Damage Claims Against Employees in Switzerland: When Are You Liable?
Jurilo by Lawise.ai
In an employment relationship, it can happen that an employee causes damage to the employer — whether through negligence, breach of the duty of care, or even intentionally. But when is an employee actually liable for damage? What legal requirements apply in Switzerland? And how high can a claim for damages be?
In this article, you will learn when damage claims against employees are permissible, what limits apply, and how courts assess such cases.
Principle: Employee liability (Art. 321e CO)
The legal basis for damage claims against employees is found in:
Art. 321e CO
It states that the employee is liable for damage caused to the employer intentionally or negligently. However, liability is not unlimited — it depends on the degree of fault, the nature of the work, and the risk associated with the activity.
Requirements for damage claims against employees
For an employee to be held liable, the following conditions must be met:
1. Breach of contract or duty
The employee must have violated an employment-related duty — for example through improper operation of machinery, failure to comply with safety regulations, or unjustified absence from work.
2. Damage
The employer must have suffered a concrete financial loss — for example repair costs, lost profits, or contractual penalties payable to third parties.
3. Causal link
There must be a direct causal connection between the breach of duty and the damage incurred.
4. Fault
The employee must have caused the damage intentionally or negligently. In cases of minor negligence, liability is severely limited.
Degrees of fault and employee liability
The extent of liability depends on the degree of fault:
Minor negligence: e.g. a momentary lapse → usually no or very limited liability
Medium negligence: e.g. repeated carelessness → partial liability possible
Gross negligence: e.g. serious disregard of regulations → full liability possible
Intent: e.g. theft or sabotage → full liability, possibly also criminal consequences
Consideration of role and risk
When assessing liability, courts take into account:
- the employee’s education and experience
- the nature of the activity (e.g. high-risk or simple tasks)
- the employer’s organizational setup (e.g. unclear instructions, lack of supervision)
Example: An apprentice is held to a less strict standard than an experienced department manager.
Deducting damages from salary – what is permitted?
According to Art. 323b para. 2 CO, the employer may offset damage claims only against the attachable portion of the salary — unless the damage was caused intentionally. In that case, unlimited offsetting is permitted.
Liability for IT errors / data loss / operational mistakes
Even in the case of IT errors (e.g. data deletion, misconfiguration), employees are liable only in cases of gross negligence or intent.
Burden of proof in damage claims
The employer must prove:
- that damage has occurred
- that the employee culpably caused the damage
- that a causal link exists
Without clear evidence, a damage claim cannot be enforced.
Limitation period
Damage claims arising from the employment relationship generally become time-barred after 10 years (Art. 127 CO). In cases of intentional damage, the limitation period may be longer under certain circumstances.
Conclusion
In Switzerland, employees are only liable for damages if they culpably caused them. Liability is limited and depends on the individual circumstances of the case. Employers should carefully document damage claims, while employees should not simply accept unjustified claims but have them reviewed legally.
👉 Is your employer claiming damages?
Jurilo checks whether the claim is legally permissible — structured and legally sound.
See also:
Salary clawback by the employer – when permitted?
Termination after a workplace conflict – legal assessment
Basics: Employee duties under the employment contract (CO)
FAQs on damage claims against employees
When is an employee liable for damage?
If they cause damage to the employer through intentional or negligent behavior — for example through breach of duty, violation of the duty of care, or misconduct.
Do I have to be liable for every mistake?
No. In cases of minor negligence (e.g. momentary lapses), employees are generally not liable or only to a very limited extent.
What is the difference between negligence and intent?
Negligence means acting carelessly. Intent means deliberately causing damage — for example through sabotage or theft.
How high can a damage claim be?
This depends on the degree of fault, the employee’s role, and the amount of damage. In cases of gross negligence or intent, the full amount of damage may be claimed.
Can the employer simply deduct the damage from my salary?
Only within the statutory limits for offsetting. The non-attachable portion of the salary is protected — except in cases of intentionally caused damage.
What if I did not cause the damage alone?
In that case, liability may be apportioned — for example where other employees contributed to the damage or where organizational deficiencies exist.
Does the employer have to prove the damage?
Yes. The employer bears the full burden of proof for damage, breach of duty, causation, and fault.
Can I challenge a damage claim?
Yes. You can dispute the claim and require the employer to substantiate it. In the event of a dispute, the labor court or conciliation authority will decide.
Is there a limitation period?
Yes. Damage claims arising from the employment relationship generally become time-barred after 10 years.
What should I do if I receive an unjustified claim?
Seek legal advice and respond in writing. Do not accept salary deductions without having the claim reviewed. If necessary, contact the labor dispute conciliation authority.
