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

¹ Where the em­ploy­er trans­fers the com­pany or a part there­of to a third party, the em­ploy­ment re­la­tion­ship and all at­tend­ant rights and ob­lig­a­tions pass to the ac­quirer as of the day of the trans­fer, un­less the em­ploy­ee re­fuses such trans­fer.¹⁷³

^1bis Where the trans­ferred re­la­tion­ship is gov­erned by a col­lect­ive em­ploy­ment con­tract, the ac­quirer is ob­liged to abide by it for one year un­less it ex­pires or is ter­min­ated soon­er.¹⁷⁴

² In the event that the em­ploy­ee re­fuses the trans­fer, the em­ploy­ment re­la­tion­ship ends on ex­piry of the stat­utory no­tice peri­od; un­til then, the ac­quirer and the em­ploy­ee are ob­liged to per­form the con­tract.

³ The former em­ploy­er and the ac­quirer are jointly and sev­er­ally li­able for any claims of an em­ploy­ee which fell due pri­or to the trans­fer or which fall due between that junc­ture and the date on which the em­ploy­ment re­la­tion­ship could nor­mally be ter­min­ated or is ter­min­ated fol­low­ing re­fus­al of the trans­fer.

⁴ Moreover, the em­ploy­er may not trans­fer the rights arising from an em­ploy­ment re­la­tion­ship to a third party un­less oth­er­wise agreed or dic­tated by the cir­cum­stances.