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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. 330
IX. Other duties
1. Security
1 Where the employee furnishes security for performance of his obligations under the employment contract, the employer must keep it separate from his own assets and guarantee its safekeeping.
2 The employer returns such security at the latest at the end of the employment relationship unless the date of its return has been deferred by written agreement.
3 Where the employer asserts claims arising from the employment relationship and these are contested, he may retain the security until they are resolved but must at the employee’s request deposit any retained security with the court.
4 In the event of the employer’s bankruptcy, the employee may demand the return of the security kept separate from the employer’s own assets, subject to any claims of the latter arising from the employment relationship.