OR Art. 362 -

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. 362 OR from 2024

Art. 362 Provisions from which no derogation is permissible to the detriment of the employee

¹ It is not permissible to derogate from the following provisions to the detriment of the employee by individual agreement, standard employment contract or collective employment contract: ⁽¹⁾ Article 321e: (employee’s liability);Article 322a: paragraphs 2 and 3 (share in the business results);Article 322b: paragraphs 1 and 2 (entitlement to commission);Article 322c: (statement of commission);Article 323b: paragraph 1, second sentence (salary statement);Article 324: (salary where employer fails to accept work);Article 324a: paragraphs 1 and 3 (salary where employee is prevented from working);Article 324b: (salary where employee has compulsory insurance);Article 326: paragraphs 1, 3 and 4 (piece work);Article 326a: (piece work rates);Article 327a: paragraph 1 (reimbursement of expenses in general);Article 327b: paragraph 1 (reimbursement of expenses for motor vehicles);Article 327c: paragraph 2 (advances for expenses);Article 328: (protection of the employee’s personality rights in general);Article 328a: (protection of personality rights of employees living in the employer’s household);Article 328b: (protection when handling personal data); ⁽²⁾ Article 329: paragraphs 1, 2 and 3 (days off work);Article 329a: paragraphs 1 and 3 (holiday entitlement);Article 329b: paragraphs 2 and 3 (reduction of holiday entitlement);Article 329c: (consecutive weeks and timing of holidays);Article 329d: paragraph 1 (holiday pay);Article 329e: paragraphs 1 and 3 (leave for youth work); ⁽³⁾ Article 329f: (maternity leave); ⁽⁴⁾ Article 329g: (parental leave); ⁽⁵⁾ Article 329g^bis: (leave in the event of the mother’s death) ⁽⁶⁾ Article 329h: (leave to care for family members); ⁽⁷⁾ Article 329i: (Leave to care for a child whose health is seriously impaired by illness or accident); ⁽⁸⁾ Article 329j: (Adoption leave); ⁽⁹⁾ Article 330: paragraphs 1, 3 and 4 (security);Article 330a: (reference);Article 331: paragraphs 3 and 4 (contributions and information for employee benefits);Article 331a: (beginning and end of insurance cover); ⁽¹⁰⁾ ... ⁽¹¹⁾ Article 332: paragraph 4 (remuneration for inventions);Article 333: paragraph 3 (liability in the event of transfer of employment relationships);Article 335c: (notice periods) ⁽⁷⁾ Article 335i: (duty to negotiate in order to conclude a social plan) ⁽¹³⁾ Article 335j: (preparation of the social plan by an arbitral tribunal) ⁽¹³⁾ Article 336: paragraph 2 (wrongful termination by the employer);Article 336c: (termination by the employer at an inopportune juncture);Article 337a: (termination with immediate effect because salary is at risk);Article 337c: paragraph 1 (consequences of termination without just cause);Article 338: (death of the employee);Article 338a: (death of the employer);Article. 339b: (Requirements for severance allowance);Article. 339d: (benefits in lieu);Article. 340: paragraph 1 (Requirements for prohibition of competition);Article. 340a: paragraph 1 (restrictions on prohibition of competition);Article. 340c: (extinction of prohibition of competition);Article. 341: paragraph 1 (no right of waiver);Article. 345a: (obligations of the master ⁽¹⁵⁾ );Article. 346a: (certificate of apprenticeship);Article. 349a: paragraph 1 (commercial traveller’s salary);Article. 349b: paragraph 3 (payment of commission);Article. 349c: paragraph 1 (salary where prevented from travelling);Article. 349e: paragraph 1 (commercial traveller’s lien);Article. 350a: paragraph 1 (commission on termination of the employment relationship);Article. 352a: paragraph 3 (home worker’s liability);Article. 353: (acceptance of completed work);Article. 353a: (payment of salary);Article. 353b: paragraph 1 (salary where home worker is prevented from working). ⁽¹⁶⁾

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 employee is void.