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

¹ A col­lect­ive em­ploy­ment con­tract con­cluded between as­so­ci­ations may stip­u­late that each con­tract­ing party has an ac­tion­able claim against the oth­er parties in the event that they fail to dis­charge their duty to en­sure that the par­ti­cip­at­ing em­ploy­ers and em­ploy­ees abide by the con­tract as re­gards the fol­low­ing mat­ters:

a.

the form­a­tion, nature and ter­min­a­tion of em­ploy­ment re­la­tion­ships, in re­spect of which the claim is for a de­clar­at­ory judg­ment only;

b.

the pay­ment of con­tri­bu­tions to equal­isa­tion funds or oth­er in­sti­tu­tions in con­nec­tion with the em­ploy­ment re­la­tion­ship, the rep­res­ent­a­tion of em­ploy­ees with­in busi­nesses and the main­ten­ance of har­mo­ni­ous in­dus­tri­al re­la­tions;

c.

mon­it­or­ing activ­it­ies, the pro­vi­sion of se­cur­ity and con­trac­tu­al pen­al­ties in re­la­tion to the pro­vi­sions set out in let­ters a and b.

² Clauses with­in the mean­ing of the pre­vi­ous para­graph may be agreed where the con­tract­ing parties are ex­pressly au­thor­ised so to do by their art­icles of as­so­ci­ation or res­ol­u­tion passed by their gov­ern­ing body.

³ Un­less oth­er­wise stip­u­lated in the col­lect­ive em­ploy­ment con­tract, the pro­vi­sions gov­ern­ing simple part­ner­ships are ap­plic­able mu­tatis mutandis to re­la­tions between the con­tract­ing parties.