220
ORCO
CH
CH
Art. 327 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo decimo: Del contratto di lavoro; Capo primo: Del contratto individuale di lavoro; C. Obblighi del datore di lavoro; VI. Utensili, materiale e spese; 1. Utensili e materiale
Art. 327 CO
Salvo accordo o uso contrario, il datore di lavoro deve fornire al lavoratore gli utensili e il materiale di cui ha bisogno per il lavoro.
Se, d’intesa con il datore di lavoro, il lavoratore mette a disposizione utensili o materiale per l’esecuzione del lavoro, egli deve essere adeguatamente indennizzato, salvo accordo o uso contrario.
Decisioni giudiziarie che applicano questa disposizione (34)
SCBES.2024.69 · so (Art. 327 OR)
Debtor's Appeal for Subsistence Level Revision Following Relocation Abroad
Cited in the reasoning concerning the employer's duty to equip the employee, which was used in the analysis leading to the ultimate dismissal of the appeal.
200 2024 13 · be (Art. 327 des Schweizerischen Obligationenrechts (OR))
Determination of Employment Status for Mandatory Occupational Pension Insurance
Cited in the reasoning to support the point that agreements on the provision of materials are possible within an employment relationship.
C/6517/2017 · ge (art. 327 CO)
Labor Dispute Over Termination Pay and Laptop Reimbursement
Used to determine that the laptop was a work tool whose full purchase price could not be claimed back, leading to the annulment of the order for payment and replacing it with an order for restitution.
C/26884/2018 · ge (art. 327 a al. 1 CO)
Employee Appeal: Mileage Recalculation, Dismissal Compensation Annulled, Damages Rejected
Cited in the reasoning regarding the employer's obligation to reimburse expenses incurred by the employee for the execution of work, which forms the basis for the indemnities awarded (kilometric and parking fees).
C/26884/2018 · ge (art. 327 b al. 1 CO)
Employee Appeal: Mileage Recalculation, Dismissal Compensation Annulled, Damages Rejected
Cited in the reasoning concerning the right to reimbursement for using one's own vehicle for work, forming the basis for the kilometric indemnity awarded.
102 2021 188 · fr (Art. 327 CO)
Employee v. Employer: Work Clothing Reimbursement Dispute
This provision served as the legal basis applied for granting the claim regarding the cost of work clothes, which was admitted in the final order.
C/6489/2018 · ge (art. 327 al. 1 CO)
Employee Dismissal Validity and Compensation Appeal
Cited in the reasoning concerning the imperative nature of the rule requiring the employer to reimburse professional expenses, overriding contrary contractual clauses.
SCBES.2021.27 · so (Art. 327 OR)
Debtor Appeal on Subsistence Minimum Calculation and Enforcement Stay
Cited in the reasoning (which informs the decision) regarding the employer's duty to provide necessary equipment for work.
LE190068 · zh (Art. 327 Abs. 1 OR)
Cross-border Divorce: Jurisdiction, Custody, and Financial Support
Outlines the employer's obligation to provide necessary equipment and materials for work.
C/24377/2018 · ge (art. 327 al. 2 CO)
Employee Reimbursement for Mandatory GPS System
The court considered whether the employer had to indemnify the employee for providing the work instrument.
C/20608/2016 · ge (art. 327 al. 1 CO)
Employee Overtime and Housing Compensation Appeal
Cited as the legal basis for the employer's duty to reimburse expenses incurred for the execution of work, which is examined in relation to the housing cost claim.
LA160031 · zh (Art. 327 Abs. 2 OR)
Employment Dispute: Retaliatory Termination, Unpaid Profit Sharing, and Jurisdictional Limits
This provision was discussed in the reasoning regarding the return of the phone number, although the court ultimately found no right based on contract law (which implicitly rejected an application based on Art. 327 al. 2 OR for equipment).
ZKBER.2016.101 · so (Art. 327 Abs. 1 OR)
Marital Protection Appeal: Spousal Support Calculation Modified
Cited by the appellant but dismissed by the court when rejecting the argument concerning the allocation of car costs for the husband's commute.
16.2014.63 · ti (art. 327 cpv. 3 lett. b CO)
Employee Bonus Dispute After Maternity Leave Termination
Cited as the basis allowing the appellate court to rule on the merits after accepting the appeal.
16.2015.34 · ti (art. 327 cpv. 2 lett. b CO)
Employee Sick Leave Extends Notice Period for Final Wages
Cited as the procedural ground allowing the appellate court to rule on the merits of the case directly after accepting the appeal.