ABSTRACT

Most of the civil service reforms undertaken in Switzerland since the beginning of the 1990s, whether at the federal, canton, or municipal level, aim to create a flexible modern civil service statute that allows mobility of workers from the private to the public sector and vice versa. The federal State, with the Federal Act of 24 March 2000 on the Personnel of the Confederation, and the cantons that have reformed their civil service law have certainly moved closer to private labour law, but they have not automatically aligned themselves with it. On the one hand, it is now generally accepted that the public law regime is the only one applicable to personnel working for public administrations exercising public power or public service tasks. The private law regime remains limited to certain decentralised entities, mainly those active on the market as private companies. On the other hand, while preserving a personnel management policy that respects the rights of employees and sometimes even innovates, personnel statutes are progressively abandoning historical components, such as disciplinary powers or limitations on dismissals.