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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.