Art. 331 Federal Act of 30 March 1911 on the Amendment of the Swiss Civil Code (CO)

CO; Division Two: Types of Contractual Relationship; Title Ten: The Employment Contract; Section One: The Individual Employment Contract; D. Employee benefits provision; I. Obligations of the employer

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Where the employer contributes to a employee benefits scheme {note: Term in accordance with Annex No 2 of the Vested Benefits Act of 17 Dec. 1993, in force since 1 Jan. 1995 ( AS 1994 2386; BBl 1992 III 533).} or the employees make their own contributions, the employer must transfer these contributions to a foundation, a cooperative or a public law institution. Where the employer’s contributions and any made by the employee are used to take out health insurance, personal accident insurance, life assurance, disability insurance or whole life assurance in favour of the employee with a regulated insurance company or a recognised health insurance fund, the employer is not obliged to transfer the contributions as stipulated in the previous paragraph if an independent claim against the insurer would accrue to the employee on the occurrence of the event insured against. Where the employee is obliged to make contributions to a benefits scheme, the employer must simultaneously contribute an amount at least equal to the total contributions of all his employees; he must finance his contributions from his own funds or from contribution reserves held by the fund which have previously been accumulated by the employer for this purpose and are shown separately in the fund’s accounts. The employer must transfer the contribution deducted from the employee’s salary together with his own contribution to the benefits scheme not later than at the end of the first month following the calendar year or insurance year for which the contributions are due. {note: Amended by Annex No 2 to the FA of 3 Oct. 2003 (OPA Revision I), in force since 1 Jan. 2005 ( AS 2004 1677 1700; BBl 2000 2637).} The employer must furnish the employee with the necessary information regarding his rights and entitlements against a benefits scheme or an insurer. {note: Amended by Annex No 2 to the FA of 17 Dec. 1993 on the Vesting of Occupational Old Age, Survivors' and Invalidity Benefits, in force since 1 Jan. 1995 ( AS 1994 2386; BBl 1992 III 533).} At the request of the central office for ‘Pillar 2’ (occupational pension) insurance, the employer must supply any information available to him that might facilitate the location of persons entitled to dormant assets or of the institutions that manage such assets. {note: Inserted by No II 2 of the FA of 18 Dec. 1998, in force since 1 May 1999 ( AS 1999 1384; BBl 1998 V 5569).}

Art. 331 CO

Where the employer contributes to a employee benefits scheme or the employees make their own contributions, the employer must transfer these contributions to a foundation, a cooperative or a public law institution.

Where the employer’s contributions and any made by the employee are used to take out health insurance, personal accident insurance, life assurance, disability insurance or whole life assurance in favour of the employee with a regulated insurance company or a recognised health insurance fund, the employer is not obliged to transfer the contributions as stipulated in the previous paragraph if an independent claim against the insurer would accrue to the employee on the occurrence of the event insured against.

Where the employee is obliged to make contributions to a benefits scheme, the employer must simultaneously contribute an amount at least equal to the total contributions of all his employees; he must finance his contributions from his own funds or from contribution reserves held by the fund which have previously been accumulated by the employer for this purpose and are shown separately in the fund’s accounts. The employer must transfer the contribution deducted from the employee’s salary together with his own contribution to the benefits scheme not later than at the end of the first month following the calendar year or insurance year for which the contributions are due.

The employer must furnish the employee with the necessary information regarding his rights and entitlements against a benefits scheme or an insurer.

At the request of the central office for ‘Pillar 2’ (occupational pension) insurance, the employer must supply any information available to him that might facilitate the location of persons entitled to dormant assets or of the institutions that manage such assets.

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