brunnolou/swiss-code-of-obligations huggingface dataset:
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
A.212 The Apprenticeship Contract
II. Effects
2. Special obligations of the employer

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
A.212 The Apprenticeship Contract
III. Termination
1. Early termination

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
A.212 The Apprenticeship Contract
III. Termination
2. Certificate of apprenticeship

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
I. Definition and conclusion
1. Definition

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
I. Definition and conclusion
2. Conclusion and content

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
II. Obligations and authority of the commercial traveller
1. Special obligations

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
II. Obligations and authority of the commercial traveller
2. Del credere

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
II. Obligations and authority of the commercial traveller
3. Authority

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)
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
III. Special obligations of the employer
1. Area of activity

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
III. Special obligations of the employer
2. Salary
a. In general

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
III. Special obligations of the employer
2. Salary
b. Commission

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
III. Special obligations of the employer
2. Salary
c. Prevention from travelling

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
III. Special obligations of the employer
3. Expenses

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
III. Special obligations of the employer
4. Special lien

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
IV. Termination
1. In special circumstances

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
B. The Commercial Traveller’s Contract
IV. Termination
2. Special consequences

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
I. Definition and conclusion
1. Definition

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
I. Definition and conclusion
2. Notification of conditions

Art. 351a

1 Before each work assignment is given to the homeworker, the employer must inform him of the applicable conditions and specifications to the extent these are not already covered by the general terms and conditions of employment; he must specify the materials to be procured by the homeworker and state in writing the amounts to be reimbursed for such materials and the salary.

2 If information regarding the salary and the amounts to be reimbursed for materials procured by the homeworker is not given in writing before the work is allocated, the customary terms and conditions of employment are applicable.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
II. Special obligations of the home worker
1. Performance of the work

Art. 352

1 The homeworker must start the work he has accepted on time, finish it by the agreed deadline and deliver the results to the employer.

2 If the work is defective and the homeworker is at fault, he is obliged to rectify it at his own expense to the extent that the defects can be removed.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
II. Special obligations of the home worker
2. Materials and work tools

Art. 352a

1 The homeworker is obliged to treat the materials and tools supplied by the employer with all due care, to give account of how they are used and to return tools and unused materials to the employer.

2 Where in the course of his work the homeworker notes defects in the materials or tools supplied, he must inform the employer immediately and await further instructions before continuing work.

3 Where the materials or tools supplied have been damaged through the fault of the homeworker, he is liable to the employer at most for the replacement cost.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
III. Special obligations of the employer
1. Acceptance of completed work

Art. 353

1 The employer must inspect the completed work on delivery and notify the homeworker of any defects within one week.

2 Where the employer fails to notify defects to the homeworker promptly, the work is deemed to have been accepted.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
III. Special obligations of the employer
2. Salary
a. Payment

Art. 353a

1 Where the homeworker is engaged by the employer on a continuous basis, the salary for the work carried out is paid twice monthly or, with the homeworker’s consent, at the end of each month, and otherwise on delivery of the completed work.

2 Each salary payment must be accompanied by a written statement giving the reasons for any salary deductions that have been made.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
III. Special obligations of the employer
2. Salary
b. When prevented from working

Art. 353b

1 An employer who engages the home worker on a continuous basis is obliged pursuant to Articles 324 and 324_a_ to pay his salary in the event that the employer fails to accept his work or he is prevented from working by personal circumstances for which he is not at fault.

2 In other cases the employer is not obliged to pay the salary pursuant to Articles 324 and 324_a_.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
C. The Homeworker’s Contract
IV. Termination

Art. 354

1 Where trial work is assigned to the homeworker, unless otherwise agreed the employment relationship is deemed to have been entered into on a trial basis for a fixed period.

2 Unless otherwise agreed, where the homeworker is engaged by the employer on a continuous basis, the employment relationship is deemed to have been entered into for an indefinite period, and in all other cases it is deemed to have been entered into for a fixed period.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
D. Applicability of General Provisions

Art. 355

The general provisions governing individual employment contracts are applicable by way of supplement to apprenticeship contracts, commercial traveller’s contracts and homeworker’s contracts.
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
I. Definition, content, form and duration
1. Definition and content

Art. 356

1 A collective employment contract is a contract whereby employers or employers’ associations and employees’ associations jointly lay down clauses governing the conclusion, nature and termination of employment relationships between the employers and individual employees.

2 The collective employment contract may also contain other clauses, provided they pertain to the relationship between employers and employees or are limited to the formulation of such clauses.

3 Further, the collective employment contract may define the mutual rights and obligations of the contracting parties and the monitoring and enforcement of the clauses specified in the previous paragraphs.

4 Where more than one employers’ association and/or employees’ association is bound by the collective employment contract either from the outset or as a result of subsequent accession with the consent of the original contracting parties, they have equal rights and obligations thereunder and any contrary agreement is void.
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
I. Definition, content, form and duration
2. Freedom of association and freedom to practise a profession

Art. 356a

1 Any clause in a collective employment contract or individual agreement between the contracting parties intended to compel an employer or employee to join a contracting association is void.

2 Any clause in a collective employment contract or individual agreement between the contracting parties intended to exclude or restrict the practice of a particular profession or occupation by an employee or his acquisition of the necessary vocational training is void.

3 The clauses and agreements referred to in the previous paragraph are valid by way of exception if they are justified by overriding interests that warrant protection, in particular personal health and safety or the quality of work; however, denial of access to the profession is not an interest that warrants protection.
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
I. Definition, content, form and duration
3. Accession

Art. 356b

1 Individual employers and individual employees in the service of employers bound by the collective employment contract may accede to it with the consent of the contracting parties, whereupon they become participating employers and employees.

2 The collective employment contract may stipulate the rules governing such accession. Unreasonable conditions attaching to accession, such as unreasonable monetary contributions, may be declared void or limited to an admissible level by the court; however, clauses and agreements intended to set contributions in favour of one individual contracting party are always void.

3 Any clause in a collective employment contract or individual agreement between the contracting parties intended to compel members of associations to accede to the collective employment contract is void if such associations are not entitled to become party to it or to conclude an analogous contract.
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
I. Definition, content, form and duration
4. Form and duration

Art. 356c

1 The conclusion of a collective employment contract, its amendment and termination by mutual agreement, the accession of a new contracting party and notice to terminate the contract are valid only if done in writing, as are declarations of accession by individual employers or employees, the consent to such accession by the contracting parties pursuant to Article 356_b_ paragraph 1 and notice to withdraw from the contract.

2 Where the collective employment contract is open-ended and does not provide otherwise, after one year has elapsed any of the contracting parties may withdraw from it at any time by giving six months’ notice, which is effective for all other parties. The same applies _mutatis mutandis_ to parties subsequently acceding to the contract.