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

Art. 320

II. Cre­ation

 

1 Ex­cept where the law provides oth­er­wise, the in­di­vidu­al em­ploy­ment con­tract is not sub­ject to any spe­cif­ic form­al re­quire­ment.

2 It is deemed to have been con­cluded where the em­ploy­er ac­cepts the per­form­ance of work over a cer­tain peri­od in his ser­vice which in the cir­cum­stances could reas­on­ably be ex­pec­ted only in ex­change for salary.

3 Where an em­ploy­ee per­forms work in good faith for the em­ploy­er un­der a con­tract which is sub­sequently found to be in­val­id, both parties must dis­charge their ob­lig­a­tions un­der the em­ploy­ment re­la­tion­ship as if the con­tract had been val­id un­til such time as one party ter­min­ates the re­la­tion­ship on grounds of the in­valid­ity of the con­tract.