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

of 30 March 1911 (Status as of 9 February 2023)

Art. 322a

2. Share in the busi­ness res­ults

 

1 Where the em­ploy­ee is by con­tract en­titled to a share in the profits, the turnover or the res­ults of the busi­ness ex­pressed in some oth­er man­ner, such share is cal­cu­lated on the basis of the res­ults for the fin­an­cial year as defined by stat­utory pro­vi­sion and gen­er­ally re­cog­nised com­mer­cial prin­ciples.

2 The em­ploy­er must fur­nish all the ne­ces­sary in­form­a­tion to the em­ploy­ee or, in his stead, to an ex­pert des­ig­nated by both em­ploy­er and em­ploy­ee or ap­poin­ted by the court and must grant the em­ploy­ee or the ex­pert such ac­cess to the ac­counts as is re­quired for veri­fic­a­tion of the busi­ness res­ults.

3 In ad­di­tion, where a share in the profits of the busi­ness has been agreed, a copy of the profit and loss ac­count must be made avail­able to the em­ploy­ee on re­quest.114

114 Amended by No I 3 of the FA of 23 Dec. 2011 (Fin­an­cial Re­port­ing Law), in force since 1 Jan. 2013 (AS 2012 6679; BBl 2008 1589).