Key Benefits:
Persons liable to military service who cannot reconcile this service with their conscience shall, upon request, perform a civilian replacement service (civil service) of a higher duration within the meaning of this Law.
1 New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
1 The civil service operates in areas where resources are not sufficient or are absent, to carry out important tasks of the community. 1
2 It serves civil purposes and takes place outside the institutional framework of the army.
3 A person who performs a civil service provides work of public interest.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
A work is deemed to be in the public interest where the person is engaged in a civil service in a public institution or in a private institution engaged in a public service activity.
1 The Civil Service contributes to:
2 It provides contributions within the framework of the national security cooperation system.
1 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The Civil Service achieves its objectives in the following areas of activity: 1
2 Even where the conditions set out in s. 3 are not fulfilled, allocations in agriculture and forestry are allowed if they are carried out on farms within the framework of projects aimed at improving living or production conditions and The latter cannot be carried out without cheap labour. 4
2bis Persons subject to civil service who have not cooperated sufficiently in the planning of assignments and in the search for assignment opportunities may also be assigned to agricultural and forestry production on farms Referred to in para. 2. The Federal Council determines the nature and extent of these activities. 5
2ter The provisions governing the prevention of accidents must be respected. 6
3 Even when the conditions of s. 3 are not fulfilled, allocations for disaster and emergency situations are allowed. 7
4 The civil service shall implement, as appropriate, priority programmes in its fields of activity and regularly monitor its effectiveness. The Federal Council may provide mandates for these programmes. 8
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
2 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
3 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
4 New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
5 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
6 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
7 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
8 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
The person who is required to serve the civil service (person on-call) cannot be affected:
1 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
The ordinary civil service shall represent, for the person who is required to do so, an overall load equivalent to that represented by the training services for a soldier.
1 The federal body responsible for the enforcement of the provisions relating to the civil service (implementing body) shall ensure that the assignment of persons subject to periodic penalty payments:
2 Recognition (art. 41 to 43) does not give the duty stations any right to the assignment of periodic penalty payments.
3 The Federal Council may provide for other measures to protect the labour market.
1 Persons liable may be assigned abroad as long as they consent and their personality, professional competence or specific experience lend themselves to them. 1
2 They may be affected without their consent to disaster and emergency assistance in border areas. 2
3 The Federal Council regulates the terms and conditions of the performance of the service abroad.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
2 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The implementing body may, in the case of disasters and emergency situations or priority programmes, assume the rights and obligations of an establishment.
2 It coordinates assignments with relevant bodies of conduct and relevant specialised bodies.
3 Within the framework of the appropriations allocated, it may take in full or in part the additional costs not covered by these allocations. The Federal Council regulates the conditions.
1 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The length of the civilian service is equivalent to 1.5 times the total duration of the training services provided for in the military legislation and which will not be carried out. The factor of 1.1 is applied to on-call persons who were senior non-commissioned officers or officers. The Federal Council determines the factor applicable to specific cases, including former executives and specialist officers who have not yet completed their practical service.
2 Those who are permanently assigned abroad may commit themselves to serving beyond the ordinary civil service. The total duration referred to in para. However, 1 cannot be exceeded by more than half.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
The obligation to serve the civil service includes the following obligations:
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
The penalty payment to the civilian service shall begin at the moment when the decision on admission to civil service enters into force; the obligation to serve in the army shall be extinguished simultaneously.
1 The penalty payment to the civil service shall cease at the moment when the person who is bound is released or excluded from the civil service.
2 Art. 13 of the Federal Act of 3 February 1995 on the military and military administration 1 , which governs the length of the obligation to perform military service, is applicable by analogy to the release of the civilian service. 2
2bis In the event of a need, in particular in the case of assignment abroad, the release of those who are bound may, with their consent, be postponed for up to twelve years. 3
3 The implementing body shall declare the release before the end of the civil service when the person who is required:
1 RS 510.10
2 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
3 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
4 Repealed by c. I of the PMQ of 21 March 2003, with effect from 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The implementing body shall exclude from civil service, on an interim or permanent basis, persons who are bound by the presence of a person incompatible with the requirements of the service because they have been convicted of a crime or an offence or a measure resulting in Deprivation of liberty was ordered against them.
2 In order to render its decision, the implementing body may, under Art. 365 and 367, para. 2, of the Penal Code 2 , refer to the criminal record information relating to judgments.
3 The implementing body may request in writing additional information to the authority which has ruled and consult the judgment and the documents of the case which have led to the registration of the criminal record, provided that such information is necessary To take the decision of exclusion and that the rights of the personality of third parties are not infringed.
1 New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
2 RS 311.0
1 Art. 17 and 18 of the Federal Act of 3 February 1995 on the military and military administration 1 Apply by analogy to civil service.
2 The implementing body shall decide on the exemptions.
1 The Federal Council may order the extraordinary civil service to overcome special and extraordinary situations. The cantons in need of support may submit requests to this effect to the competent organ of the Confederation.
2 Art. 4 A , let. A and b, 6, al. 1, 19 and 28, para. 2, are not applicable.
3 The following provisions shall apply:
4 The Federal Council addresses the financial consequences of extraordinary assignments. It may, on that occasion, derogate from s. 7 A , para. 3, 29, 37, para. 2, 46, para. 1 and 2 and 47.
5 The implementing body shall:
6 Posting institutions may temporarily delegate to third parties that they support their right under s. 49 to give instructions.
7 The extraordinary assignment of stand-by persons shall be taken into account in the same manner as for persons engaged in military service.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 Any person who is liable to civil service who does not, or only fulfils, his or her obligations in the form of a personal service, must provide monetary compensation.
2 The liability for tax is governed by the Federal Act of 12 June 1959 on the exemption fee for military service 1 .
1 The implementing body shall inform the public and interested persons about the civil service.
2 The competent authorities shall inform the conscripts on the civil service, in particular during the information days.
1 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The conscripts may apply for civilian service after participating in the information day of the competent military authorities.
2 Persons subject to military service may apply at any time.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The application shall be sent in writing to the implementing body.
2 The Federal Council regulates the form of the application, as well as the electronic filing procedure.
1 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ). New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 (RO 2009 1093; FF 2008 2379).
1 The applicant must declare in his application that he cannot reconcile the military service with his conscience and that he is ready to perform a civil service within the meaning of this Law.
2 It cannot be subject to any conditions or reservations.
3 The Federal Council determines which data relating to the individual and its military obligations should be indicated.
1 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
At the request of the implementing body, the competent service of the Federal Department of Defence, Population and Sports Protection (DDPS) shall provide the following information concerning the applicant:
1 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
1 A person who files his or her application at least three months before the next period of military service is not required to enter service until his or her application has been the subject of a decision in force. If the application is subsequently filed, the author shall not be released from the obligation to perform his military service until the decision has been notified to him. 1
1bis The filing of an application for civil service does not relieve the conscript of the obligation to take part in the recruitment process. 2
2 The Federal Council shall rule on cases in which the principles set out in para. 1.
1 New wording of the sentence as per c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
2 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
The implementing body shall decide on admission to the civil service and shall adopt the number of days of service to be performed.
1 New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
1 The implementing body shall notify its decision to the applicant and to the competent service of the DDPS.
2 Where the implementing body has notified its decision, the application may no longer be withdrawn.
1 Introduced by ch. I of the PMQ of 21 March 2003 ( RO 2003 4843 ; FF 2001 5819 ). New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 (RO 2009 1093; FF 2008 2379).
Any person who receives the decision on admission to the civilian service during his military service shall be released from that period of service, if possible, on the same day, no later than the day following receipt of that decision.
1 Introduced by ch. I of the PMQ of 21 March 2003 ( RO 2003 4843 ; FF 2001 5819 ). New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 (RO 2009 1093; FF 2008 2379).
The admission procedure is free.
1 Introduced by ch. I of the PMQ of 21 March 2003 ( RO 2003 4843 ; FF 2001 5819 ). New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 (RO 2009 1093; FF 2008 2379).
1 Introduced by ch. I of the PMQ of 21 March 2003 ( RO 2003 4843 ; FF 2001 5819 ). Repealed by c. I of the 3 Oct PMQ. 2008, with effect from 1 Er April 2009 (RO 2009 1093; FF 2008 2379).
1 The implementing body shall provide the person with general information on the civil service and may call it to individual meetings with the representatives of the duty stations.
2 He appreciates the ability of the person to be subject to the proposed assignments.
3 In order to assess the person's ability to perform assignments which require guarantees in terms of reputation, the executing agency may consult the criminal record data relating to judgments in accordance with art. 365 and 367, para. 2, of the Penal Code 2 , and, with the consent of the person concerned, the criminal record data relating to criminal investigations in progress, in accordance with art. 365 and 367, para. 4 Bis , the Penal Code.
4 The implementing body may, by written request, provided that the information requested is necessary to assess the person's aptitude and that the rights of the personality of third parties are not infringed:
5 If the person concerned does not consent to the transmission of the data concerning him or her or if the implementing body, after receiving the data, has doubts based on the ability of the data subject to a given assignment, he may refuse To endorse the assignment agreement.
1 New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
2 RS 311.0
The civilian service is performed in one or more assignments. The Federal Council sets the minimum duration and rate of duty periods.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The on-call person shall begin his first posting period at the latest by the end of the calendar year following the entry into force of the decision on admission to the civilian service.
2 The Federal Council regulates exceptions.
1 The implementing body shall convene the person required to serve the civil service.
2 It shall notify the on-call person and the assignment establishment at least three months before the start of the assignment. 1
3 The Federal Council regulates cases in which shorter notice periods are applicable. 2
4 The on-call persons may, on a voluntary basis and subject to shorter notice periods, participate in picketing services. 3
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
2 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
3 Introduced by ch. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The implementing body may interrupt a posting period if there are significant grounds for it.
2 The on-call person and the establishment of an assignment may appeal against the interruption decision.
The Federal Council shall lay down requirements concerning the processing of requests for postponement of service and the days of service taken into account for the performance of the civil service.
In a period of civil service, the person who is bound shall enjoy the same constitutional and legal rights as in civilian life. Restrictions are permissible only to the extent that they are proportionate and necessary for the performance of the civil service.
1 To the extent necessary and where this results from the performance of the civil service, the person who is required shall receive advice and assistance from a medical, spiritual, psychological or social point of view.
2 The Federal Council shall take the necessary measures.
3 The Federal Law of 24 June 1977 on the Competence of the Assistance of Persons in Need 1 Shall apply by analogy to the advice and social assistance of persons performing their civil service.
1 RS 851.1
2 Repealed by c. I of the 3 Oct PMQ. 2008, with effect from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
1 When exercising their rights and carrying out their duties, the person making the civil service shall act in accordance with the rules of good faith.
2 It respects the rights and duties of the assignment establishment; it takes particular care of the assets entrusted to it.
3 It is obtemper:
4 It is not required to obey instructions requiring unlawful conduct.
5 It respects the rights of other person-bound persons and performs the additional duties that flow from group assignments.
1 The work schedule of the person in service must be the same as that of the staff at the duty station.
2 If it is not possible to apply the schedule of the employees of the duty station, the hours of work and rest in use in the region and the occupation concerned are applicable.
3 With respect to the requirement to work overtime, shift work, night work and weekend work, the assignment establishment treats the person in service in the same manner as his own employees.
4 Excluded are:
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 For each day of service taken into account, the assignment establishment provides the following benefits to the person in service:
2 If the assignment establishment is unable to provide the benefits provided for in para. 1, let. B, c or d, it shall pay the person in service an appropriate allowance.
3 The Confederation shall bear the costs referred to in para. 1 when they are caused by introductory or training courses referred to in s. 36, para. 1 and 3 to 5. 1
4 If the assignment establishment became insolvent and is therefore not in a position to provide the benefits provided for in para. 1, the Confederation pays them to the person in service in monetary form. The claims of the person in service with respect to the posting establishment pass to Confederation. 2
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
2 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
Leave is granted by the duty station. The Federal Council shall determine the conditions and duration of leave and shall rule on the cases in which the posting institution requests the notice of the implementing body.
At the end of the assignment, the person in service receives a work certificate from the duty station.
1 The Federal Council sets out the terms and conditions concerning the obligation to announce and provide information to the person who is bound.
2 Scientific surveys can be carried out during introductory or training courses and during the ordinary civil service. 1
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The on-call person shall submit to the medical examinations necessary to determine his or her working capacity for assignment.
2 To the extent that a person's health status appears to be justified, the implementing body may, even before the commencement of the assignment, order medical examinations for the purpose of determining work capacity and prescribing measures Preventive medical care; both examinations and preventive measures are the responsibility of military insurance.
The person in service is required to respect the obligation to keep the secret in use at the duty station.
During his assignment, the person in service is not entitled to engage in a gainful occupation at the duty station.
1 Those subject to periodic penalty payments shall attend an introductory course organised by the implementing body.
2 The assignment establishment shall ensure that the person who is required is initiated to his or her task.
3 Those who are required to provide care as part of their assignment are required to attend a training course. The Federal Department of Economics, Training and Research 2 Sets the minimum requirements to be met by the course. The Federal Council regulates the derogations from participation in the training course.
4 The implementing body may organise additional training courses specific to the assignment.
5 The Federal Council may prescribe participation in additional training courses.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
2 New expression according to c. I 22 of the O of 15 June 2012 (Reorganization of the departments), in force since 1 Er Jan 2013 ( RO 2012 3655 ).
1 The Confederation shall bear the costs relating to the courses referred to in Art. 36, para. 1 and 3 to 5. 1
2 It can participate
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
Every person who performs a civil service is entitled to an allowance for loss of gain, in accordance with the Federal Act of 25 September 1952 on the scheme of allowances for loss of gain in favour of persons serving in the army, in the civil service or In civil protection 1 .
The person performing his or her civil service shall receive, for his or her travels in Switzerland, the necessary transport vouchers for himself and his luggage. The Confederation bears the costs.
The person performing the civilian service is insured in accordance with the Federal Law of 19 June 1992 on Military Insurance (LAM) 2 ; in the case of personal injury, the responsibility of the Confederation is limited exclusively to the provisions of that Act.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
2 RS 833.1
1 The implementing body may:
2 The Federal Council regulates the rights and duties of persons subject to civil service and duty stations in relation to distinctive signs.
1 Institutions wishing to employ on-call persons must file an application for recognition in writing with the executing agency. The Federal Council shall settle the details of the application, the accompanying documents and the electronic filing procedure. 1
2 The implementing body does not need to be recognized as an assignment institution in order to employ on-call persons.
1 New wording of the sentence as per c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The implementing body shall decide on the recognition of an assignment establishment.
2 The implementing body shall reject the request:
3 He may reject the application:
4 Recognition may be related to certain conditions or charges and may be limited in time.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The implementing body may submit the request to the opinion of qualified Swiss public services or, if necessary, to other specialized agencies.
2 The procedure is free. Moreover, the Federal Act of 20 December 1968 on administrative procedure 2 Is applicable.
1 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
2 RS 172.021
3 Repealed by c. II 4 of the annex to the PMQ of 20 March 2008 (Reorganisation of the extra-parliamentary committees), with effect from 1 Er Jan 2009 ( RO 2008 5941 ; FF 2007 6273 ).
The posting establishment shall follow the instructions and orders of the implementing body; it shall permit the inspection of the place of work of the person in service and the accommodation which is made available to him.
The establishment of an assignment shall communicate to the executing agency all necessary information in particular:
1 The implementing body shall, for each day on account of the civil service of the persons assigned to it, levy a contribution for the work force provided. The Federal Council fixes the amount of the contribution and defines the basis for calculation.
1bis No contributions were made to the institutions of the Confederation. 1
2 The Federal Council may suspend the execution of para. 1 where the economic situation or the request of persons subject to civil service do not permit the collection of a contribution.
3 The implementing body may waive the receipt of the contribution when its payment would make an assignment institution unable to employ persons who are bound by it and that the cooperation of the said establishment is of particular interest For the performance of the civil service.
4 Art. 6 is reserved.
1 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
1 To the extent of the appropriations allocated, the Confederation can exceptionally provide financial support for projects which serve the protection of the environment and nature or the maintenance of the landscape.
2 The Federal Council defines the other conditions giving entitlement to financial assistance and the project costs chargeable.
1 The duty station shall ensure that the person on duty is employed in a meaningful manner. It shall not entrust it with work for which it has neither the knowledge nor the capabilities required, nor may it require it to conduct unlawful conduct.
2 It respects the rights of the person in service. It treats it as equal to the staff performing the same work or comparable work, in particular in terms of occupational safety and health protection.
1 The assignment establishment has the right to give instructions to the person in service.
2 It may delegate this right to its auxiliary staff. It may also delegate it to individuals:
1 Rectified by the drafting committee of the Ass. Fed. (art. 33 LREC; 1974 1051).
1 Subject to the approval of the implementing body, the establishment may transfer its rights and obligations to third-party institutions that fulfil the requirements of the art. 2 to 6, which:
2 The institution of assignment may only charge the recipient institutions the actual costs incurred by its intermediary office. The rental of the services of a person who is bound is excluded.
The assignment establishment initiates the person in service, informs him or her of his or her duties and duties, and instructs him or her in such a way that the person can perform his or her duties effectively.
The Confederation shall reply to the damage caused by the person in service to the establishment of an assignment in the performance of his obligations, provided that the establishment is entitled to damages, in accordance with the analogy of art. 321 E The code of obligations 1 .
1 The assignment establishment shall respond to the damage that the person in service causes to third parties in the course of his or her assignment in the same manner as he or she responds to the behaviour of his staff.
2 The Confederation shall fix the damage in accordance with the rules of civil liability applicable to the staff of the establishment:
3 If the establishment of an assignment has paid damages, it may take remedial action against the Confederation when the art. 321 E The code of obligations 2 , applied by analogy, would confer the same power on the person in service.
1 Repealed by c. 6 of the annex to the LF of 6 Oct. 2000 on the general part of the right of social insurance, with effect from 1 Er Jan 2003 ( RO 2002 3371 ; FF 1991 II 181 888, 1994 V 897, 1999 4168).
2 RS 220
1 The institution shall respond to the damage it causes to the person in service in the same manner as it responds to the damage it causes to its staff.
2 If, as a result of injury, the person in service is entitled to benefits from the military insurance, the person may not claim any right to the assignment establishment or his or her staff.
3 Military insurance cannot be used against the posting establishment or its personnel under the AML 1 When the person responsible has acted intentionally or by gross negligence.
1 The person in service who causes damage in the performance of his or her duties cannot be directly prosecuted by the injured party.
2 If the Confederation has paid damages, it may resort to the person in service in so far as the person has acted intentionally or by gross negligence.
3 If the Confederacy is the aggrieved party, it may seek damages from the person in service provided that the person has acted intentionally or by gross negligence.
1 The person in service shall bear the costs of loss or damage to his or her personal objects.
2 The Confederation awarded him a fair compensation. In this regard, it examines in particular:
1 Art. 42, 43, para. 1, 44, para. 1, 45 to 47, 49, 50, para. 1, and 51 to 53 of the Code of Obligations 1 Are applicable by analogy.
2 If the person in service is recognized as a civilly responsible person, the person's personal situation, background in the civilian service and the specific circumstances of the assignment will be considered fairly.
1 The competent authority shall decide at first instance on claims for damages, claims for compensation for moral damage and appeals.
2 Have jurisdiction to make decisions within the meaning of para. 1 branch and district branches of the PTT enterprise 1 The Federal Department of Finance is competent in the other cases, as well as the CFF and the Council of EPF.
1 Currently "La Poste suisse".
2 Repealed by c. 105 of the annex to the Law of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
1 The right to apply to the Confederation for compensation for damage or moral damage and the right of the Confederation to request the 1 Damage shall be provided for a period of one year from the day on which the injured person has been informed of the damage and identity of the person responsible, and in any case by five years from the harmful act.
2 If the rights result from a punishable behaviour for which the criminal law provides for a longer limitation period, the limitation period is applicable.
1 Rectified by the drafting committee of the Ass. Fed. (art. 33 LREC; 1974 1051).
1 The right of appeal of the establishment against the Confederation shall be prescribed in accordance with the provisions of civil liability to which the establishment is subject.
2 The right of recourse of the Confederation against the person in service shall be prescribed for a period of one year from the recognition or judicial recognition of the obligation to fix the Confederation.
1 Art. 135 to 138 and 142 of the Code of Obligations 1 Apply by analogy to the interruption and invocation of the prescription.
2 An action is the written request for damages to the Directorates-General and the District Directorates of the PTT enterprise 2 And the CFF, as well as the EPF Board, where these bodies have the status of an assignment institution, and the Federal Department of Finance.
1 If the person in service is of the opinion that the assignment establishment has harmed him, the person may require an interview in the presence of a representative of the executing agency.
2 If the parties cannot agree, the person in service may denounce the assignment establishment to the implementing body. It shall hear the parties without delay and shall take the necessary measures. 1
1 New wording of the sentence as per c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 The appeal authority against decisions of first instance is the Federal Administrative Tribunal.
2 The cantonal authorities which are responsible for the labour market and who are competent as a result of the place may appeal against the recognition decisions taken under Art. 42, to the extent that they invoke an infringement of s. 6.
3 The implementing body may appeal against decisions handed down by third parties under s. 79, para. 2.
1 New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
1 Repealed by c. I of the 3 Oct PMQ. 2008, with effect from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
1 The procedure before the Federal Administrative Court is free, provided that it is not a foolish remedy. The parties do not receive costs.
2 There shall be no suspensive effect of the appeals against summonses to aid in the event of a disaster and emergency or against the transfer decisions of the person who is required to assist in the event of a disaster and Emergency situation (art. 7 A And 23).
3 The implementing body may waive the suspensive effect of appeals against assignments in priority programmes.
4 In addition, the legal remedies are governed by the general provisions of the federal procedure.
1 New content according to the c. I 13 of the Ass O. Fed. 20 Dec. 2006 on the adaptation of legislative acts to disp. The law on TF and TAF, with effect from 1 Er Jan 2007 ( RO 2006 5599 ; FF 2006 7351 ).
The time limit for appeals to the Federal Administrative Tribunal is: 1
1 New content according to the c. 105 of the annex to the Law of 17 June 2005 on the TAF, in force since 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
2 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 If the penalty person intentionally or negligently violates the obligations imposed on him by this Act or his implementing orders, the implementing body may take disciplinary action against him, subject to the Criminal provisions under s. 72 to 78.
2 It may desist from taking disciplinary action when an admonition and warning by the posting establishment are sufficient.
The implementing body may impose the following disciplinary measures:
The implementing body shall lay down the disciplinary penalty on the basis of the misconduct, taking into account the mobile, the background and personal circumstances of the person who is bound, as well as his previous conduct in the framework of the civil service.
1 Disciplinary misconduct and sanctions are prescribed by twelve months.
2 The interruption of the prescription is excluded.
3 However, the limitation period for the prosecution is suspended during judicial proceedings.
1 The implementing body shall open disciplinary proceedings of its own motion or 1 Where the duty station denounces a violation of the obligation of the person on duty. It shall notify it in writing of the opening of the procedure. It may order the immediate termination of the assignment if the interests of the assignment establishment or the needs of the investigation so require.
2 The implementing body shall hear the proceedings within 30 days and terminate it by a decision. 2
1 Rectified by the drafting committee of the Ass. Fed. (art. 33 LREC; 1974 1051).
2 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
1 A person who, for the purpose of refusing the civil service, fails to present himself in order to perform a period of service to which he has been summoned, leaves his assignment establishment without authorization or does not return to him after a justified absence, Be punished with a custodial sentence of up to 18 months or a pecuniary penalty. Where the conviction is accompanied by an exclusion from the civil service under para. 3, a pecuniary penalty or work of general interest shall not be taken into account. 1
2 A person who refuses to perform an extraordinary period of civil service shall be punished by deprivation of liberty or a pecuniary penalty. 2
3 The judge may exclude the offending person from the civil service.
4 Subject to Art. 75, the offending person is not punishable if, because of incapacity for work, she is released from the civil service before term, and if that incapacity for work already existed at the time of refusal to serve.
1 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
2 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
1 A person who, without the purpose of refusing the civilian service, fails to present himself in order to perform a period of service to which he has been summoned, leaves his assignment establishment without authorization or does not return after an absence Justified, will be punished with a pecuniary penalty of 180 days or more. 1
2 A person who fails to attend an extraordinary period of civil service shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty. 2
3 In minor cases, the offending person will be disciplined.
4 If, subsequently, the offending person spontaneously presents himself to perform his or her civilian service, the judge will be able to mitigate the sentence. 3
5 Subject to Art. 75, the offending person is not punishable if, for reasons of incapacity for work, it is released from the civil service before the end of the period, and if that incapacity for work already existed at the time of the insubordination.
1 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
2 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
3 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
1 A person who fails, by negligence, to present himself for a period of service to which he has been summoned, leaves his assignment establishment without authorization or does not return, or not in time, after a justified absence, shall be punished by a Fine. 1
2 If the person neglects by negligence to report to an extraordinary period of civil service, the judge will be able to impose a penalty of up to 90 days. 2
3 In minor cases, the offending person will be disciplined.
4 Subject to Art. 75, the offending person is not punishable if, for reasons of incapacity for work, it has been released before the end of the civil service, and if that incapacity for work already existed at the time of non-submission by negligence.
1 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
2 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
1 The person who, without being guilty of a refusal to serve, of a simple insubordination or of negligence, does not act upon a summons to the civil service, although he may travel, shall be fined. 1
2 In minor cases, the offending person will be disciplined.
1 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
1 Those who repeatedly commit serious disciplinary misconduct will be fined.
2 If the person is seriously lacking in his or her duties during an extraordinary period of civil service, the judge will be able to impose a penalty of up to 90 days.
1 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
1 The Penal Code 1 Shall apply unless otherwise provided by this Law.
2 It is also punishable by a person who commits an offence abroad in relation to s. 72 to 76.
1 The Federal Council may declare offences under the provisions of this Law to be punishable by the fine. 1
2 The criminal prosecution shall be carried out on the denunciation of the implementing body; it shall be the responsibility of the cantons.
1 New content according to the c. 2 of the Annex to LF of 21 March 2003, in force since 1 Er Jan 2007 ( RO 2006 3389 ; FF 1999 1787 ).
1 The Federal Council shall issue the implementing provisions. It may delegate to the implementing body the power to issue, by way of order or regulation, general instructions for the performance of the civil service.
2 The implementing body may delegate certain implementing powers to third parties. They can be compensated for their collaboration.
3 The Federal Council regulates the cooperation between the implementing body and the third parties authorised under para. 2 and establishes the basis for calculating the compensation these third parties receive for their cooperation.
1 The implementing body shall develop and operate an automated information system for the performance of the tasks prescribed by this Law.
1bis It can handle sensitive data about:
1ter He is entitled to systematically use the AVS number referred to in s. 50 C Federal Act of December 20, 1946 on Old Age and Survivor Insurance 3 To perform his or her duties under this Act. 4
1c It may register data concerning convictions, criminal investigations in progress and measures leading to deprivation of liberty, provided that they are necessary to justify a decision on the exclusion of civil service or To assess the suitability of an assignment. 5
2 Can be connected online to the information system: 6
4 The Federal Council rules in particular:
1 Repealed by c. I of the 3 Oct PMQ. 2008, with effect from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
2 Introduced by ch. VII 1 of the LF of 24 March 2000 on the creation and adaptation of legal bases concerning the processing of personal data, in force since 1 Er Seven. 2000 ( RO 2000 1891 ; FF 1999 8381 ).
3 RS 831.10
4 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
5 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
6 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
7 New content according to the c. I of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
8 Repealed by c. I of the PMQ of 21 March 2003, with effect from 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
9 New expression according to c. II al. 1 let. E of the PMQ of 18 March 2005 on the transfer to the CNA of the management of military insurance, in force since 1 Er July 2005 ( RO 2005 2881 ; FF 2004 2659 ).
10 Repealed by c. I of the 3 Oct PMQ. 2008, with effect from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
11 New content according to the c. VII 1 of the LF of 24 March 2000 on the creation and adaptation of legal bases concerning the processing of personal data, in force since 1 Er Seven. 2000 ( RO 2000 1891 ; FF 1999 8381 ).
1 In carrying out its tasks under this Act, the implementing body shall deal with cases:
2 The implementing body may deal with sensitive data referred to in Art. 80, para. 1 Bis , which are contained in the folders.
1 Introduced by ch. VII 1 of the LF of 24 March 2000 on the creation and adaptation of legal bases concerning the processing of personal data ( RO 2000 1891 ; FF 1999 8381 ). New content according to the c. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 (RO 2009 1093; FF 2008 2379).
1 The implementing body shall communicate to the following services the personal data necessary for carrying out the following tasks:
2 The implementing body shall communicate to third parties to whom it has delegated implementing powers within the meaning of s. 79, para. 2, the personal data necessary for them.
3 Third parties, within the framework of their implementing powers, shall communicate to the bodies referred to in para. 1 the personal data they need.
1 Introduced by ch. I of the 3 Oct PMQ. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
2 RS 510.10
3 RS 321.0
1 Repealed by c. II 37 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
2 The periodic penalty payments made before the entry into force of the amendment of 21 March 2003 2 For conscientious objection shall be carried out in respect of the civil service under this Law.
3 The Federal Council regulates how to proceed if the person concerned has exceeded the age limit prescribed by s. 11, para. 2, or was not excluded from the military.
1 Repealed by c. II 37 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
2 RO 2003 4843
1 Repealed by c. II 37 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
Applications for admission filed before the entry into force of the amendment of 3 October 2008 and which have not yet been the subject of a decision entered into force are assessed under the new law.