Art. 321 Bundesgesetz vom 30. März 1911 betreffend die Ergänzung des Schweizerischen Zivilgesetzbuches (OR)

C/6407/2016 · ge (art. 321 CO)

Employee Damages and Bonus Dispute

The violation of contractual obligations referred to in this article grounds the employee's liability.

16.2021.30 · ti (art. 321*d* CO)

Publisher Fined for Unlicensed Personnel Leasing and Wage Discrepancy

Cited in the reasoning concerning the general directive powers of the employer.

12.2021.126 · ti (art. 97, 101, 321 e cpv. 2 e 398 cpv. 1 CO)

Insurance Broker Negligence in Advising Coverage

These articles underpinned the lower court's finding of liability (negligent fulfillment of the mandate) which was upheld by rejecting the appeal.

C/19388/2020 · ge (art. 321*d* CO)

Employee Wage Dispute Following Workplace Transfer Refusal Post-Mobbing Allegations

Cited as a legal basis concerning the employer's power of directive, relevant to the successful argument that modifying the workplace required a change-of-contract notice (congé-modification).

C/16486/2017 · ge (Art. 321 CO)

Job Abandonment vs. Unjustified Dismissal

Cited in the reasoning section as the legal basis for the employee's obligation to work.

C/13585/2016 · ge (art. 321 d CO)

Labor Dispute: Commissions, Wrongful Termination, and Pension Overpayment Counterclaim

Cited in the reasoning regarding the prohibition of the employer infringing the employee's personality rights through directives.

C/21230/2016 · ge (Art. 321 CO)

Employee Wage Dispute and Abusive Dismissal Following Corporate Acquisition

Cited in the reasoning concerning the protection against depriving the worker of variable remuneration upon termination.

16.2016.56 · ti (art. 321*a* CO)

Heir Reimbursement Denial Against Attorney Mandatary Upheld

Cited in the reasoning (Considerand 5a) regarding the mandatary's duty of diligence and loyalty.

16.2016.56 · ti (art. 321*e* cpv. 1 CO)

Heir Reimbursement Denial Against Attorney Mandatary Upheld

Cited in the reasoning (Considerand 5a) regarding the mandatary's liability for damages caused by negligence or intent.

C/18141/2015 · ge (art. 321 c al. 2 CO)

Employers v. Employee (Geneva CTT-EDom Simulation)

Cited regarding the compensation of overtime by time off.

C/6836/2015 · ge (art. 321 CO)

Domestic Worker Wage and Vacation Indemnity Appeal Involving Agency for Benefit of Others

Cited while discussing the concept of the 'cascade contract' which influenced the ruling on the appellant's active legitimacy to claim wages for her substitutes.

CACIV.2016.88 · ne (Art. 321*c* CO)

Operations Manager Overtime Pay Dispute

Cited in the context of discussing the applicability of overtime rules, although the main application was based on the employment contract and the court's finding that the worker was not a high-level executive.

C/17891/2014 · ge (art. 321*c* CO)

Restaurant Owner Fails to Track Hours, Overtime Compensation Upheld

The court confirmed the previous judgment concerning the payment of overtime wages based on this provision of the Code of Obligations.

A/3417/2014 · ge (Art. 321*c* al. 3 du Code des obligations (CO - RS 220))

Insured's Appeal of Denied Accident Disability Pension Regarding Age Impact and Income Calculation

Cited in the reasoning regarding the proper calculation of overtime pay, which influences the calculation of the non-disability income.

HC.2015.220 · vd (Art. 321 CO)

Employee Wrongful Termination and Unauthorized Salary Deductions Appeal

This article was cited generally in the context of the employee's duty of diligence, which formed part of the reasoning regarding salary deductions.