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

Art. 321a

II. Duty of care and loy­alty

 

1 The em­ploy­ee must carry out the work as­signed to him with due care and loy­ally safe­guard the em­ploy­er’s le­git­im­ate in­terests.

2 He must use the em­ploy­er’s ma­chinery, work tools, tech­nic­al equip­ment, in­stall­a­tions and vehicles in the ap­pro­pri­ate man­ner and treat them and all ma­ter­i­als placed at his dis­pos­al for the per­form­ance of his work with due care.

3 For the dur­a­tion of the em­ploy­ment re­la­tion­ship the em­ploy­ee must not per­form any paid work for third parties in breach of his duty of loy­alty, in par­tic­u­lar if such work is in com­pet­i­tion with his em­ploy­er.

4 For the dur­a­tion of the em­ploy­ment re­la­tion­ship the em­ploy­ee must not ex­ploit or re­veal con­fid­en­tial in­form­a­tion ob­tained while in the em­ploy­er’s ser­vice, such as man­u­fac­tur­ing or trade secrets; he re­mains bound by such duty of con­fid­en­ti­al­ity even after the end of the em­ploy­ment re­la­tion­ship to the ex­tent re­quired to safe­guard the em­ploy­er’s le­git­im­ate in­terests.