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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 30 March 1911 (Status as of 1 July 2021)

Art. 326

V. Piece work

1. Work al­loc­a­tion

 

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.