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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. 337d

c. Fail­ure to take up post and de­par­ture without just cause

 

1 Where the em­ploy­ee fails to take up his post or leaves it without no­tice without good cause, the em­ploy­er is en­titled to com­pens­a­tion equal to one-quarter of the em­ploy­ee’s monthly salary; in ad­di­tion he is en­titled to dam­ages for any fur­ther losses.

2 Where the em­ploy­er has suffered no losses or lower losses than the value of the com­pens­a­tion stip­u­lated in the pre­vi­ous para­graph, the court may re­duce the com­pens­a­tion at its dis­cre­tion.

3 Where the claim for dam­ages is not ex­tin­guished by set-off, it must be as­ser­ted by means of leg­al ac­tion or debt en­force­ment pro­ceed­ings with­in 30 days of the fail­ure to take up the post or de­par­ture from it, fail­ing which it pre­scribes.200

4 ...201

200Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 (AS 1988 1472; BBl 1984 II 551).

201Re­pealed by No I of the FA of 18 March 1988, with ef­fect from 1 Jan. 1989 (AS 1988 1472; BBl 1984 II 551).