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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 January 2022)

Art. 321e

VI. Em­ploy­ee’s li­ab­il­ity

 

1 The em­ploy­ee is li­able for any dam­age he causes to the em­ploy­er wheth­er wil­fully or by neg­li­gence.

2 The ex­tent of the duty of care owed by the em­ploy­ee is de­term­ined by the in­di­vidu­al em­ploy­ment con­tract, tak­ing due ac­count of the oc­cu­pa­tion­al risk, level of train­ing and tech­nic­al know­ledge as­so­ci­ated with the work as well as the em­ploy­ee’s aptitudes and skills of which the em­ploy­er was or should have been aware.