Art. 320

1 Except where the law provides otherwise, the individual employment contract is not subject to any specific formal requirement.

2 It is deemed to have been concluded where the employer accepts the performance of work over a certain period in his service which in the circumstances could reasonably be expected only in exchange for salary.

3 Where an employee performs work in good faith for the employer under a contract which is subsequently found to be invalid, both parties must discharge their obligations under the employment relationship as if the contract had been valid until such time as one party terminates the relationship on grounds of the invalidity of the contract.


Division Two: Types of Contractual Relationship

Section One: The Individual Employment Contract

Art. 321

The employee must carry out the contractually assumed tasks in person, unless otherwise required by agreement or the circumstances.


Art. 321a

1 The employee must carry out the work assigned to him with due care and loyally safeguard the employer’s legitimate interests.

2 He must use the employer’s machinery, work tools, technical equipment, installations and vehicles in the appropriate manner and treat them and all materials placed at his disposal for the performance of his work with due care.

3 For the duration of the employment relationship the employee must not perform any paid work for third parties in breach of his duty of loyalty, in particular if such work is in competition with his employer.

4 For the duration of the employment relationship the employee must not exploit or reveal confidential information obtained while in the employer’s service, such as manufacturing or trade secrets; he remains bound by such duty of confidentiality even after the end of the employment relationship to the extent required to safeguard the employer’s legitimate interests.


III. Disclosure and hand-over of benefits received and work produced

Art. 321b

1 The employee is accountable to his employer for everything, and in particular sums of money, he receives from third parties in the performance of his contractual activities and must hand it over to the employer immediately.

2 He must likewise immediately hand over to the employer all work produced in the course of his contractual activities.


Art. 321c

1 If more hours of work are required than envisaged under the employment contract or provided for by custom, standard employment contract or collective employment contract, the employee is obliged to perform such overtime to the extent that he is able and may conscionably be expected to do so.

2 In consultation with the employee, the employer may compensate him within an appropriate period for the overtime worked by granting him time off in lieu of at least equal length.

3 Where the overtime is not compensated by time off in lieu and unless otherwise agreed in writing or under a standard employment contract or collective employment contract, the employer must compensate the employee for the overtime worked by paying him his normal salary and a supplement of at least one-quarter thereof.


V. Compliance with general directives and instructions

Art. 321d

1 The employer is entitled to issue general directives and specific instructions regarding the performance of the work and the conduct of employees in his business or household.

2 The employee must comply in good faith with the employer’s general directives and specific instructions.


Art. 321e

1 The employee is liable for any damage he causes to the employer whether wilfully or by negligence.

2 The extent of the duty of care owed by the employee is determined by the individual employment contract, taking due account of the occupational risk, level of training and technical knowledge associated with the work as well as the employee’s aptitudes and skills of which the employer was or should have been aware.


Art. 322

1 The employer must pay the agreed or customary salary or the salary that is fixed by standard employment contract or collective employment contract.

2 Where the employee lives in the employer’s household, his board and lodgings are part of the salary unless agreement or custom provide otherwise.


Art. 322a

1 Where the employee is by contract entitled to a share in the profits, the turnover or the results of the business expressed in some other manner, such share is calculated on the basis of the results for the financial year as defined by statutory provision and generally recognised commercial principles.

2 The employer must furnish all the necessary information to the employee or, in his stead, to an expert designated by both employer and employee or appointed by the court and must grant the employee or the expert such access to the accounts as is required for verification of the business results.

3 In addition, where a share in the profits of the business has been agreed, a copy of the profit and loss account must be made available to the employee on request.[114](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8202)

[114](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8202) Amended by No I 3 of the FA of 23 Dec. 2011 (Financial Reporting Law), in force since 1 Jan. 2013 ([AS **2012** 6679](eli/oc/2012/810/en);[BBl **2008** 1589](eli/fga/2008/416/en)).


Art. 322b

1 Where the employee is by contract entitled to commission on particular transactions, his entitlement is established as soon as the transaction with the third party enters into force.

2 In the case of transactions involving performance in instalments and insurance policies, it may be agreed in writing that such entitlement arises as each instalment falls due or is performed.

3 The entitlement to commission lapses subsequently if through no fault of his the employer fails to carry out the transaction or the third party fails to fulfil his obligations; in the event of only partial performance, the commission is reduced proportionately.


Art. 322c

1 Where the terms of the contract do not require the employee to draw up a statement of commission due to him, on each date on which commission falls due, the employer must provide him with a written statement including a breakdown of the transactions on which it is payable.

2 The employer must furnish all the necessary information to the employee or, in his stead, to an expert designated by both employer and employee or appointed by the court, and must grant the employee or the expert such access to the books of account or supporting documents as is required for verification of the commission statement.


Art. 322d

1 Where the employer pays a bonus over and above the salary on particular occasions, such as at Christmas or the end of the financial year, the employee is entitled to such bonus where it is contractually stipulated.

2 If the employment relationship ends prior to the occasion on which the bonus is paid, the employee is entitled to a pro rata bonus where the contract so provides.


Art. 323

1 Unless shorter periods or other payment terms have been agreed or are customary and unless otherwise provided by standard employment contract or collective employment contract, the salary is paid to the employee at the end of each month.

2 Unless a shorter payment period has been agreed or is customary, commission is paid at the end of each month; however, where execution of a transaction takes more than half a year, the due date of the commission payable on it may be deferred by written agreement.

3 Shares in business results are payable as soon as the results are determined, but not later than six months after the end of the financial year.

4 If an employee is in hardship and requests an advance against salary due for work already performed, the employer must advance such sum as may reasonably be expected of him.


Art. 323a

1 To the extent provided for by individual agreement, custom, standard employment contract or collective employment contract, the employer may withhold part of the salary.

2 The amount withheld on any given payment date must not exceed one-tenth of the salary due and the cumulative amount withheld must not exceed the salary due for one week’s work; however, a higher amount may be withheld under the terms of a standard employment contract or collective employment contract.

3 Unless otherwise provided by individual agreement, custom, standard employment contract or collective employment contract, the salary withheld is deemed to be security for the employer’s claims arising from the employment relationship rather than a contractual penalty.


Art. 323b

1 Unless otherwise provided by agreement or custom, the salary must be paid to the employee in legal tender during working hours; a written salary statement must be provided to the employee.

2 Where the employer holds claims against the employee, he may set them off against the employee’s salary claim only to the extent that such salary claim is subject to attachment, although claims for compensation of intentional damage may be set off without restriction.

3 Any agreement whereby the salary must be used for the employer’s benefit is void.


III. Salary in the event work is not possible

1. Failure by employer to accept performance

Art. 324

1 Where the employer is at fault in preventing performance of the work or fails to accept its performance for other reasons, he remains obliged to pay the salary but the employee is not obliged to make up the time thus lost.

2 The salary payable in this event is reduced by any amounts that the employee saved as a result of being prevented from working or that he earned by performing other work or would have earned had he not intentionally foregone such work.


Art. 324a

1 Where the employee is prevented from working by personal circumstances for which he is not at fault, such as illness, accident, legal obligations or public duties, the employer must pay him his salary for a limited time, including fair compensation for lost benefits in kind, provided the employment relationship has lasted or was concluded for longer than three months.

2 Subject to longer periods being fixed by individual agreement, standard employment contract or collective employment contract, the employer must pay three weeks’ salary during the first year of service and thereafter the salary for appropriately longer periods depending on the duration of the employment relationship and the particular circumstances.

3 The employer has the same obligation in the event that an employee becomes pregnant.[115](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8354)

4 A written agreement, standard employment contract or collective employment contract may derogate from the above provisions provided it gives the employee terms of at least equivalent benefit.

[115](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8354) Amended by Annex No 1 to the FA of 3 Oct. 2003, in force since 1 July 2005 ([AS **2005** 1429](eli/oc/2005/217/en);[BBl **2002** 7522](eli/fga/2002/1197/en), [**2003** 1112 ](eli/fga/2003/169/en)[2923](eli/fga/2003/381/en)).


Art. 324b

1 If the employee has compulsory insurance prescribed by law against the financial consequences of being prevented from working by personal circumstances for which he is not at fault, the employer is not obliged to pay his salary where the insurance benefits for that limited period cover at least four-fifths of the salary income lost over that period.

2 Where the insurance benefits are less, the employer must pay the difference between them and four-fifths of the salary.

3 Where the insurance benefits are paid only after a waiting period, the employer must pay at least four-fifths of the salary during that period.[116](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8396)

[116](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8396) Inserted by Annex No 12 to the FA of 20 March 1981 on Accident Insurance, in force since 1 Jan. 1984 ([AS **1982** 1676 ](eli/oc/1982/1676%5F1676%5F1676/en)[1724 ](eli/oc/1982/1724%5F1724%5F1724/en)Art. 1 para. 1;[BBl **1976** III 141](eli/fga/1976/3%5F141%5F143%5F155/en)).


IV. Assignment and pledge of salary claims

Art. 325117

1 The employee may assign or pledge his future salary claims as security for maintenance or support obligations under family law only to the extent that such claims are subject to attachment; at the request of an interested party the debt collection office at the employee’s domicile determines the amount that is not subject to attachment in accordance with Article 93 of the Federal Act of 11 April 1889[118](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8446) on Debt Collection and Bankruptcy.

2 Any assignment or pledge of future salary claims as security for other obligations is void.

[117](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8420) Amended by No I of the FA of 14 Dec. 1990, in force since 1 July 1991 ([AS **1991** 974](eli/oc/1991/974%5F974%5F974/en);[BBl **1989** III 1233](eli/fga/1989/3%5F1233%5F%5F/en), [**1990** I 120](eli/fga/1990/1%5F120%5F108%5F103/en)).

[118](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8446) [SR **281.1**](eli/cc/11/529%5F488%5F529/en)


Art. 326

1 Where by contract the employee carries out piece work for a single employer, the latter must allocate a sufficient quantity of work to him.

2 The employer may allocate time work to the employee where through no fault of his own the employer is unable to allocate piece work as contractually agreed or where time work is temporarily required for operational reasons.

3 If the rate of pay for such time work is not fixed by individual agreement, standard employment contract or collective employment contract, the employer must pay the employee the average salary he previously earned on a piece work basis.

4 An employer who is unable to allocate sufficient piece work or time work remains nonetheless obliged pursuant to the provisions governing failure to accept performance to pay the salary that he would have paid for time work.


Art. 326a

1 Where by contract the employee carries out piece work, the employer must inform him of the applicable rate of pay before the start of each task.

2 Should the employer fail to give such information, he must pay the going rate for identical or comparable work.


Art. 327

1 Unless otherwise provided by agreement or custom, the employer provides the employee with the tools and materials that the work requires.

2 Where the employee himself supplies such tools or materials with the employer’s consent, he is entitled to appropriate compensation unless otherwise provided by agreement or custom.


Art. 327a

1 The employer must reimburse the employee for all expenses necessarily incurred in the performance of the work and, in the case of work done off the employer’s premises, for his necessary living expenses.

2 An individual agreement, standard employment contract or collective employment contract may provide that such expenses be reimbursed in the form of a fixed sum, such as a per diem or a weekly or monthly allowance, provided that this covers all necessary expenses.

3 Any agreement whereby the employee must bear all or part of such necessary expenses is void.


Art. 327b

1 Where with the employer’s consent the employee uses his own motor vehicle or a vehicle supplied by the employer for business purposes, he is entitled to reimbursement of the normal running and maintenance costs incurred in the performance of his work.

2 Where with the employer’s consent the employee uses his own motor vehicle for work purposes, the employee is also entitled to reimbursement of the tax on the vehicle and the premiums for third-party liability insurance as well as appropriate compensation for wear and tear, to the extent that the vehicle is used for business purposes.

3 ...[119](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8544)

[119](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8544) Repealed by No 12 of the Annex to the FA of 20 March 1981 on Accident Insurance, with effect from 1 Jan. 1984 ([AS **1982** 1676 ](eli/oc/1982/1676%5F1676%5F1676/en)[1724 ](eli/oc/1982/1724%5F1724%5F1724/en)Art. 1 para. 1;[BBl **1976** III 141](eli/fga/1976/3%5F141%5F143%5F155/en)).


Art. 327c

1 Expenses are reimbursed when the salary is paid based on the statement of expenses submitted by the employee, unless a shorter period has been agreed or is customary.

2 Where an employee regularly incurs expenses in the performance of his contractual obligations, the employer must pay him an advance against such expenses at regular intervals but not less frequently than every month.


VII. Protection of the employee’s personality rights

Art. 328

1 Within the employment relationship, the employer must acknowledge and safeguard the employee’s personality rights, have due regard for his health and ensure that proper moral standards are maintained. In particular, he must ensure that employees are not sexually harassed and that any victim of sexual harassment suffers no further adverse consequences.[120](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8588)

2 In order to safeguard the personal safety, health and integrity of his employees he must take all measures that are shown by experience to be necessary, that are feasible using the latest technology and that are appropriate to the particular circumstances of the workplace or the household, provided such measures may reasonably be expected of him in the light of each specific employment relationship and the nature of the work.[121](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8607) [122](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8619)

[120](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8588) Sentence inserted by Annex No 3 to the FA of 24 March 1995 on Gender Equality, in force since 1 July 1996 ([AS **1996** 1498](eli/oc/1996/1498%5F1498%5F1498/en);[BBl **1993** I 1248](eli/fga/1993/1%5F1248%5F1163%5F987/en)).

[121](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8607) Revised by the Federal Assembly Drafting Committee (Art. 33 ParlPA;[AS **1974** 1051](eli/oc/1974/1051%5F1051%5F1051/en)).

[122](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8619) Amended by Annex No 3 to the FA of 24 March 1995 on Gender Equality, in force since 1 July 1996 ([AS **1996** 1498](eli/oc/1996/1498%5F1498%5F1498/en);[BBl **1993** I 1248](eli/fga/1993/1%5F1248%5F1163%5F987/en)).


Art. 328a

1 Where the employee lives in the employer’s household, the employer must provide adequate board and appropriate lodgings.

2 If the employee is prevented from working through no fault of his own by sickness or accident, the employer must provide care and medical assistance for a limited period, this being three weeks within the first year of service and thereafter for appropriately longer periods depending on the duration of the employment relationship and the particular circumstances.

3 The employer has the same obligations in the event that an employee is pregnant or gives birth.


Art. 328b123

The employer may handle data concerning the employee only to the extent that such data concern the employee’s suitability for his job or are necessary for the performance of the employment contract. In all other respects, the provisions of the Data Protection Act of 25 September 2020[124](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8681) apply.[125](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8690)

[123](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8661) Inserted by Annex No 2 to the FA of 19 June 1992 on Data Protection, in force since 1 July 1993 ([AS **1993** 1945](eli/oc/1993/1945%5F1945%5F1945/en);[BBl **1988** II 413](eli/fga/1988/2%5F413%5F421%5F353/en)).

[124](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8681) [SR **235.1**](eli/cc/2022/491/en)

[125](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8690) Second sentence amended by Annex 1 No II 18 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 ([AS **2022** 491](eli/oc/2022/491/en);[BBl **2017** 6941](eli/fga/2017/2057/en)).


VIII. Days off work, holidays, and leave

Art. 329

1 The employer must allow the employee one day off per week, generally Sunday or, where circumstances do not permit this, a full weekday instead.

2 In special circumstances, he may allow the employee several days off together or two half-days instead of one full day, provided the employee consents to this.

3 In addition, he must allow the employee the customary hours and days off work and, once notice has been given to terminate the employment relationship, the time required to seek other employment.

4 When determining time off work, due account is to be taken of the interests of both employer and employee.


Art. 329a

1 The employer must allow the employee during each year of service at least four weeks’ holiday and five weeks’ holiday for employees under the age of 20.[127](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8757)

2 ...[128](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8776)

3 Where an employee has not yet completed one year’s service, his holiday entitlement is fixed pro rata.

[127](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8757) Amended by No I of the FA of 16 Dec. 1983, in force since 1 July 1984 ([AS **1984** 580](eli/oc/1984/580%5F580%5F580/en);[BBl **1982** III 201](eli/fga/1982/3%5F201%5F177%5F161/en)).

[128](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8776) Repealed by No I of the FA of 16 Dec. 1983, with effect from 1 July 1984 ([AS **1984** 580](eli/oc/1984/580%5F580%5F580/en);[BBl **1982** III 201](eli/fga/1982/3%5F201%5F177%5F161/en)).


Art. 329b

1 Where in a given year of service the employee through his own fault is prevented from working for more than a month in total, the employer may reduce his holiday entitlement by one-twelfth for each full month of absence.[129](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8806)

2 Where the total absence does not exceed one month in a given year of service and is the result of personal circumstances for which the employee is not at fault, such as illness, accident, legal obligations, public duties or leave for youth work, the employer is not entitled to reduce his holiday entitlement.[130](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8830)

3 The employer may not reduce the holiday entitlement of:

a.

 a female employee who is prevented from working by pregnancy for up to two months;

b.

 a female employee who has taken maternity leave in accordance with Article 329_f_;

 c.[131](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8862)

 a male employee who has taken paternity leave in accordance with Article 329_g_;

d.

 an employee who has taken carer’s leave in accordance with Article 329_i_,

 e.[132](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8894)

 an employeewho has taken adoption leave in accordance with Article 329_j_.[133](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8921)

4 A standard employment contract or collective employment contract may derogate from paragraphs 2 and 3 provided that, taken as a whole, it gives employees terms of at least equal benefit.[134](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8939)

[129](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8806) Amended by Art. 117 of the FA of 25 June 1982 on Unemployment Insurance, in force since 1 Jan. 1984 ([AS **1982** 2184](eli/oc/1982/2184%5F2184%5F2184/en), [**1983** 1204](eli/oc/1983/1204%5F1204%5F1204/en);[BBl **1980** III 489](eli/fga/1980/3%5F489%5F485%5F469/en)).

[130](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8830) Amended by Art. 13 of the FA of 6 Oct. 1989 on Youth Work, in force since 1 Jan. 1991 ([AS **1990** 2007](eli/oc/1990/2007%5F2007%5F2007/en);[BBl **1988** I 825](eli/fga/1988/1%5F825%5F777%5F641/en)).

[131](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8862) Amended by Annex No 1 of the FA of 1 Oct. 2021, in force since 1 Jan. 2023 ([AS **2022** 468](eli/oc/2022/468/en);[BBl **2019** 7095](eli/fga/2019/2553/en),[7303](eli/fga/2019/2640/en)).

[132](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8894) Amended by Annex No 1 of the FA of 1 Oct. 2021, in force since 1 Jan. 2023 ([AS **2022** 468](eli/oc/2022/468/en);[BBl **2019** 7095](eli/fga/2019/2553/en),[7303](eli/fga/2019/2640/en)).

[133](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8921) Amended by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Work and Caring for Family Members, in force since 1 July 2021 ([AS **2020** 4525](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).

[134](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8939) Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1984 ([AS **1984** 580](eli/oc/1984/580%5F580%5F580/en);[BBl **1982** III 201](eli/fga/1982/3%5F201%5F177%5F161/en)).


Art. 329c

1 The holiday entitlement for a given year of service is generally granted during that year; at least two weeks of holiday must be taken consecutively.[135](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e8966)

2 The employer determines the timing of holidays taking due account of the employee’s wishes to the extent these are compatible with the interests of the business or household.

[135](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8966) Amended by No I of the FA of 16 Dec. 1983, in force since 1 July 1984 ([AS **1984** 580](eli/oc/1984/580%5F580%5F580/en);[BBl **1982** III 201](eli/fga/1982/3%5F201%5F177%5F161/en)).


Art. 329d

1 The employer must pay the employee the full salary due for the holiday entitlement and fair compensation for any lost benefits in kind.

2 During the employment relationship, the holiday entitlement may not be replaced by monetary payments or other benefits.

3 If while on holiday, the employee carries out paid work for a third party which harms the employer’s legitimate interests, the employer may refuse to pay the salary due for the holidays concerned and may reclaim any salary already paid.


Art. 329e136

1 During each year of service the employer must grant employees under the age of 30 leave of up to one working week for the purpose of carrying out unpaid leadership, care or advisory activities in connection with extracurricular youth work for cultural or social organisations and for related initial and ongoing training.

2 The employee has no salary entitlement during such leave for youth work. An individual agreement, standard employment contract or collective employment contract may provide otherwise to the employee’s benefit.

3 The employer and employee should agree on the timing and duration of leave for youth work, having due regard for each other’s interests. Where they cannot reach agreement, such leave must be granted on condition that the employee gives two months’ advance notice of his intention to exercise his right. Any leave for youth work not taken by the end of the calendar year is forfeited.

4 At the employer’s request, the employee must furnish proof of the activities and functions he has carried out in relation to youth work.

[136](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9008) Inserted by Art. 13 of the FA of 6 Oct. 1989 on Youth Work, in force since 1 Jan. 1991 ([AS **1990** 2007](eli/oc/1990/2007%5F2007%5F2007/en);[BBl **1988** I 825](eli/fga/1988/1%5F825%5F777%5F641/en)).


Art. 329f137

1 After having given birth, a female employee is entitled to maternity leave of at least 14 weeks.

2 In the event of the hospitalisation of the new-born child, the maternity leave shall be extended by the extended period of payment of the maternity allowance.[138](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9074)

[137](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9044) Inserted by Annex No 1 to the FA of 3 Oct. 2003, in force since 1 July 2005 ([AS **2005** 1429](eli/oc/2005/217/en);[BBl **2002** 7522](eli/fga/2002/1197/en), [**2003** 1112 ](eli/fga/2003/169/en)[2923](eli/fga/2003/381/en)).

[138](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9074) Inserted by No II of the FA of 18 Dec. 2020, in force since 1 July 2021 ([AS **2021** 288](eli/oc/2021/288/en);[BBl **2019** 141](eli/fga/2019/9/en)).


Art. 329g139

1 An employee who is legally the father at the time of the birth of a child or who becomes the legal father within the following six months is entitled to paternity leave of two weeks.

2 Paternity leave must be taken within six months of the birth of the child.

3 It may be taken in full weeks or on a day-to-day basis.

[139](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9095) Inserted by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Employment and Caring for Family Members, in force since 1 Jan. 2021 ([AS **2020** 4525](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).


Art. 329h140

An employee is entitled to paid leave for the time he or she spends caring for a family member or life partner with health problems; however, the leave is limited to no more than three days per event and no more than ten days per year.

[140](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9127) Inserted by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Employment and Caring for Family Members, in force since 1 Jan. 2021 ([AS **2020** 4525](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).


7. Leave to care for a child whose health is seriously impaired by illness or accident

Art. 329i141

1 If an employee is entitled to carer’s allowance under Articles 16_n_–16_s_ of the Loss of Earning Compensation Act (LECA) of 25 September 1952[142](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9179) because his or her child’s health has been seriously impaired by illness or accident, he or she is entitled to carer’s leave of a maximum of 14 weeks.

2 The carer’s leave must be taken within a period of 18 months. The period begins on the day for which the first daily allowance is claimed.

3 If both parents are in employment, each parent is entitled to carer’s leave of a maximum of seven weeks. They may choose to apportion the leave in a different way.

4 The leave may be taken in one stretch or on a day-to-day basis.

5 The employer must be informed immediately about the arrangements made for taking the leave and about any changes to these arrangements.

[141](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9152) Inserted by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Work and Caring for Family Members, in force since 1 July 2021 ([AS **2020** 4525](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).

[142](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9179) [SR **834.1**](eli/cc/1952/1021%5F1046%5F1050/en)


Art. 329j143

1 If an employee adopts a child, he or she shall be entitled to adoption leave of two weeks provided the requirements of Article 16_t_ LECA[144](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9231) are met.

2 The adoption leave must be taken within one year of adopting the child.

3 It may be taken by one parent or shared between both parents. Both parents may not take their share of leave at the same time.

4 It may be taken in full weeks or on a day-to-day basis.

[143](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9206) Inserted by Annex No 1 of the FA of 1 Oct. 2021, in force since 1 Jan. 2023 ([AS **2022** 468](eli/oc/2022/468/en);[BBl **2019** 7095](eli/fga/2019/2553/en),[7303](eli/fga/2019/2640/en)).

[144](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9231) [SR **834.1**](eli/cc/1952/1021%5F1046%5F1050/en)


Art. 330

1 Where the employee furnishes security for performance of his obligations under the employment contract, the employer must keep it separate from his own assets and guarantee its safekeeping.

2 The employer returns such security at the latest at the end of the employment relationship unless the date of its return has been deferred by written agreement.

3 Where the employer asserts claims arising from the employment relationship and these are contested, he may retain the security until they are resolved but must at the employee’s request deposit any retained security with the court.

4 In the event of the employer’s bankruptcy, the employee may demand the return of the security kept separate from the employer’s own assets, subject to any claims of the latter arising from the employment relationship.


Art. 330a

1 The employee may at any time request from the employer a reference concerning the nature and the duration of the employment relationship, the quality of his work and his conduct.

2 At the employee’s express request the reference must be limited to the nature and duration of the employment relationship.


Art. 330b145

1 Where the employment contract has been concluded for an indefinite duration or for longer than one month, within one month of the beginning of the employment relationship, the employer must inform the employee in writing of:

a.

the names of the contracting parties;

b.

 the date of the beginning of the employment relationship;

c.

the employee’s function;

d.

the salary and any additional benefits;

e.

the length of the working week.

2 In the event of changes to the contractual elements that are subject to the duty of information pursuant to paragraph 1 during the employment relationship, the employee must be informed of such changes in writing within one month of their entry into force.

[145](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9290) Inserted by Art. 2 No 2 of the FA of 17 Dec. 2004 approving and implementing the Protocol relating to the extension of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons to new EU member states and approving the revision of the accompanying measures on the free movement of persons, in force since 1 April 2006 ([AS **2006** 979](eli/oc/2006/178/en);[BBl **2004** 5891 ](eli/fga/2004/1081/en)[6565](eli/fga/2004/1105/en)).


Art. 331

1 Where the employer contributes to a employee benefits scheme[147](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9363) or the employees make their own contributions, the employer must transfer these contributions to a foundation, a cooperative or a public law institution.

2 Where the employer’s contributions and any made by the employee are used to take out health insurance, personal accident insurance, life assurance, disability insurance or whole life assurance in favour of the employee with a regulated insurance company or a recognised health insurance fund, the employer is not obliged to transfer the contributions as stipulated in the previous paragraph if an independent claim against the insurer would accrue to the employee on the occurrence of the event insured against.

3 Where the employee is obliged to make contributions to a benefits scheme, the employer must simultaneously contribute an amount at least equal to the total contributions of all his employees; he must finance his contributions from his own funds or from contribution reserves held by the fund which have previously been accumulated by the employer for this purpose and are shown separately in the fund’s accounts. The employer must transfer the contribution deducted from the employee’s salary together with his own contribution to the benefits scheme not later than at the end of the first month following the calendar year or insurance year for which the contributions are due.[148](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9386)

4 The employer must furnish the employee with the necessary information regarding his rights and entitlements against a benefits scheme or an insurer.[149](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9407)

5 At the request of the central office for ‘Pillar 2’ (occupational pension) insurance, the employer must supply any information available to him that might facilitate the location of persons entitled to dormant assets or of the institutions that manage such assets.[150](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9426)

[147](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9363) Term in accordance with Annex No 2 of the Vested Benefits Act of 17 Dec. 1993, in force since 1 Jan. 1995 ([AS **1994** 2386](eli/oc/1994/2386%5F2386%5F2386/en);[BBl **1992** III 533](eli/fga/1992/3%5F533%5F529%5F477/en)).

[148](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9386) Amended by Annex No 2 to the FA of 3 Oct. 2003 (OPA Revision I), in force since 1 Jan. 2005 ([AS **2004** 1677 ](eli/oc/2004/207/en)_1700_;[BBl **2000** 2637](eli/fga/2000/555/en)).

[149](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9407) Amended by Annex No 2 to the FA of 17 Dec. 1993 on the Vesting of Occupational Old Age, Survivors' and Invalidity Benefits, in force since 1 Jan. 1995 ([AS **1994** 2386](eli/oc/1994/2386%5F2386%5F2386/en);[BBl **1992** III 533](eli/fga/1992/3%5F533%5F529%5F477/en)).

[150](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9426) Inserted by No II 2 of the FA of 18 Dec. 1998, in force since 1 May 1999 ([AS **1999** 1384](eli/oc/1999/199/en);[BBl **1998** V 5569](eli/fga/1998/5%5F5569%5F%5F/en)).


II. Beginning and end of insurance cover

Art. 331a151

1 Benefits cover commences on the date on which the employment relationship begins and ends on the date on which the employee leaves the benefits scheme.

2 However, he continues to enjoy life assurance and invalidity cover until he joins a new occupational benefits scheme, subject to a maximum period of one month.

3 The benefits scheme may require the insured to pay premiums for pension insurance maintained after the end of the occupational benefits

[151](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9447) Amended by Annex No 2 to the FA of 17 Dec. 1993 on the Vesting of Occupational Old Age, Survivors' and Invalidity Benefits, in force since 1 Jan. 1995 ([AS **1994** 2386](eli/oc/1994/2386%5F2386%5F2386/en);[BBl **1992** III 533](eli/fga/1992/3%5F533%5F529%5F477/en)).


Art. 331b152

Claims for future benefits may not be validly assigned or pledged before they fall due.

[152](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9480) Amended by Annex No 2 to the FA of 17 Dec. 1993 on the Vesting of Occupational Old Age, Survivors' and Invalidity Benefits, in force since 1 Jan. 1995 ([AS **1994** 2386](eli/oc/1994/2386%5F2386%5F2386/en);[BBl **1992** III 533](eli/fga/1992/3%5F533%5F529%5F477/en)).


Art. 331c153

Occupational benefits schemes may make reservations on medical grounds in relation to invalidity and life policies. Such reservations may be made for a maximum of five years.

[153](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9506) Amended by Annex No 2 to the FA of 17 Dec. 1993 on the Vesting of Occupational Old Age, Survivors' and Invalidity Benefits, in force since 1 Jan. 1995 ([AS **1994** 2386](eli/oc/1994/2386%5F2386%5F2386/en);[BBl **1992** III 533](eli/fga/1992/3%5F533%5F529%5F477/en)).


Art. 331d154

1 At any time up to three years before becoming entitled to draw retirement benefits, the employee may pledge his entitlement to occupational benefits or an amount up to the limit of his transferable benefits for the purpose of acquiring a property for his own personal use.

2 The pledge is also permitted for the purpose of acquiring shares in a housing cooperative or similar participatory venture provided a residential unit jointly financed in this manner is for the employee’s own personal use.

3 The pledge is valid only if notified in writing to the benefits scheme.

4 The amount pledged by employees aged 50 or older must not exceed the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time the pledge is given.

5 Married employees may pledge benefits only with the written consent of their spouse. Where the employee cannot obtain such consent or if it is withheld, the employee may apply to the civil courts.[155](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9567) The same applies to registered partnerships.[156](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9583)

6 Where the pledge is realised before the benefits fall due or the cash payment is made, Articles 30_d_, 30_e_, 30_g_ and Article 83_a_ of the Federal Act of 25 June 1982[157](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9609) on Occupational Old Age, Survivors' and Invalidity Pension Provision are applicable.[158](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9619)

7 The Federal Council determines:

a.

 the purposes for which the pledge is permissible and the definition of ‘own personal use’;

b.

 the conditions to be fulfilled for the pledging of entitlements to acquire shares in a housing cooperative or similar participatory venture.

[154](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9534) Inserted by No II of the FA of 17 Dec. 1993 on the Promotion of Home Ownership using Occupational Pension Benefits, in force since 1 Jan. 1995 ([AS **1994** 2372](eli/oc/1994/2372%5F2372%5F2372/en);[BBl **1992** VI 237](eli/fga/1992/6%5F237%5F229%5F209/en)).

[155](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9567) Second sentence amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).

[156](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9583) Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS **2005** 5685](eli/oc/2005/782/en);[BBl **2003** 1288](eli/fga/2003/194/en)).

[157](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9609) [SR **831.40**](eli/cc/1983/797%5F797%5F797/en)

[158](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9619) Amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).


Art. 331e159

1 At any time up to three years before becoming entitled to draw retirement benefits, the employee may claim an amount from his benefits scheme for the purpose of acquiring a property for his own personal use.

2 Employees under the age of 50 may withdraw an amount up to the limit of their transferable benefits. Employees aged 50 or older are entitled to withdraw no more than the transferable benefit entitlement they would have had at 50 or one-half of their transferable benefit entitlement at the time of the early withdrawal.

3 The employee may also use such amount for the purpose of acquiring shares in a housing cooperative or similar participatory venture provided a residential unit jointly financed in this manner is for the employee’s own personal use.

4 The early withdrawal brings about an immediate reduction in occupational benefit entitlements in accordance with the benefits scheme regulations and the actuarial basis employed by the benefits scheme. In order to avoid a shortfall in benefits cover resulting from this reduction in benefits in the event of death or disability, the benefits scheme offers supplementary insurance either directly or as broker for a third-party insurer.

5 Married employees may make such an early withdrawal and any subsequent establishment of a charge on immovable property only with the written consent of their spouse. Where the employee cannot obtain such consent or if it is withheld, the employee may apply to the civil courts. The same applies to registered partnerships.[160](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9684)

6 Where married persons divorce before the benefits fall due, the early withdrawal is deemed a transferable benefit and is divided in accordance with Article 123 of the Civil Code[161](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9702), Articles 280 and 281 CPO[162](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9711) and Articles 22–22_b_ of the Vested Benefits Act of 17 December 1993[163](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9722). The same applies in the event of judicial dissolution of a registered partnership.[164](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9731)

7 If the early withdrawal or pledge of entitlements jeopardises the liquidity of the benefits scheme, the fund may defer execution of the requests concerned. The benefits scheme must lay down in its regulations the order of priority in which early withdrawals or pledges of entitlements will be deferred in such an event. The Federal Council regulates the details.

8 In other respects Articles 30_d_, 30_e_, 30_g_ and Article 83_a_ of the Federal Act of 25 June 1982[165](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9760) on Occupational Old Age, Survivors' and Invalidity Pension Provision are applicable.[166](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9770)

[159](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9651) Inserted by No II of the FA of 17 Dec. 1993 on the Promotion of Home Ownership using Occupational Pension Benefits, in force since 1 Jan. 1995 ([AS **1994** 2372](eli/oc/1994/2372%5F2372%5F2372/en);[BBl **1992** VI 237](eli/fga/1992/6%5F237%5F229%5F209/en)).

[160](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9684) Amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).

[161](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9702) [SR **210**](eli/cc/24/233%5F245%5F233/en)

[162](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9711) [SR **272**](eli/cc/2010/262/en)

[163](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9722) [SR **831.42**](eli/cc/1994/2386%5F2386%5F2386/en)

[164](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9731) Amended by Annex 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).

[165](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9760) [SR **831.40**](eli/cc/1983/797%5F797%5F797/en)

[166](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9770) Amended by Annex No 1 of the FA of 19 June 2015 (Pension Equality on Divorce), in force since 1 Jan. 2017 ([AS **2016** 2313](eli/oc/2016/379/en);[BBl **2013** 4887](eli/fga/2013/942/en)).


3. Restrictions if the benefits scheme has a cover deficit

Art. 331f167

1 The benefits scheme may provide in its regulations that the pledges of assignments, early withdrawals and repayments may be subject to time or volume restrictions or even refused while the fund has a cover deficit.

2 The Federal Council determines the conditions under which the restrictions stipulated in paragraph 1 are permissible and the scope thereof.

[167](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9792) Inserted by Annex No 2 to the FA of 18 June 2004, in force since 1 Jan. 2005 ([AS **2004** 4635](eli/oc/2004/711/en);[BBl **2003** 6399](eli/fga/2003/1054/en)).


Art. 332168

1 Inventions and designs produced by the employee alone or in collaboration with others in the course of his work for the employer and in performance of his contractual obligations belong to the employer, whether or not they may be protected.

2 By written agreement, the employer may reserve the right to acquire inventions and designs produced by the employee in the course of his work for the employer but not in performance of his contractual obligations.

3 An employee who produces an invention or design covered by paragraph 2 must notify the employer thereof in writing; the employer must inform the employee within six months if he wishes to acquire the invention or design or release it to the employee.

4 Where it is not released to the employee, the employer must pay him separate, appropriate remuneration to be determined with due regard to all pertinent circumstances and in particular the economic value of the invention or design, the degree to which the employer contributed, any reliance on other staff and on the employer’s facilities, the expenses incurred by the employee and his position in the company.

[168](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9820) Amended by Annex No II to the FA of 5 Oct. 2001 on the Protection of Designs, in force since 1 July 2002 ([AS **2002** 1456](eli/oc/2002/226/en);[BBl **2000** 2729](eli/fga/2000/557/en)).


Art. 332a169

[169](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9853) Repealed by Annex No II to the FA of 5 Oct. 2001 on the Protection of Designs, with effect from 1 July 2002 ([AS **2002** 1456](eli/oc/2002/226/en);[BBl **2000** 2729](eli/fga/2000/557/en)).


Art. 333

1 Where the employer transfers the company or a part thereof to a third party, the employment relationship and all attendant rights and obligations pass to the acquirer as of the day of the transfer, unless the employee refuses such transfer.[171](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9900)

1bis Where the transferred relationship is governed by a collective employment contract, the acquirer is obliged to abide by it for one year unless it expires or is terminated sooner.[172](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e9920)

2 In the event that the employee refuses the transfer, the employment relationship ends on expiry of the statutory notice period; until then, the acquirer and the employee are obliged to perform the contract.

3 The former employer and the acquirer are jointly and severally liable for any claims of an employee which fell due prior to the transfer or which fall due between that juncture and the date on which the employment relationship could normally be terminated or is terminated following refusal of the transfer.

4 Moreover, the employer may not transfer the rights arising from an employment relationship to a third party unless otherwise agreed or dictated by the circumstances.

[171](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9900) Amended by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).

[172](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9920) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).


2. Consultation of employees’ organisation

Art. 333a173

1 Where the employer transfers the company or a part thereof to a third party, he must inform the organisation that represents the employees or, where there is none, the employees themselves in good time before the transfer takes place of:

a.

the reason for the transfer;

b.

 its legal, economic and social consequences for the employees.

2 Where measures affecting the employees are envisaged as a result of such transfer, the organisation that represents the employees or, where there is none, the employees themselves must be consulted in good time before the relevant decisions are taken.

[173](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9952) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).


3. Transfer of the company on insolvency

Art. 333b174

If the company or part thereof is transferred during a debt restructuring moratorium, in the course of bankruptcy proceedings or under a composition agreement with assignment of assets, the employment relationship with all rights and obligations is transferred to the acquirer if this has been agreed with the acquirer and the employee does not object to the transfer. In addition, Article 333, with the exception of its paragraph 3, and 333_a_ apply_mutatis mutandis_.

[174](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9989) Inserted by the Annex to the FA of 21 June 2013, in force since 1 Jan. 2014 ([AS **2013** 4111](eli/oc/2013/757/en);[BBl **2010** 6455](eli/fga/2010/1144/en)).


Art. 334175

1 A fixed-term employment relationship ends without notice.

2 A fixed-term employment relationship tacitly extended beyond the agreed duration is deemed to be an open-ended employment relationship.

3 After ten years, any employment relationship contracted for a longer duration may be terminated by either party by giving six months’ notice expiring at the end of a month.

[175](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10020) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


Art. 335176

1 An employment relationship for an unlimited period may be terminated by either party.

2 The party giving notice of termination must state his reasons in writing if the other party so requests.

[176](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10054) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


Art. 335a177

1 Notice periods must be the same for both parties; where an agreement provides for different notice periods, the longer period is applicable to both parties.

2 However, where the employer has given notice to terminate the employment relationship or expressed an intention to do so for economic reasons, the employee may be permitted a shorter notice period by individual agreement, standard employment contract or collective employment contract.

[177](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10086) Inserted by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


Art. 335b178

1 During the probation period, either party may terminate the contract at any time by giving seven days’ notice; the probation period is considered to be the first month of an employment relationship.

2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months.

3 Where the period that would normally constitute the probation period is interrupted by illness, accident or performance of a non-voluntary legal obligation, the probation period is extended accordingly.

[178](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10116) Inserted by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


Art. 335c179

1 The employment relationship may be terminated at one month’s notice during the first year of service, at two months’ notice in the second to ninth years of service and at three months’ notice thereafter, all such notice to expire at the end of a calendar month.

2 These notice periods may be varied by written individual, standard or collective employment contract; however, they may be reduced to less than one month only by collective employment contract and only for the first year of service.

3 If the employer terminates the employment relationship and if the employee is entitled to paternity leave in accordance with Article 329_g_ before the end of the employment relationship, the period of notice of termination shall be extended by the number of days of paternity leave not yet taken.[180](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10178)

[179](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10149) Inserted by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).

[180](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10178) Inserted by Annex No 1 of the FA of 27 Sept. 2019, in force since 1 Jan. 2021 ([AS **2020** 4689](eli/oc/2020/844/en);[BBl **2019** 3405 ](eli/fga/2019/1215/en)[3851](eli/fga/2019/1398/en)).


Art. 335d181

Mass redundancies are notices of termination given by the employer to employees of a business within 30 days of each other for reasons not pertaining personally to the employees and which affect:

1.

 at least 10 employees in a business normally employing more than 20 and fewer than 100 employees;

2.

 at least 10% of the employees of a business normally employing at least 100 and fewer than 300 employees;

3.

 at least 30 employees in a business normally employing at least 300 employees.

[181](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10206) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).


Art. 335e182

1 The provisions governing mass redundancies apply equally to fixed-term employment relationships terminated prior to expiry of their agreed duration.

2 They do not apply in the event of cessation of business operations by court order or in the case of mass redundancies due to bankruptcy or under a composition agreement with assignment of assets.[183](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10266)

[182](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10242) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).

[183](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10266) Amended by the Annex to the FA of 21 June 2013, in force since 1 Jan. 2014 ([AS **2013** 4111](eli/oc/2013/757/en);[BBl **2010** 6455](eli/fga/2010/1144/en)).


3. Consultation of employees’ organisation

Art. 335f184

1 An employer intending to make mass redundancies must consult the organisation that represents the employees or, where there is none, the employees themselves.

2 He must give them at least an opportunity to formulate proposals on how to avoid such redundancies or limit their number and how to mitigate their consequences.

3 He must furnish the organisation that represents the employees or, where there is none, the employees themselves with all appropriate information and in any event must inform them in writing of:

a.

the reasons for the mass redundancies;

b.

 the number of employees to whom notice has been given;

c.

 the number of employees normally employed in the business;

d.

 the period in which he plans to issue the notices of termination.

4 He must forward a copy of the information stipulated in paragraph 3 to the cantonal employment office.

[184](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10290) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).


Art. 335g185

1 The employer notifies the cantonal employment office in writing of any intended mass redundancies and forwards a copy of such notification to the organisation that represents the employees or, where there is none, to the employees themselves.

2 Such notification must contain the results of the consultation with the organisation that represents the employees (Art. 335_f_) and all appropriate information regarding the intended mass redundancies.

3 The cantonal employment office seeks solutions to the problems created by the intended mass redundancies. The organisation that represents the employees or, where there is none, the employees themselves may submit their own comments.

4 Where notice to terminate an employment relationship has been given within the context of mass redundancies, the relationship ends 30 days after the date on which the mass redundancies were notified to the cantonal employment office unless such notice of termination takes effect at a later date pursuant to statutory or contractual provisions.

[185](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10339) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).


Art. 335h186

1 A social plan is an agreement in which an employer and employees set out measures to avoid redundancies or to reduce their numbers and mitigate their effects.

2 It must not jeopardise the continued existence of the company.

[186](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10379) Inserted by the Annex to the FA of 21 June 2013, in force since 1 Jan. 2014 ([AS **2013** 4111](eli/oc/2013/757/en);[BBl **2010** 6455](eli/fga/2010/1144/en)).


Art. 335i187

1 The employer must hold negotiations with the employees with the aim of preparing a social plan if he:

a.

 normally employs at least 250 employees; and

b.

 intends to make at least 30 employees redundant within 30 days for reasons that have no connection with their persons.

2 Redundancies over a longer period of time that are based on the same operational decision are counted together.

3 The employer negotiates:

a.

 with the employee associations that are party to the collective employment contract if he is a party to this collective employment contract;

b.

 with the organisation representing the employees; or

c.

 directly with the employees if there is no organisation representing the employees.

4 The employee associations, the organisation representing the employees or the employees may invite specialist advisers to the negotiations. These persons must preserve confidentiality in dealings with persons outside the company.

[187](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10409) Inserted by the Annex to the FA of 21 June 2013, in force since 1 Jan. 2014 ([AS **2013** 4111](eli/oc/2013/757/en);[BBl **2010** 6455](eli/fga/2010/1144/en)).


Art. 335j188

1 If the parties are unable to agree on a social plan, an arbitral tribunal is appointed.

2 The arbitral tribunal issues the social plan in a binding arbitral award auf.

[188](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10462) Inserted by the Annex to the FA of 21 June 2013, in force since 1 Jan. 2014 ([AS **2013** 4111](eli/oc/2013/757/en);[BBl **2010** 6455](eli/fga/2010/1144/en)).


d. During bankruptcy or composition proceedings

Art. 335k189

The provisions on the social plan (Art. 335_h_–335_j_) do not apply to mass redundancies that occur during bankruptcy or composition proceedings that are concluded with a composition agreement.

[189](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10492) Inserted by the Annex to the FA of 21 June 2013, in force since 1 Jan. 2014 ([AS **2013** 4111](eli/oc/2013/757/en);[BBl **2010** 6455](eli/fga/2010/1144/en)).


Art. 336190

1 Notice of termination is unlawful where given by one party:

a.

 on account of an attribute pertaining to the person of the other party, unless such attribute relates to the employment relationship or substantially impairs cooperation within the business;

b.

 because the other party exercises a constitutional right, unless the exercise of such right breaches an obligation arising from the employment relationship or substantially impairs cooperation within the business;

c.

 solely in order to prevent claims under the employment relationship from accruing to the other party;

d.

 because the other party asserts claims under the employment relationship in good faith;

 e.[191](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10562)

 because the other party is performing Swiss compulsory military or civil defence service or Swiss alternative civilian service or a non-voluntary legal obligation.

2 Further, notice of termination given by the employer is unlawful when given:

a.

 because the employee is or is not a member of an employees’ organisation or because he carries out trade union activities in a lawful manner;

b.

 while the employee is an elected employee representative on the staff council for the business or on a body linked to the business and the employer cannot cite just cause to terminate his employment;

 c.[192](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10593)

 in the context of mass redundancies, without his having consulted the organisation that represents the employees or, where there is none, the employees themselves (Art. 335_f_).

3 The protection against termination of employment afforded pursuant to paragraph 2 letter b to an employee representative whose mandate has ended as a result of transfer of the employment relationship (Art. 333) continues until such time as the mandate would have expired had such transfer not taken place.[193](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10617)

[190](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10525) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).

[191](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10562) Amended by Annex No 3 to the FA of 6 Oct. 1995 on Alternative Civilian Service, in force since 1 Oct. 1996 ([AS **1996** 1445](eli/oc/1996/1445%5F1445%5F1445/en);[BBl **1994** III 1609](eli/fga/1994/3%5F1609%5F1579%5F1445/en)).

[192](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10593) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).

[193](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10617) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).


Art. 336a194

1 A party who terminates the employment relationship unlawfully must pay compensation to the other party.

2 The court determines the compensation taking due account of all the circumstances, though it must not exceed an amount equivalent to six months’ salary for the employee. Claims for damages on other counts are unaffected.

3 Where termination is unlawful pursuant to Article 336 paragraph 2 letter c, compensation may not exceed two months’ salary for the employee.[195](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10666)

[194](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10639) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).

[195](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10666) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).


Art. 336b196

1 A party seeking compensation pursuant to Articles 336 and 336_a_ must submit his objection to the notice of termination in writing to the party giving such notice not later than the end of the notice period.

2 Where the objection has been properly submitted and the parties cannot reach agreement on the continuation of the employment relationship, the party on whom notice was served may bring his claim for compensation. The claim prescribes if not brought before the courts within 180 days of the end of the employment relationship.

[196](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10688) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


2. Termination at an inopportune juncture

Art. 336c197

1 After the probation period has expired, the employer may not terminate the employment relationship:

 a.[198](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10747)

 while the other party is performing Swiss compulsory military or civil defence service or Swiss alternative civilian service or, where such service lasts for more than eleven[199](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10766) days, during the four weeks preceding or following it;

b.

 while the employee through no fault of his own is partially or entirely prevented from working by illness or accident for up to 30 days in the first year of service, 90 days in the second to fifth years of service and 180 days in the sixth and subsequent years of service;

c.

 during the pregnancy of an employee and the sixteen weeks following birth;

 cbis.[200](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10789)

 before the end of the extended period of maternity leave in accordance with Article 329_f_ paragraph 2;

 cter.[201](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10814)

 for as long as the employee is entitled to carer’s leave under Article 329_i_, but for no longer than six months from the day on which the period within which to take the leave begins;

d.

 while the employee is participating with the employer’s consent in an overseas aid project ordered by the competent federal authority.

2 Any notice of termination given during the proscribed periods stipulated in paragraph 1 is void; by contrast, where such notice was given prior to the commencement of a proscribed period but the notice period has not yet expired at that juncture, it is suspended and does not resume until the proscribed period has ended.

3 Where a specific end-point, such as the end of a month or working week, has been set for termination of the employment relationship and such end-point does not coincide with the expiry of the resumed notice period, the latter is extended until the next applicable end-point.

[197](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10722) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).

[198](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10747) Amended by Annex No 3 to the FA of 6 Oct. 1995 on Alternative Civilian Service, in force since 1 Oct. 1996 ([AS **1996** 1445](eli/oc/1996/1445%5F1445%5F1445/en);[BBl **1994** III 1609](eli/fga/1994/3%5F1609%5F1579%5F1445/en)).

[199](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10766) Revised by the Federal Assembly Drafting Committee (Art. 33 ParlPA;[AS **1974** 1051](eli/oc/1974/1051%5F1051%5F1051/en)).

[200](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10789) Inserted by No II of the FA of 18 Dec. 2020, in force since 1 July 2021 ([AS **2021** 288](eli/oc/2021/288/en);[BBl **2019** 141](eli/fga/2019/9/en)).

[201](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10814) Originally let. cbis. Inserted by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Work and Caring for Family Members, in force since 1 July 2021 ([AS **2020** 4525](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).


Division Two: Types of Contractual Relationship

Section One: The Individual Employment Contract

Art. 336d202

1 After the probation period has expired, the employee may not terminate the employment relationship if he is required to deputise for a hierarchical superior whose function the employee is capable of assuming or for the employer himself who is prevented from working by the reasons set out at Article 336_c_ paragraph 1 letter a.

2 Article 336_c_ paragraphs 2 and 3 apply mutatis mutandis.

[202](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10851) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


Art. 337

1 Both employer and employee may terminate the employment relationship with immediate effect at any time for good cause; the party doing so must give his reasons in writing at the other party’s request.[203](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10893)

2 In particular, good cause is any circumstance which renders the continuation of the employment relationship in good faith unconscionable for the party giving notice.

3 The court determines at its discretion whether there is good cause, However, under no circumstances may the court hold that good cause is constituted by an employee being prevented from working through no fault of his own.

[203](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10893) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


Art. 337a

In the event of the employer’s insolvency, the employee may terminate the employment relationship with immediate effect unless he is furnished with security for his claims under such relationship within an appropriate period.


Art. 337b

1 Where the good cause for terminating the employment relationship with immediate effect consists in breach of contract by one party, he is fully liable in damages with due regard to all claims arising under the employment relationship.

2 In other eventualities the court determines the financial consequences of termination with immediate effect at its discretion, taking due account of all the circumstances.


Art. 337c204

1 Where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration.

2 Such damages are reduced by any amounts that the employee saved as a result of the termination of the employment relationship or that he earned by performing other work or would have earned had he not intentionally foregone such work.

3 The court may order the employer to pay the employee an amount of compensation determined at the court’s discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months’ salary for the employee.

[204](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10947) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


c. Failure to take up post and departure without just cause

Art. 337d

1 Where the employee fails to take up his post or leaves it without notice without good cause, the employer is entitled to compensation equal to one-quarter of the employee’s monthly salary; in addition, he is entitled to damages for any further losses.

2 Where the employer has suffered no losses or lower losses than the value of the compensation stipulated in the previous paragraph, the court may reduce the compensation at its discretion.

3 Where the claim for damages is not extinguished by set-off, it must be asserted by means of legal action or debt enforcement proceedings within 30 days of the failure to take up the post or departure from it, failing which it prescribes.[205](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10991)

4 ...[206](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e11010)

[205](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10991) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).

[206](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11010) Repealed by No I of the FA of 18 March 1988, with effect from 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).


Art. 338

1 The employment relationship ends on the death of the employee.

2 However, the employer must pay the salary for a further month thereafter or, where the employee had completed more than five years of service, for a further two months, provided the employee is survived by a spouse, a registered partner, children who are minors or, in the absence of such heirs, other persons to whom he had a duty to provide support.[207](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e11041)

[207](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11041) Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS **2005** 5685](eli/oc/2005/782/en);[BBl **2003** 1288](eli/fga/2003/194/en)).


Art. 338a

1 On the death of the employer, the employment relationship passes to his heirs; the provisions governing transfer of employment relationships on transfer of a business apply_mutatis mutandis_.

2 Where an employment relationship was entered into with the employer in person, it ends on his death; however, the employee may claim appropriate compensation for losses incurred as a result of the premature termination of the employment relationship.


VI. Consequences of termination of the employment relationship

Art. 339

1 When the employment relationship ends, all claims arising therefrom fall due.

2 In the case of claims for commission on transactions performed partly or entirely after the end of the employment relationship, the due date may be deferred by written agreement, albeit generally for no more than six months, or for no more than one year in the case of transactions involving performance in instalments, and for no more than two years in the case of insurance policies and transactions whose execution takes more than half a year.

3 The claim for a share of the business results becomes due in accordance with Article 323 paragraph 3.


Art. 339a

1 By the time the employment relationship ends, each contracting party must return to the other everything received from him or from third parties for his account during the employment relationship.

2 In particular, the employee must return motor vehicles and travel tickets and repay advances against salary and expenses to the extent that they exceed his claims.

3 The contracting parties’ rights of lien are unaffected.


Art. 339b

1 Where an employment relationship with an employee of at least 50 years of age comes to an end after twenty years or more of service, the employer must pay the employee a severance allowance.

2 If the employee dies during the employment relationship, such allowance is paid to the surviving spouse, registered partner or children who are minors or, in the absence of such heirs, other persons to whom he had a duty to provide support.[208](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e11123)

[208](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11123) Amended by Annex No 11 to the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ([AS **2005** 5685](eli/oc/2005/782/en);[BBl **2003** 1288](eli/fga/2003/194/en)).


Art. 339c

1 The amount of the severance allowance may be fixed by written individual agreement, standard employment contract or collective employment contract but may never be less than two months’ salary for the employee.

2 Where the amount of the severance allowance is not fixed, the court has discretion to determine it taking due account of all the circumstances, although it must not exceed the equivalent of eight months’ salary for the employee.

3 The severance allowance may be reduced or dispensed with if the employee has terminated the employment relationship without good cause or the employer himself has terminated it with immediate effect for good cause or where the payment of such allowance would inflict financial hardship on him.

4 The severance allowance is due on termination of the employment relationship, but the due date may be deferred by written individual agreement, standard employment contract or collective employment contract or by court order.


Art. 339d

1 Where the employee receives benefits from an occupational benefits scheme, these may be deducted from the severance allowance to the extent that they were funded by the employer either directly or through his contributions to the occupational benefits scheme.[209](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e11169)

2 The employer is likewise released from his obligation to make a severance allowance to the extent that he gives a binding commitment to make future benefits contributions on the employee’s behalf or has a third party give such a commitment.

[209](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11169) Amended by Annex No 2 to the FA of 25 June 1982 on Occupational Old Age, Survivors' and Invalidity Pension Provision, in force since 1 Jan. 1985 ([AS **1983** 797 ](eli/oc/1983/797%5F797%5F797/en)[827 ](eli/oc/1983/827%5F827%5F827/en)Art. 1 Abs. 1;[BBl **1976** I 149](eli/fga/1976/1%5F149%5F117%5F113/en)).


Art. 340

1 An employee with capacity to act may give the employer a written undertaking to refrain from engaging in any activity that competes with the employer once the employment relationship has ended and in particular to refrain from running a rival business for his own account or from working for or participating in such a business.

2 The prohibition of competition is binding only where the employment relationship allows the employee to have knowledge of the employer’s clientele or manufacturing and trade secrets and where the use of such knowledge might cause the employer substantial harm.


Art. 340a

1 The prohibition must be appropriately restricted with regard to place, time and scope such that it does not unfairly compromise the employee’s future economic activity; it may exceed three years only in special circumstances.

2 The court may at its discretion impose restrictions on an excessive prohibition of competition, taking due account of all the circumstances; in particular it will have due regard to any consideration made by the employer.


Art. 340b

1 An employee who infringes the prohibition of competition must provide compensation for the resultant damage to the employer.

2 Where an employee who infringes the prohibition is liable to pay a contractual penalty, unless otherwise agreed he may exempt himself from the prohibition by paying it; however, he remains liable in damages for any further damage.

3 Where expressly so agreed in writing, in addition to the agreed contractual penalty and any further damages, the employer may insist that the situation that breaches the contract be rectified to the extent justified by the injury or threat to the employer’s interests and by the conduct of the employee.


Art. 340c

1 The prohibition of competition is extinguished once the employer demonstrably no longer has a substantial interest in its continuation.

2 The prohibition is likewise extinguished if the employer terminates the employment relationship without the employee having given him any good cause to do so, or if the employee terminates it for good cause attributable to the employer.


Art. 341

1 For the period of the employment relationship and for one month after its end, the employee may not waive claims arising from mandatory provisions of law or the mandatory provisions of a collective employment contract.

2 General provisions governing prescriptive periods are applicable to claims under the employment relationship.


I. Reservation of public law and effects under civil law

Art. 342

1 The following are reserved:

 a.[210](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e11277)

 the provisions of the Confederation, cantons and communes regarding employment relationships under public law, except in respect of Article 331 paragraph 5 and Articles 331_a_–331_e_;

b.

 the public law provisions of the Confederation and the cantons governing work and vocational training.

2 Where federal or cantonal provisions governing work and vocational training impose an obligation under public law on the employer or employee, the other party has a claim under civil law for performance of said obligation if it is susceptible to inclusion in the individual employment contract.

[210](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11277) Amended by No II 2 of the FA of 18 Dec. 1998, in force since 1 May 1999 ([AS **1999** 1384](eli/oc/1999/199/en);[BBl **1998** V 5569](eli/fga/1998/5%5F5569%5F%5F/en)).


Art. 343211

[211](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11309) Repealed by Annex 1 No II 5 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 ([AS **2010** 1739](eli/oc/2010/262/en);[BBl **2006** 7221](eli/fga/2006/914/en)).


Section Two: Special Individual Employment Contracts

Art. 344

An apprenticeship contract is a contract whereby the employer undertakes to provide an apprentice with the requisite training for a particular vocation and the apprentice undertakes to work in the employer’s service in order to acquire such training.


Art. 344a

1 An apprenticeship contract is valid only if it is done in writing.

2 The contract must stipulate the nature and duration of the vocational training, the salary, the probation period, the working hours and the holiday entitlement.

3 The probation period must be no less than one month and no longer than three months. Where not stipulated by the parties in the contract, it is three months.

4 By agreement between the parties and with the consent of the cantonal authority, the probation period may exceptionally be extended before its expiry to a final duration of up to six months.

5 The contract may contain other terms, in particular regarding the supply of work tools, contributions towards the costs of board and lodgings, the payment of insurance premiums and other obligations to be performed by the parties.

6 Any agreement restricting the apprentice’s freedom to decide his vocational activities once the apprenticeship is complete is void.


1. Special obligations of the trainee and his legal representative

Art. 345

1 The apprentice must do his utmost to achieve the goal of the apprenticeship.

2 The apprentice’s legal representative must do his best to support the employer in his task and to foster a good relationship between the employer and the apprentice.


Art. 345a

1 The employer must ensure that the vocational training is supervised by a specialist with the necessary professional skills and personal qualities.

2 He must without deducting any salary allow the apprentice the time required to attend technical college and take interdisciplinary courses and to sit the vocational examinations on completion of the apprenticeship.

3 While the apprentice is still under the age of 20, the employer must grant him a holiday entitlement of at least five weeks per year of apprenticeship.

4 He may allocate work outside the relevant vocational field and piece work to the apprentice only insofar as such work is related to the vocation in which the apprentice is being instructed and the training is not thereby impaired.


Art. 346

1 During the probation period, the apprenticeship relationship may be terminated at any time by giving seven days’ notice.

2 The apprenticeship relationship may be terminated with immediate effect for good cause within the meaning of Article 337, and in particular where:

a.

 the specialist supervising the training lacks the professional skills or personal qualities required to train the apprentice;

b.

 the apprentice does not have the physical or intellectual aptitude required for his training or if his health or morals are in doubt; the apprentice and, where applicable, his legal representative must be heard beforehand;

c.

 the training cannot be completed or can only be completed under fundamentally different conditions.


Art. 346a

1 At the end of the apprenticeship, the employer must provide the apprentice with a certificate setting out the requisite information concerning the vocational training acquired and the duration of the apprenticeship.

2 At the request of the apprentice or his legal representative, the certificate must also give information on the skills, achievements and conduct of the apprentice.


Art. 347

1 Under a commercial traveller’s contract, the commercial traveller undertakes to broker or conclude all manner of transactions on behalf of the owner of a trading, manufacturing or other type of commercial company off the employer’s business premises in exchange for payment of a salary.

2 Any employee who is not primarily engaged in itinerant activities or who works only occasionally or temporarily for the employer or who acts as a travelling salesman for his own account is not considered a commercial traveller.


Art. 347a

1 The employment relationship is defined by written contract which stipulates in particular:

a.

 the duration and termination of the employment relationship;

b.

the commercial traveller’s authority;

c.

 the remuneration and reimbursement of expenses;

d.

 the applicable law and the forum, where one of the parties is resident abroad.

2 In the absence of a written contract, the matters specified in the previous paragraph are determined by statutory provision and customary working conditions.

3 An oral agreement is valid only with regard to the commencement of service, the nature and location of the commercial travel and other terms that do not contradict the statutory provisions or the written contract.


II. Obligations and authority of the commercial traveller

Art. 348

1 The commercial traveller must visit the clients in the prescribed manner unless there is just cause to vary it; he may neither broker nor conclude transactions on his own behalf or on behalf of a third party without the written consent of the employer.

2 Where the commercial traveller is authorised to conclude transactions, he must comply with the prescribed prices and other terms and conditions and must declare that any changes thereto are subject to approval by the employer.

3 The commercial traveller must report regularly on his activities, pass on all orders received immediately to the employer and notify the employer of any matters of note that concern his clients.


Art. 348a

1 Any agreement whereby the commercial traveller is made liable for the client’s payment or any other type of performance of the client’s obligations or for all or part of the recovery costs is void.

2 Where the commercial traveller concludes transactions with private individuals, he may by means of a written undertaking assume liability in a given transaction for at most one-quarter of the losses incurred by the employer as a result of non-performance of the client’s obligations, on condition that an appropriate del credere commission is agreed.

3 In the case of insurance policies the travelling insurance broker may by means of a written undertaking assume liability for at most one-half of the recovery costs where a single-payment premium or premium instalments are not paid and he seeks their recovery by way of legal action or compulsory execution.


Art. 348b

1 Unless otherwise agreed in writing, a commercial traveller only has authority to broker transactions.

2 Where the commercial traveller is authorised to conclude transactions, his powers extend to all legal procedures normally associated with their execution; however, without special authority he may not take receipt of payments from clients nor approve payment periods.

3 Article 34 of the Federal Act of 2 April 1908[213](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e11563) on Insurance Policies is reserved.

[213](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11563) [SR **221.229.1**](eli/cc/24/719%5F735%5F717/en)


III. Special obligations of the employer

Art. 349

1 Where a particular area or clientele is allocated to the commercial traveller, it is deemed to have been allocated to him exclusively unless otherwise agreed in writing; however, the employer remains authorised to enter into transactions personally within the area or clientele allocated to the commercial traveller.

2 The employer may unilaterally vary the contractually stipulated area or clientele where legitimate reasons require such variation before expiry of the notice to terminate the contract; however, where this is the case, the commercial traveller is entitled to compensation and has good cause for termination of the employment relationship.


Art. 349a

1 The employer must pay the commercial traveller a salary consisting of a fixed salary component with or without commission.

2 A written agreement whereby the salary consists exclusively or principally of commission is valid only if such commission gives appropriate remuneration for the services of the commercial traveller.

3 The salary may be freely determined by written agreement for a probation period of no more than two months.


Art. 349b

1 Where an area or clientele is allocated exclusively to a commercial traveller, the agreed or customary commission is payable to him on all transactions concluded by him or his employer within such area or clientele.

2 If a particular area or clientele has not been allocated exclusively to him, the commercial traveller is entitled to commission only on transactions that he personally brokered or concluded.

3 Where it is not yet possible to calculate the precise value of a transaction when the commission falls due, the initial commission payable is based on the minimum value calculated by the employer, with the balance falling due at the latest when the transaction is executed.


Art. 349c

1 Where the commercial traveller through no fault of his own is prevented from travelling and his salary must nonetheless be paid to him by law or by contract, it is calculated on the basis of the fixed salary component plus appropriate compensation for loss of commission.

2 Where the commission makes up less than one-fifth of the salary, it may be agreed in writing that no compensation for loss of commission is owed to him should he be prevented from travelling through no fault of his own.

3 Where a commercial traveller who is prevented from travelling through no fault of his own receives his full salary, at the employer’s request he must carry out work on the business premises to the extent he is capable of such work and it may reasonably be required of him.


Art. 349d

1 Where the commercial traveller works for several employers at the same time and there is no written agreement stipulating how expenses are to be divided, each employer must reimburse an equal share.

2 Any agreement stipulating that the fixed salary component or commission includes reimbursement of all or part of the expenses is void.


Art. 349e

1 By way of securing claims due to him under the employment relationship and, in the event that the employer becomes insolvent, claims that are not yet due, the commercial traveller has a special lien on chattels and securities and on any payments received from clients by virtue of an authority to collect with which he has been vested.

2 The lien does not extend to travel tickets, price lists, client lists and other documents.


Art. 350

1 Where commission makes up at least one-fifth of a commercial traveller’s salary and is subject to major seasonal fluctuations, and where the commercial traveller has worked for the employer since the end of the previous season, any notice of termination served on him by the employer during the following season may not expire until the end of the second month following the month in which it was served.

2 On the same conditions, where a commercial traveller has been retained by an employer until the end of one season any notice of termination given by him during the period prior to the beginning of the following season may not expire until the end of the second month following the month in which it was served.


Art. 350a

1 At the end of the employment relationship, the commercial traveller is entitled to commission on all the transactions that he concluded or brokered and on all orders passed on to the employer before the end of the employment relationship, whatever the date of their acceptance or execution.

2 The commercial traveller must return to the employer all samples, patterns and models, price lists, customer lists and other documents supplied to him for his work activities by the end of the employment relationship, subject to the right of lien.


Art. 351

Under a homeworker’s contract, the homeworker[214](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e11710) undertakes to work for the employer in return for a salary, such work to be carried out alone or with members of his family and in his home or on other premises of his choosing.

[214](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e11710) Term in accordance with Art. 21 No 1 of the Homeworking Act of 20 March 1981, in force since 1 April 1983 ([AS **1983** 108](eli/oc/1983/108%5F108%5F108/en);[BBl **1980** II 282](eli/fga/1980/2%5F282%5F282%5F270/en)). This amendment is taken into account in Art. 351–354 and 362 para. 1.