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
G. End of the employment relationship
IIbis. Mass redundancies
5. Social plan
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
III. Protection from termination
1. Wrongful termination
b. Penalties

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
III. Protection from termination
1. Wrongful termination
c. Procedure

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
III. Protection from termination
2. Termination at an inopportune juncture
b. By the employee

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IV. Termination with immediate effect
1. Requirements
a. For good cause

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IV. Termination with immediate effect
1. Requirements
b. Salary at risk

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IV. Termination with immediate effect
2. Consequences
a. Termination for good cause

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IV. Termination with immediate effect
2. Consequences
b. Termination without just cause

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
IV. Termination with immediate effect
2. Consequences
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
V. Death of the employee or employer
1. Death of the employee

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
V. Death of the employee or employer
2. Death of the employer

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VI. Consequences of termination of the employment relationship
1. Maturity of claims

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VI. Consequences of termination of the employment relationship
2. Return

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VI. Consequences of termination of the employment relationship
3. Severance allowance
a. Requirements

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VI. Consequences of termination of the employment relationship
3. Severance allowance
b. Amount and due date

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VI. Consequences of termination of the employment relationship
3. Severance allowance
c. Benefits in lieu of allowance

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VII. Prohibition of competition
1. Requirements

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VII. Prohibition of competition
2. Restrictions

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VII. Prohibition of competition
3. Consequences of infringement

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
VII. Prohibition of competition
4. Extinction

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
H. No right of waiver and prescription

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
I. Reservation of public law and effects under civil law

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)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
A.212 The Apprenticeship Contract
I. Definition and conclusion
1. Definition

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.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section Two: Special Individual Employment Contracts
A.212 The Apprenticeship Contract
I. Definition and conclusion
2. Conclusion and content

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.
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
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.