviser or the medical service.

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

⁶ If an employee's employment contract is terminated under s. 18 A , para. 4, the obligation to pay the salary in accordance with paras. 1 and 2 remain as long as the contract terminated. The salary received under the new employment contract as well as the financial benefits of Disability Insurance and PUBLICA are charged against the salary paid. ²

⁷ At the end of the periods laid down in paras. 1 to 3, the employee loses any right to pay, whether or not the contract of employment remains. ³

⁸ In the case of a fixed-term employment contract, the payment of wages in accordance with paras. 1 and 2 no later than the end of the contract of employment. ⁴

(art. 29 LPers)

¹ Social benefits are paid in full during the maintenance of the salary under s. 67, para. 2 and 3; they are then deleted.

² The reduction under s. 67, para. 2, does not intervene when the activity has to be suspended due to an accident or occupational disease.

³ The salary is reduced or eliminated when an illness or accident has been caused intentionally or by gross negligence, or where the employee has knowingly exposed to an exceptional risk or engaged in a reckless business.

⁴ If the employee refuses, without any legitimate reason, to cooperate in the implementation of the rehabilitation measures referred to in s. 4, the right to pay can be reduced or, in serious cases, deleted. ¹

(art. 29, para. 3, LPers)

¹ In the event of illness or accident, the benefits of Military Insurance, the Swiss National Insurance Fund in the event of an accident (SUVA) or other compulsory accident insurance are deducted from the salary. Invalidity Insurance per diems and per diems are deducted to the extent that these benefits, combined with salary, including benefits derived from Military Insurance, SUVA or other compulsory accident insurance, Exceed the unreduced salary.

² The salary is reduced in accordance with the applicable insurance principles when the employee stays in a medical facility at the expense of Military Insurance, SUVA or other mandatory accident insurance.

(art. 29, para. 1, LPers)

¹ In the event of incapacity to work due to compulsory military service or civil protection, or for the duration of the civil service, the salary shall be paid without reduction. Statutory allowances for loss of earnings are paid to the employer.

² If the employee receives the pay supplement, it is deducted from the salary.

³ The employer may require the return of the salary paid for the duration of the basic military training, to the extent that this salary exceeds the gain-loss allowances, if the work reports have lasted less than four years.

⁴ In the case of a voluntary service, the salary may be paid for up to ten working days per year.

⁵ Social allowances are paid without reduction.

(art. 29, para. 1, LPers)

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

² Upon request, the work may be suspended at the earliest one month prior to the alleged birth.

³ In agreement with the employer, the employee can take half of the maternity leave in the form of a reduction in her participation rate. If the father of the child is also employed by the Federal Court, the parents may divide the reduction.

¹ After the birth or adoption of a child, parents are entitled to a reduction in the occupancy rate of up to 20 %, provided that no organisational change is necessary. The occupancy rate cannot be less than 60 %.

² An application for a reduction in the occupancy rate must be made within 12 months of the birth or adoption of the child.

³ The reduced rate work commences no later than the first day after the expiry of the twelve-month period under para. 2 and is valid for an indefinite period.

(art. 17, para. 4, LPers) ¹

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

² If both adoptive parents work in the federal government, the entitlement to the payment of the salary is only valid for one of them. They may freely divide the two months of absence. ³

³ Cantonal regulations are reserved. ⁴

(art. 29, para. 2, LPers)

¹ In the event of the employee's death, the survivors collect ¹ / ₆ Annual salary.

² The allowance for assistance to close relatives according to art. 36 B Is paid in the same proportion. ¹

(art. 29, para. 1, LPers)

Benefits in the event of a professional accident shall be determined by analogy according to Art. 63 of the Order of 3 July 2001 on the personnel of the Confederation ¹ .

(art. 18, para. 2, LPers)

¹ An allowance may be paid to an employee who is in charge of attending a conference or other event outside Canada and who, without his or her fault, is suffering heritage damage as a result of such participation.

² The compensation is settled by agreement with the Federal Department of Finance.

(art. 34 LPers)

The claims resulting from the working reports shall be prescribed in accordance with Art. 127 and 128 CO ¹ .

(art. 10, 19 and 31 LPers) ²

¹ Restructuring and reorganizations are being implemented in a socially responsible way. ³

² The following measures shall prevail over the termination of the working reports:

A. ⁴

Assignment of the employee to another position that may reasonably be required;

B. ⁵

...

C.

Professional retraining and continuing vocational training;

D.

Early retirement.

³ Employees who are no longer likely to be assigned to the administrative unit must be informed of this fact no later than six months prior to any termination of employment. ⁶

⁴ Employees support the employer's efforts. They actively collaborate on the measures adopted and demonstrate initiative, particularly in the search for a new position.

⁵ The Administrative Commission is responsible for drawing up and signing a social plan with the social partners. ⁷

(art. 31, para. 5, LPers) ²

¹ In the event of restructuring or reorganization, the employee may be retired early from the age of 55 at the earliest, provided that he has not refused another position that may reasonably be required of him: ³

A.

If the position is deleted; or

B.

If its field of activity is modified to an important extent; or

C.

If the measure is carried out in the context of an action of solidarity with younger employees whose posts are abolished.

² If the employee is aged 55 to 62 at the time of early retirement, he or she will be paid the old-age pension to which he would be entitled in the case of a retirement after the age of 63, as well as a transitional pension financed entirely by the employer. ⁴

^2bis If the employee is at least 63 years of age at that time, in addition to the prescribed old age pension, the employee shall be paid a transitional pension funded entirely by the employer. ⁵

³ The Federal Court shall reimburse PUBLICA for the part not covered, at the time of early retirement, of the benefits provided for in paras. 2 and 2 ^Bis . ⁶

⁴ Extended benefits can be paid in cases of thoroughness.

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

The employer may also provide the employee aged 60 years with the benefits provided for in s. 78:

A.

If the working reports are terminated by mutual agreement for reasons of exploitation or personnel policy; and

B.

There is no reason for termination under s. 10, para. 3 or 4, LPers.

(art. 33 LPers)

¹ The dialogue and cooperation of the social partners in matters relating to personnel, in particular restructuring, are guaranteed mainly by rapid and complete information, by the invitation to take a position and, if necessary, Through negotiations.

² The social partners shall be informed in a timely and comprehensive manner on all important personnel matters and at least consulted in the cases provided for in Art. 33, para. 2, LPers.

³ The social partners of the Federal Court are the associations of the staff of the recognized Confederation.

⁴ To the extent that the Federal Court essentially adopts a regulation of the general administration of the Confederation, the information and consultations are limited to the delegation of the staff of the Federal Court.

(art. 33, para. 4, LPers)

¹ In order to ensure collaboration, staff elected a delegation.

² The role of the delegation is in principle advisory. It is addressed to the competent administrative body. It decides on:

A.

Cases involving staff in general or certain categories of employees;

B.

Simplifications or improvements in working methods, as well as real estate development;

C.

Health and training issues.

¹ The Conciliation Commission under the Federal Act of 24 March 1995 on equality between women and men ² Consists of four members. It has as many women as men.

² The employer is represented by two scientific collaborators of the General Secretariat of Gender. The Staff Delegation shall appoint two members, one at least in its midst and at least one Clerk. The Head of Personnel presides.

³ The procedure is governed by the provisions of the Order of 10 December 2004 concerning the Conciliation Commission under the Law on Equality ³ , applicable by analogy.

(art. 27, 27 A , 27 B , 27 C LPers)

The provisions of the Ordinance of 26 October 2011 concerning the protection of the personal data of the personnel of the Confederation ¹ Shall apply mutatis mutandis to the processing of personal data of the candidates, employees and former employees of the Federal Court, subject to the derogations provided for in this section.

¹ Personal files shall be kept by the competent department for ten years from the end of the working reports. They are then archived to the Federal Court to the extent that they are of archival value under s. 4, para. 1, of the Federal Court Order of September 27, 1999, for the application of the Federal Archive Act ¹ . The other elements are destroyed.

² During the duration of the working reports, the periodic assessments of the benefits, the decisions taken under them and the results of the personality tests and the assessments of the potential are kept for ten years. They are then destroyed. They may be held in exceptional cases for longer periods of time if they are justified in disputes relating to the working reports.

(art. 25 B , para. 2, LTF ¹ )

The provisions of the Ordinance of 22 February 2012 on the processing of personal data relating to the use of the electronic infrastructure of the Confederation ² Are applicable by analogy to the use of electronic infrastructure.

(art. 11 A HPA and art. 23 OLPD)

¹ The Data Protection Officer of the Federal Tribunal is:

A.

The data protection advisor within the meaning of s. 11 A , para. 5, let. E, of the Federal Act of 19 June 1992 on Data Protection (HPA) ¹ And art. 12 A And 12 B The Order of 14 June 1993 on the Federal Data Protection Act (OLPD) ² ;

B.

The data protection advisor within the meaning of s. 23 OLP.

² It has the necessary independence to carry out its functions.

³ Employees of the Federal Tribunal may apply to the Data Protection Officer of the Federal Tribunal at any time.

The Plenary Court shall have jurisdiction for the establishment, amendment and termination of the working reports of the Secretary-General and his replacement.

¹ The Administrative Commission is responsible for matters relating to the Clerks and Scientific Collaborators directly subordinate to the Secretary-General. ¹ Its competence shall include:

A.

Commitment (s. 13);

B.

The amendment and termination of employment reports (art. 17, 18);

C.

Salary increases and allowances, benefit premiums, recognition premiums and employment-related allowances (s. 25, 26, 32, 33, 34, 35);

D.

Assessment of duties (s. 37);

E.

Leave requests (s. 42);

F.

The refusal of the fidelity premium (art. 46);

G.

Payment of allowances (s. 50, 51, 52);

H.

Authorization for ancillary activities (s. 55);

I.

The lifting of professional secrecy or duty (art. 58);

J.

Initiation of administrative or disciplinary investigations, and disciplinary action (s. 60, 61, 62);

K.

The transmission of coins to the Public Prosecutor's Office (Art. 65).

² The Administrative Commission may delegate powers to the Secretary-General.

The Secretary-General is responsible for matters relating to other employees.

¹ For personnel matters, the right of proposal belongs to:

A.

The Administrative Commission, for the appointment of the Secretary-General and his replacement;

B. ¹

...

C. ²

To each court for the commitment and assignment of its clerks;

D.

The Chairs of the course, for their collaborators;

E. ³

...

F.

To the Heads of Service, for their employees.

² ... ⁴

¹ The Administrative Commission shall issue directives relating to conditions of appointment, initial salary and career of clerks (Art. 21 and 23). ¹

² The Administrative Commission and the Secretary-General shall adopt, in their respective fields, circulars and guidelines in addition to this order, including:

A.

Continuing training of registrars (art. 2, para. 6);

B.

Benefit and recognition awards (s. 33 and 34);

C.

Flexible and mobile working hours (art. 38);

D.

The postponement of vacation to the following year (s. 41, para. 3);

E.

Leave (s. 42);

F.

Service-keeping (s. 44);

G.

Ancillary activities (art. 55);

H.

Return of income from ancillary activities (s. 56);

I.

Allowances for demonstrations abroad (art. 75);

J.

Delegation of staff (art. 80).

... ¹

¹ Previous service reports are converted to work reports subject to the new entitlement as early as 1 ^Er January 2002, in accordance with the order of 3 July 2001 on the conversion of service reports based on the Staff Regulations to the Staff Regulations based on the Law on the Personnel of Confederation ¹ , applied by analogy.

² The administrative period of the Secretary-General and of the clerks appointed officials is reserved. These persons remain subject, until the end of 2002, to the previous provisions on the termination of service reports. The conversion of their status within the meaning of s. 2, para. 2 and 3 of the above order: 1 ^Er January 2003.

³ Changes in function and salary changes to 1 ^Er January 2002 is governed by the new law.

⁴ In the event that the employee changes his salary class solely because of the transition from the old to the new wage system, the maintenance of the current salary, increased by the compensation of the increase, is guaranteed.

¹ Contracts of the Clerks concluded in accordance with Art. 15, para. 2, for a period of five years, shall be maintained for a maximum period of one year from the entry into force of the amendment of 24 June 2013. Clerks who do not obtain an indeterminate contract may request that the five-year contract of employment be completed.

² The calculation of the fidelity premium according to Art. 46, para. 5, according to the old right, on the basis of the years of work recognised before the entry into force of the amendment of 24 June 2013.

³ If, after the entry into force of the amendment of 24 June 2013, the employee leaves an administrative unit referred to in s. 2 LPers and is rehired by the latter, the number of years worked previously done is no longer taken into account for the calculation of the fidelity premium.

⁴ If the employee was unable to work due to illness or accident prior to the entry into force of the June 24, 2013 amendment, the duration of the incapacity to work shall be deducted from the two-year period provided for in s. 18 A .

⁵ If the employee reaches only after the entry into force of the change of June 24, 2013, the period of three months during which he has returned to work for at least 50 %, according to Art. 67, para. 5, of the former right, the incapacity to work is not interrupted.

The employer's contribution to the financing of the transitional pension for employees who have reached the age of 59 years before the entry into force of the amendment of 29 June 2015 and who will take early retirement by 31 July at the latest 2017 is governed by the old right.

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