OR Art. 361 -
Einleitung zur Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 361 OR from 2025
Art. 361 Mandatory Provisions A. Provisions from which no derogation is permissible to the detriment of the employer or the employee
1 It is not permissible to derogate from the following provisions to the detriment of either the employer or the employee by individual agreement, standard employment contract or collective employment contract:Article 321c: paragraph 1 (overtime);Article 323: paragraph 4 (advances);Article 323b: paragraph 2 (set-off against countervailing claims);Article 325: paragraph 2 (assignment and pledge of salary claims);Article 326: paragraph 2 (allocation of work);Article 329d: paragraph 2 and 3 (holiday pay);Article 331: paragraphs 1 and 2 (employee benefits scheme contributions);Article 331b: (assignment and pledge of claims to occupational benefits); (1) ... (2) Article 334: paragraph 3 (termination of long-term employment relationships);Article 335: (termination of employment relationships);Article 335k: (social plan during bankruptcy or composition proceedings) (3) Article 336: paragraph 1 (wrongful termination);Article 336a: (compensation in the event of wrongful termination);Article 336b: (compensation procedure);Article 336d: (termination by the employee at an inopportune juncture);Article 337: paragraphs 1 and 2 (termination with immediate effect for good cause);Article 337b: paragraph 1 (consequences of justified termination);Article 337d: (consequences of failure to take up post or departure without just cause);Article 339: paragraph 1 (maturity of claims);Article 339a: (return);Article 340b: paragraph 1 and 2 (consequences of infringement of the prohibition of competition);Article 342: paragraph 2 (civil law effects of public law);... (4) Article 346: (early termination of apprenticeship contract);Article 349c: paragraph 3 (prevention from travelling);Article 350: (termination in special cases);Article 350a: paragraph 2 (return). (5)
2 Any agreement or clause of a standard employment contract or collective employment contract that derogates from the aforementioned provisions to the detriment of the employer or the employee is void.
(1) Inserted 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]; [BBl 1992 III 533]).
(2) Repealed by Annex No 2 to the FA of 17 Dec. 1993 on the Vesting of Occupational Old Age, Survivors'" and Invalidity Benefits, with effect from 1 Jan. 1995 ([AS 1994 2386]; [BBl 1992 III 533]).
(3) Inserted by the Annex to the FA of 21 June 2013, in force since 1 Jan. 2014 ([AS 2013 4111]; [BBl 2010 6455]).
(4) Repealed by Annex No 5 to the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 ([AS 2000 2355]; [BBl 1999 III 2829]).
(5) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS 1988 1472]; [BBl 1984 II 551]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
