Advanced Search

RS 823.114 Order of 1er November 2006 on the Labour Market Placement and Statistics Information System (PLASTA Order)

Original Language Title: RS 823.114 Ordonnance du 1er novembre 2006 sur le système d’information en matière de placement et de statistique du marché du travail (Ordonnance PLASTA)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

823.114

Employment Information System and Labour Market Information System Ordinance

(PLASTA Order)

Of 1 Er November 2006 (State 1 Er April 2011)

The Swiss Federal Council,

Having regard to art. 96 C , para. 3, and 109 of the Act of 25 June 1982 on Unemployment Insurance (LACI) 1 , given art. 35, para. 5 of the Federal Act of 6 October 1989 on the Employment Service and the Leasing of Services (LSE) 2 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

This order regulates the operation and use of the Labour Market Information and Statistics System (PLASTA) and its subsystems.

Art. 2 Structure of the information system

The information system consists of the following subsystems:

A.
The main file "PLASTA", in which data and information on job-seekers, job offers, undertakings and labour market measures are processed;
B.
The "ODS-PLASTA" application, for the management and statistical evaluations of data entered into PLASTA;
C.
The 'GED-PLASTA' application for the processing of applicants'and businesses' files;
D.
The "eGovernment-PLASTA" application, for the publication of non-personal PLASTA data and the registration of job offers and job seekers.
Art. 3 Purpose of the information system

The purpose of the information system is to:

A.
The implementation of unemployment insurance and the public employment service and the monitoring and control of this implementation;
B.
Collaboration between the unemployment insurance bodies, the public employment service and vocational guidance;
C.
Collaboration between the unemployment insurance bodies and the public employment service, private employment agencies and employers;
D.
Collaboration between the bodies of unemployment insurance, the public employment service and the State Secretariat for Migration 1 For the performance of the tasks set out in Art. 25, para. 2 and 3, LSE;
E.
Inter-institutional coordination and collaboration between the bodies of unemployment insurance, public employment and social insurance;
F.
Labour market observation and labour market statistics.

1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.

Section 2 Information system bodies

Art. 4

1 The following bodies are linked to the information system:

A.
The compensation body for unemployment insurance;
B.
The State Secretariat for Economic Affairs (SECO);
C.
Cantonal authorities;
D.
Regional investment offices;
E.
Logistics services for labour market measures;
F.
Unemployment funds;
G. 1
Social assistance bodies.

2 The following bodies may be linked to the information system to use its functions and backup capabilities:

A.
The State Secretariat for Migration to coordinate its activities on the advice and placement of Swiss immigrants returning to the country and Swiss and foreign trainees with the bodies of the public employment service;
B.
The disability insurance bodies to coordinate their counselling and placement activities for persons with disabilities with the public employment service bodies;
C.
Vocational guidance services to coordinate their counselling and job placement activities with the public employment service bodies.

1 Introduced by c. I (art. 131) of the O of 11 March 2011, in force since 1 Er Apr 2011 ( RO 2011 1179 ).

Section 3 Content of the information system and data processing

Art. 5 Content of the information system

1 The data that can be processed in the information system are listed in the Annex.

2 Organs linked to the information system can only process the data they need to carry out their legal tasks. Data processing fees are defined in the Annex.

Art. 6 Data recovery in other systems

The annexed data may be included in the following systems:

A.
The system of payment of unemployment funds (SIPAC);
B.
The Federal Statistical Office's Business and Institutional Register (EAR);
C.
The Central de Compensation (CoC) system.
Art. 6 A 1 Exchange of data with the Federal Statistics Office

The information system can notify the Federal Office of Statistics of new businesses and changes to the IDE register.


1 Introduced by ch. 7 of the Annex to the O of 26 January 2011 on the Business Identification Number, in force since 1 Er Apr 2011 ( RO 2011 533 ).

Art. 7 Retention and destruction of data

1 Documents can be backed up to digital media. They must be able to reproduce faithfully.

2 Documents and data are retained for three years after the close of the case. They are then destroyed to the extent that they contain personal data. Art. 8 is reserved.

Art. 8 Archiving data

The release of information from the information system to the Federal Archives is governed by the Federal Act of June 26, 1998 on Archiving 1 .


Section 4 Data protection and security

Art. Responsibility for Data Protection

1 The bodies linked to the information system comply with the relevant provisions of the data protection legislation for the data they deal with.

2 The Unemployment Insurance Compensation Body and the SECO grant access rights to the information system and data processing rights and ensure that the data protection provisions are respected.

3 Access to the information system must be secured by a personal user profile and password.

Art. 10 Data security

1 The information system bodies shall take the necessary security measures to prevent unauthorized third parties from accessing the data.

2 The compensation body for unemployment insurance and the SECO shall, in cooperation with the Federal Office of Information and Telecommunications, take the necessary measures to ensure that the data and programmes withdrawn, lost or otherwise Involuntarily destroyed may be reconstituted.

3 The SECO lays down an operating regulation in which it defines its internal organisation, data processing and control procedures, and security measures.

Art. 11 Rights of the person concerned

1 The rights of the data subject, including the right of access, the right to rectification or destruction of the data shall be governed by the Federal Law of 19 June 1992 on Data Protection 1 .

2 When the data subject claims his or her rights, he or she must present a piece of identification and a written request to the body that seized the data. She may also apply to the Unemployment Insurance Compensation Body or the SECO.

3 If the body to which the application was addressed totally or partially rejects the application, it shall inform the person concerned in the form of a decision subject to appeal.

4 Corrections, supplements and destruction of data shall be communicated to the bodies which have access to such data and to other bodies if the person concerned so wishes.


Section 5 Organization and financing of the information system

Art. 12 Organization and operation of the information system

1 The Unemployment Insurance Compensation Body is responsible for the development and operation of the information system at the organizational level and in terms of content.

2 The Federal Office for Informatics and Telecommunications is responsible for the development and operation of the technical information system.

3 The unemployment insurance clearing body and the Federal Office for Informatics and Telecommunications coordinate their work with the bodies involved in the information system.

Art. 13 Funding

1 The development and operation of the information system is funded by the Confederation and the unemployment insurance fund.

2 The data processing facilities and networks necessary for the implementation of Unemployment Insurance and the Public Employment Service shall be financed by the Unemployment Insurance Compensation Fund in accordance with Art. 92, para. 7, LACE.

Section 6 Final provisions

Art. 14 Repeal of the law in force

The order of 14 December 1992 on the information system for labour market placement and statistics 1 Is repealed.


1 [RO 1993 242, 2000 187 art. 22 al. 1 ch. 14 1227 Annex c. II 15]

Art. 15 Entry into force

This order shall enter into force on 1 Er January 2007.

Annex 1

(art. 5 and 6)

Abbreviations:

SECO

State Secretariat for the Economy

1

Business Register (EAR)

ACt

Cantonal Authorities

2

Clearing Central (CdC)

ORP

Regional Investment Offices

3

Payment system for unemployment funds (SIPAC)

LMMT

Logistics services of labour market measures

T

All

CCh

Unemployment Funds

P

Propres cases (skill)

AS

Social Assistance

Exchanging data with other systems

Access

SECO

ACt

ORP

LMMT

CCh

AS

Job Applicants

Personal Data

Last Name, First Name, Address

2, 3

T

P

P

P

P

P

Tel., fax, e-mail

3

T

P

P

P

P

Date of birth

2, 3

T

P

P

P

P

P

Civil Status

2, 3

T

P

P

P

P

P

Nationality

2, 3

T

P

P

P

P

N O AVS/Social Security

2, 3

T

P

P

P

P

P

Gender

2, 3

T

P

P

P

P

P

Status and residence permit

T

P

P

P

P

P

Professional status and employment status

T

P

P

P

P

P

Professional qualifications, skills and experience

T

P

P

P

P

Language Proficiency

T

P

P

P

P

Mobility, driving licence

T

P

P

P

P

Last employer and branch of business

T

P

P

P

Curriculum vitae

T

P

P

P

P

Insurance Data

Personal Number

3

T

P

P

P

P

P

Date and place of registration

3

T

P

P

P

P

P

Date and reason for dislisting

T

P

P

P

P

P

Dates of control and advisory interviews

T

P

P

P

P

Minutes of the interviews

T

P

P

P

Type and volume of activity sought (availability)

3

T

P

P

P

P

P

Region of work

T

P

P

P

P

Competent authorities and competent persons

T

P

P

P

P

P

Assignments

T

P

P

P

P

New working canton, economic activity and occupation found

T

P

P

P

Date of New Job Entry

T

P

P

P

Indications concerning the reason, the beginning and the duration of sanctions

3

T

P

P

P

P

Type and duration, place of performance and costs of a labour market measure

3

T

P

P

P

P

P

Type, duration and amount of an intermediate gain; contact person in the business

3

T

P

P

P

P

Start, duration and amount of entitlement to insurance benefits

3

T

P

P

P

P

Work Searches

T

P

P

P

P

Stopping Assignments

T

P

P

P

P

Exchanging data with other systems

Access

SECO

ACt

ORP

LMMT

CCh

Enterprises

Personal Data

Name and address

T

P

P

P

P

N O Of telephone, N O Fax, e-mail address

T

P

P

P

P

Contact persons (function, position, language, address, N O Of telephone, N O Fax, e-mail address)

T

P

P

P

Group of occupations employed

T

T

T

T

T

N O REE

1, 3

T

T

T

T

T

Legal form

T

T

T

T

T

Type of business (head office, branch, ancillary business)

T

T

T

T

T

Enterprise Size

T

T

T

T

T

Economic status

T

T

T

T

T

Insurance Data

Right to insurance benefits (start, duration and amount of benefits)

3

T

T

T

T

T

Competent authorities and persons, number of persons concerned, sector of exploitation

3

T

T

T

T

T

Number of Workers Affected

3

T

P

P

P

P

Cost of labour market measures

3

T

P

P

P

P


1 New content according to the c. I (art. 131) of the O of 11 March 2011, in force since 1 Er Apr 2011 ( RO 2011 1179 ).


State 1 Er April 2011