brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
A. The Collective Employment Contract
II. Effects
1. On participating employers and employees

Art. 357

1 Unless otherwise stipulated in the collective employment contract, its provisions relating to the formation, nature and termination of individual employment relationships are binding on the participating employers and employees for the duration of the contract and may not be derogated.

2 Any agreement between participating employers and employees that contradicts the compulsory provisions of the collective employment contract is void and replaced by those provisions; however, such an agreement may be valid if it is to the benefit of the employee.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
A. The Collective Employment Contract
II. Effects
2. On the contracting parties

Art. 357a

1 The contracting parties are obliged to ensure compliance with the collective employment contract; to this end associations must exert their influence on their members and, where required, have recourse to the means placed at their disposal by their articles of association and the law.

2 Each contracting party has a duty to maintain harmonious industrial relations and in particular to refrain from any hostile action on matters regulated by the collective employment contract; such duty applies without restriction only where expressly so agreed.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
A. The Collective Employment Contract
II. Effects
3. Joint enforcement

Art. 357b

1 A collective employment contract concluded between associations may stipulate that each contracting party has an actionable claim against the other parties in the event that they fail to discharge their duty to ensure that the participating employers and employees abide by the contract as regards the following matters:

a.

 the formation, nature and termination of employment relationships, in respect of which the claim is for a declaratory judgment only;

b.

 the payment of contributions to equalisation funds or other institutions in connection with the employment relationship, the representation of employees within businesses and the maintenance of harmonious industrial relations;

c.

 monitoring activities, the provision of security and contractual penalties in relation to the provisions set out in letters a and b.

2 Clauses within the meaning of the previous paragraph may be agreed where the contracting parties are expressly authorised so to do by their articles of association or resolution passed by their governing body.

3 Unless otherwise stipulated in the collective employment contract, the provisions governing simple partnerships apply mutatis mutandis to relations between the contracting parties.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
A. The Collective Employment Contract
III. Relationship to mandatory law

Art. 358

The mandatory law of the Confederation and the cantons takes precedence over the collective employment contract; however, other provisions may be agreed to the benefit of employees provided they do not conflict with mandatory law.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
I. Definition and content

Art. 359

1 The standard employment contract is a contract in which clauses governing the formation, nature and termination of certain types of employment relationship are laid down.

2 The cantons shall draw up standard employment contracts for agricultural workers and domestic staff to regulate in particular working hours, leisure time and employment conditions for female employees and minors.

3 Article 358 is applicable_mutatis mutandis_ to the standard employment contract.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
II. Competent authorities and procedure

Art. 359a

1 Where the scope of application of a standard employment contract extends over more than one canton, the Federal Council is responsible for issuing it, but otherwise the canton is responsible.

2 Before being issued, the standard employment contract shall be published in an appropriate manner and a time limit set within which interested parties may submit their comments in writing; furthermore, the relevant professional associations and public bodies shall be consulted.

3 The standard employment contract comes into force once it has been issued in accordance with the provisions governing official publications.

4 The same procedure applies to the rescission or amendment of a standard employment contract.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
III. Effects

Art. 360

1 Unless otherwise agreed, the standard employment contract applies directly to the employment relationships that it governs.

2 The standard employment contract may stipulate that agreements derogating from certain of its provisions must be done in writing.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
IV. Minimum wage
1. Requirements

Art. 360a215

1 Where the wages that are customary for a geographical area, occupation or industry are repeatedly and unfairly undercut within a particular occupation or economic sector and there is no collective employment contract laying down a minimum wage that may be declared universally binding, on application by the tripartite commission as defined in Article 360_b,_ the competent authority may issue a fixed-term standard employment contract providing for a minimum wage varied by region and, where applicable, by locality in order to combat or prevent abusive practices.

2 The minimum wage must not conflict with the public interest or prejudice the legitimate interests of other economic sectors or sections of the population. It must have due regard to the minority interests of the economic sectors or occupations concerned that stem from regional and business diversity.

3 In the case of repeated infringements of the provisions on the minimum wage in a standard employment contract in accordance with paragraph 1 or if there is evidence that no longer using the standard employment contract may lead to further abusive practices in terms of paragraph 1, at the request of the tripartite commission, the competent authority may extend the standard employment contract for a limited period.[216](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e12078) 

[215](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12050) Inserted by Annex No 2 to the FA of 8 Oct. 1999 on Workers posted to Switzerland, in force since 1 June 2004 ([AS **2003** 1370](eli/oc/2003/231/en);[BBl **1999** 6128](eli/fga/1999/1%5F6128%5F5440%5F5092/en)).

[216](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12078) Inserted by No II of the FA of 30 Sept. 2016, in force since 1 April 2017 ([AS **2017** 2077](eli/oc/2017/184/en);[BBl **2015** 5845](eli/fga/2015/1362/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
IV. Minimum wage
2. Tripartite commissions

Art. 360b217

1 The Confederation and each canton shall establish a tripartite commission consisting of an equal number of employers’ and employees’ representatives in addition to representatives of the state.

2 Employers’ and employees’ associations have the right to put forward candidates for selection as their representatives within the meaning of paragraph 1.

3 The commissions monitor the labour market. If they observe abusive practices within the meaning of Article 360_a_ paragraph 1, they normally seek to reach agreement directly with the employers concerned. Where this cannot be achieved within two months, they petition the competent authority to issue a standard employment contract fixing a minimum wage for the affected sectors or occupations.

4 If labour market conditions in the affected sectors change, the tripartite commission petitions the competent authority to amend or rescind the standard employment contract.

5 To enable them to discharge their responsibilities, the tripartite commissions have the right to obtain information and inspect any business document necessary to the conduct of their investigation. In the event of a dispute, a ruling is given by a body specially appointed for this purpose by the Confederation or the canton, as applicable.

6 Where necessary for the conduct of their investigations, on application the tripartite commissions may obtain personal data contained in corporate collective employment contracts from the Federal Statistical Office.[218](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e12136) 

[217](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12099) Inserted by Annex No 2 to the FA of 8 Oct. 1999 on Workers posted to Switzerland, in force since 1 June 2003 ([AS **2003** 1370](eli/oc/2003/231/en);[BBl **1999** 6128](eli/fga/1999/1%5F6128%5F5440%5F5092/en)).

[218](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12136) 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 Swiss Confederation, of the one part, and the EU and its member states, of the other part, 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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
IV. Minimum wage
3. Official secrecy

Art. 360c219

1 The members of tripartite commissions are subject to official secrecy; in particular they are obliged to keep secret from third parties any information of a commercial or private nature gained in the exercise of their office.

2 Such duty of secrecy remains in force even after membership of the tripartite commission has ceased.

[219](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12159) Inserted by Annex No 2 to the FA of 8 Oct. 1999 on Workers posted to Switzerland, in force since 1 June 2003 ([AS **2003** 1370](eli/oc/2003/231/en);[BBl **1999** 6128](eli/fga/1999/1%5F6128%5F5440%5F5092/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
IV. Minimum wage
4. Effects

Art. 360d220

1 The standard employment contract as defined in Article 360_a_ also applies to employees who work only temporarily within its geographical scope and to employees whose services have been loaned out.

2 It is not permissible to derogate from a standard employment contract as defined in Article 360_a_ to the detriment of the employee.

[220](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12188) Inserted by Annex No 2 to the FA of 8 Oct. 1999 on Workers posted to Switzerland, in force since 1 June 2004 ([AS **2003** 1370](eli/oc/2003/231/en);[BBl **1999** 6128](eli/fga/1999/1%5F6128%5F5440%5F5092/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
IV. Minimum wage
5. Associations’ right of action

Art. 360e221

Employers’ and employees’ associations have the right to apply for a declaratory judgment as to whether an employer is in compliance with the standard employment contract as defined in Article 360_a_.

[221](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12221) Inserted by Annex No 2 to the FA of 8 Oct. 1999 on Workers posted to Switzerland, in force since 1 June 2004 ([AS **2003** 1370](eli/oc/2003/231/en);[BBl **1999** 6128](eli/fga/1999/1%5F6128%5F5440%5F5092/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Three: The Collective Employment Contract and the Standard Employment Contract
B. The Standard Employment Contract
IV. Minimum wage
6. Notification

Art. 360f222

A canton issuing a standard employment contract pursuant to Article 360_a_ must forward a copy to the competent federal office[223](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e12269).

[222](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12248) Inserted by Annex No 2 to the FA of 8 Oct. 1999 on Workers posted to Switzerland, in force since 1 June 2004 ([AS **2003** 1370](eli/oc/2003/231/en);[BBl **1999** 6128](eli/fga/1999/1%5F6128%5F5440%5F5092/en)).

[223](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e12269) Now the State Secretariat for Economic Affairs (SECO).
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
A. Definition

Art. 363

A work contract is a contract whereby the contractor undertakes to produce a piece of work and the customer undertakes to pay the contractor for that work.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
1. In general

Art. 364

1 The contractor generally has the same duty of care as the employee in an employment relationship.[244](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e13130) 

2 The contractor is obliged to carry out the work in person or to have it carried out under his personal supervision, unless the nature of the work is such that his personal involvement is not required.

3 Unless otherwise required by agreement or custom, the contractor is obliged to supply the resources, tools and machinery necessary for producing the work at his own expense.

[244](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13130) Amended by No II Art. 1 No 6 of the FA of 25 June 1971, in force since 1 Jan. 1972 ([AS **1971** 1465](eli/oc/1971/1465%5F1461%5F1461/en);[BBl **1967** II 241](eli/fga/1967/2%5F241%5F249%5F177/en)). See also the Final and Transitional Provisions of Title X, at the end of this Code.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
2. Regarding materials

Art. 365

1 Where the contractor is responsible for supplying the materials, he is liable to the customer for their quality and has the same warranty obligation as a seller.

2 Where materials are supplied by the customer, the contractor must treat them with all due care, give account of how they are used and return any that remain unused to the customer.

3 If, when producing the work, the contractor notes defects in the materials supplied or in the designated construction site or if any other circumstance arises which might compromise the correct or timely production of the work, he must inform the customer immediately, failing which he shall himself be liable for any adverse consequences.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
3. Prompt commencement and contractual production of the work

Art. 366

1 Where the contractor does not begin the work on time or delays its production in breach of contract or, through no fault of the customer, falls so far behind that there is no longer any prospect of completing the work on time, the customer is entitled to withdraw from the contract without waiting for the agreed delivery date.

2 Where during the production of the work it becomes evident that, through the fault of the contractor, the work will be produced in a manner that is defective or otherwise contrary to the contract, the customer may set the contractor or have the contractor set an appropriate time limit within which to take remedial action and notify him that any failure to do so will result in the hire of a third party to take such remedial action or to complete the work at the risk and expense of the contractor.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
4. Liability for defects
a. Identification of defects

Art. 367

1 The customer must inspect the condition of the delivered or completed work as soon as feasible in the normal course of business and must inform the contractor of any defects discovered.

2 Each party is entitled to request that the work be inspected by experts at his own expense and that a legal record be made of their findings.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
4. Liability for defects
b. Rights of the customer in the event of defects

Art. 368

1 Where the work is so defective or deviates from the contractual terms to such an extent that the customer has no use for it or cannot reasonably be expected to accept it, the customer may refuse acceptance and, if the contractor is at fault, seek damages.

2 In the case of minor defects in the work or only slight deviations from the contractual terms, the customer may reduce the price in proportion to the decrease in its value or require the contractor to rectify the work at his own expense and to pay damages if he was at fault, provided such rectification is possible without excessive cost to the contractor.

3 In the case of works produced on the customer’s land or property which by their nature cannot be removed without disproportionate detriment, the customer has only the rights stipulated in paragraph 2.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
4. Liability for defects
c. Customer’s liability

Art. 369

The rights accruing to the customer in respect of defects in the work are forfeited if he is at fault for such defects due to having given instructions concerning production of the work that were contrary to the express warnings of the contractor or for any other reason.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
4. Liability for defects
d. Approval of the work

Art. 370

1 Once the completed work has been expressly or tacitly approved by the customer, the contractor is released from all liability save in respect of defects which could not have been discovered on acceptance and normal inspection or were deliberately concealed by the contractor.

2 Tacit approval is presumed where the customer omits to inspect the work and give notice of defects as provided by law.

3 Where defects come to light only subsequently, the customer must notify the contractor as soon as he becomes aware of them, otherwise the work is deemed to have been approved even in respect of such defects.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
I. Contractor’s obligations
4. Liability for defects
e. Prescription

Art. 371245

1 The right of the customer to bring claims due to defects in the work prescribes two years from acceptance of the work. However, the prescriptive period amounts to five years where defects in a movable object that has been incorporated in an immovable work in a manner consistent with its nature and purpose have caused the work to be defective.

2 The customer’s claims in respect of defects in an immovable work against both the contractor and any architect or engineer who provided services in connection with such work prescribe five years after completion of the work.

3 Otherwise the rules governing prescription of the corresponding rights of a buyer apply _mutatis mutandis_.

[245](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e13242) Amended by No I of the FA of 16 March 2012 (Limitation Periods for Guarantee Claims. Extension and Coordination), in force since 1 Jan. 2013 ([AS **2012** 5415](eli/oc/2012/621/en);[BBl **2011** 2889 ](eli/fga/2011/424/en)[3903](eli/fga/2011/597/en)).
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
II. Customer’s obligations
1. Due date for payment

Art. 372

1 The customer must pay for the work on completion or delivery.

2 Where the work is delivered in stages and payment in instalments has been agreed, the amount due for each stage of the work is payable on delivery thereof.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
II. Customer’s obligations
2. Amount of payment
a. Firm commitment

Art. 373

1 Where the payment was fixed in advance as an exact amount, the contractor is obliged to produce the work for the agreed amount and may not charge more even if the work entailed more labour or greater expense than predicted.

2 However, where production of the work was prevented or seriously hindered by extraordinary circumstances that were unforeseeable or excluded according to the conditions assumed by both parties, the court may at its discretion authorise an increase in the price or the termination of the contract.

3 The customer must pay the full price even where the work has entailed less labour than predicted.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
B. Effects
II. Customer’s obligations
2. Amount of payment
b. By the value of the work

Art. 374

Where the price was not fixed in advance or fixed only as an approximate amount, it is determined according to the value of the work produced and the expenses incurred by the contractor.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
C. Termination
I. Withdrawal because estimate exceeded

Art. 375

1 Where an estimate agreed with the contractor is exceeded by a disproportionate amount through no fault of the customer, he has the right to withdraw from the contract before or after completion.

2 In the case of construction work carried out on his land or property, the customer is entitled to an appropriate reduction in the price or, if the work is not yet complete, to call a halt to the work and withdraw from the contract against equitable compensation for work already done.
Division Two: Types of Contractual Relationship
Title Eleven: The Work Contract
C. Termination
II. Destruction of the work

Art. 376

1 If the work is destroyed by accident prior to completion or delivery, the contractor is not entitled to payment for work done or of expenses incurred unless the customer is in default on acceptance of the work.

2 In this case any loss of materials is borne by the party that supplied them.

3 Where the work has been destroyed either due to a defect in the materials supplied or in the construction site designated by the customer or as a result of the method of production that he prescribed, the contractor shall be entitled to payment for the work already done and of expenses incurred that were not included in the price, provided he alerted the customer to the risks in good time, and also to damages if the customer was at fault.