brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
IX. Other duties
3. Duty of information

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
D. Employee benefits provision
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
D. Employee benefits provision
III. Assignment and pledge

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
D. Employee benefits provision
IV. Reservations on medical grounds

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
D. Employee benefits provision
V. Promotion of home ownership
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
E. Right to inventions and designs

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
E. Right to inventions and designs

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
F. Transfer of employment relationship
1. Effects170

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
F. Transfer of employment relationship
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
F. Transfer of employment relationship
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
I. Fixed-term employment relationship

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
II. Open-ended employment relationship
1. Notice in general

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
II. Open-ended employment relationship
2. Notice periods
a. In general

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
II. Open-ended employment relationship
2. Notice periods
b. During the probation period

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
II. Open-ended employment relationship
2. Notice periods
c. After the probation period

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IIbis. Mass redundancies
1. Definition

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IIbis. Mass redundancies
2. Scope of application

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IIbis. Mass redundancies
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IIbis. Mass redundancies
4. Procedure

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IIbis. Mass redundancies
5. Social plan
a. Definition and principles

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IIbis. Mass redundancies
5. Social plan
b. Duty to negotiate

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IIbis. Mass redundancies
5. Social plan
c. Preparation by an arbitral tribunal

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)).