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
III. Salary in the event work is not possible
2. Employee prevented from working
b. Exceptions

Art. 324b

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

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

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

[116](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8396) Inserted by Annex No 12 to the FA of 20 March 1981 on Accident Insurance, in force since 1 Jan. 1984 ([AS **1982** 1676 ](eli/oc/1982/1676%5F1676%5F1676/en)[1724 ](eli/oc/1982/1724%5F1724%5F1724/en)Art. 1 para. 1;[BBl **1976** III 141](eli/fga/1976/3%5F141%5F143%5F155/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
IV. Assignment and pledge of salary claims

Art. 325117

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

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

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

[118](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8446) [SR **281.1**](eli/cc/11/529%5F488%5F529/en)
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
V. Piece work
1. Work allocation

Art. 326

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

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

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

4 An employer who is unable to allocate sufficient piece work or time work remains nonetheless obliged pursuant to the provisions governing failure to accept performance to pay the salary that he would have paid for time work.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
V. Piece work
2. Piece work rates

Art. 326a

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

2 Should the employer fail to give such information, he must pay the going rate for identical or comparable work.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VI. Work tools, materials and expenses
1. Work tools and materials

Art. 327

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

2 Where the employee himself supplies such tools or materials with the employer’s consent, he is entitled to appropriate compensation unless otherwise provided by agreement or custom.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VI. Work tools, materials and expenses
2. Expenses
a. In general

Art. 327a

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

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

3 Any agreement whereby the employee must bear all or part of such necessary expenses is void.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VI. Work tools, materials and expenses
2. Expenses
b. Motor vehicle

Art. 327b

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

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

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

[119](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8544) Repealed by No 12 of the Annex to the FA of 20 March 1981 on Accident Insurance, with effect from 1 Jan. 1984 ([AS **1982** 1676 ](eli/oc/1982/1676%5F1676%5F1676/en)[1724 ](eli/oc/1982/1724%5F1724%5F1724/en)Art. 1 para. 1;[BBl **1976** III 141](eli/fga/1976/3%5F141%5F143%5F155/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VI. Work tools, materials and expenses
2. Expenses
c. Payment dates

Art. 327c

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

2 Where an employee regularly incurs expenses in the performance of his contractual obligations, the employer must pay him an advance against such expenses at regular intervals but not less frequently than every month.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VII. Protection of the employee’s personality rights
1. In general

Art. 328

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

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

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

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

[122](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8619) Amended by Annex No 3 to the FA of 24 March 1995 on Gender Equality, in force since 1 July 1996 ([AS **1996** 1498](eli/oc/1996/1498%5F1498%5F1498/en);[BBl **1993** I 1248](eli/fga/1993/1%5F1248%5F1163%5F987/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VII. Protection of the employee’s personality rights
2. Shared household

Art. 328a

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

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

3 The employer has the same obligations in the event that an employee is pregnant or gives birth.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VII. Protection of the employee’s personality rights
3. When handling personal data

Art. 328b123

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

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

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

[125](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8690) Second sentence amended by Annex 1 No II 18 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 ([AS **2022** 491](eli/oc/2022/491/en);[BBl **2017** 6941](eli/fga/2017/2057/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
1. Days off work126

Art. 329

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

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

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

4 When determining time off work, due account is to be taken of the interests of both employer and employee.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
2. Holidays
a. Annual entitlement

Art. 329a

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

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

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

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

[128](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8776) Repealed by No I of the FA of 16 Dec. 1983, with effect from 1 July 1984 ([AS **1984** 580](eli/oc/1984/580%5F580%5F580/en);[BBl **1982** III 201](eli/fga/1982/3%5F201%5F177%5F161/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
2. Holidays
c. Consecutive weeks, timing

Art. 329c

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

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

[135](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e8966) Amended by No I of the FA of 16 Dec. 1983, in force since 1 July 1984 ([AS **1984** 580](eli/oc/1984/580%5F580%5F580/en);[BBl **1982** III 201](eli/fga/1982/3%5F201%5F177%5F161/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
2. Holidays
d. Salary

Art. 329d

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

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

3 If while on holiday, the employee carries out paid work for a third party which harms the employer’s legitimate interests, the employer may refuse to pay the salary due for the holidays concerned and may reclaim any salary already paid.
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
3. Leave for extracurricular youth work

Art. 329e136

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

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

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

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

[136](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9008) Inserted by Art. 13 of the FA of 6 Oct. 1989 on Youth Work, in force since 1 Jan. 1991 ([AS **1990** 2007](eli/oc/1990/2007%5F2007%5F2007/en);[BBl **1988** I 825](eli/fga/1988/1%5F825%5F777%5F641/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
4. Maternity leave

Art. 329f137

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

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

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

[138](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9074) Inserted by No II of the FA of 18 Dec. 2020, in force since 1 July 2021 ([AS **2021** 288](eli/oc/2021/288/en);[BBl **2019** 141](eli/fga/2019/9/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
5. Paternity leave

Art. 329g139

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

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

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

[139](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9095) Inserted by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Employment and Caring for Family Members, in force since 1 Jan. 2021 ([AS **2020** 4525](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
6. Leave to care for family members

Art. 329h140

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

[140](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9127) Inserted by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Employment and Caring for Family Members, in force since 1 Jan. 2021 ([AS **2020** 4525](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
7. Leave to care for a child whose health is seriously impaired by illness or accident

Art. 329i141

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

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

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

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

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

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

[142](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e9179) [SR **834.1**](eli/cc/1952/1021%5F1046%5F1050/en)
Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
C. Obligations of the employer
VIII. Days off work, holidays, and leave
8. Adoption leave

Art. 329j143

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

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

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

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

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

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

Art. 330

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

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

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

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

Art. 330a

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

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