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

Art. 322b

3. Com­mis­sion

a. En­ti­tle­ment

 

1 Where the em­ploy­ee is by con­tract en­titled to com­mis­sion on par­tic­u­lar trans­ac­tions, his en­ti­tle­ment is es­tab­lished as soon as the trans­ac­tion with the third party enters in­to force.

2 In the case of trans­ac­tions in­volving per­form­ance in in­stal­ments and in­sur­ance policies, it may be agreed in writ­ing that such en­ti­tle­ment arises as each in­stal­ment falls due or is per­formed.

3 The en­ti­tle­ment to com­mis­sion lapses sub­sequently if through no fault of his the em­ploy­er fails to carry out the trans­ac­tion or the third party fails to ful­fil his ob­lig­a­tions; in the event of only par­tial per­form­ance, the com­mis­sion is re­duced pro­por­tion­ately.