Your cleaner broke something: who pays, and what to do now
Who pays? Your case in 10 seconds
What happened?
Pick what happened: you see who pays and why.
General guidance under Art. 321e CO, not legal advice. In a dispute, the court decides on the circumstances.
Your cleaner is only liable by degree of fault (Art. 321e CO): for slight negligence and low wages she generally owes nothing, the cost falls on you as the employer or on an insurance policy.
The Legal Framework: Art. 321e CO
Swiss employment law distinguishes four levels of negligence - and protects employees far more than most employers expect.
- 1
The employee is liable for damage caused intentionally or through negligence.
- 2
The degree of liability depends on the level of negligence, occupational risk and specific circumstances.
- 3
For slight negligence and low wages: generally no liability.
- 4
Courts consider: wage level, years of service, complexity of work and precautionary measures taken by the employer.
- 5
The employer bears the operational risk - valuable items within reach are their risk.
Deducting damage from the wage: only within tight limits
Many employers want to simply deduct the damage from the wage. That is only possible within tight limits. First, the claim must exist at all: for slight negligence your cleaner often owes nothing (Art. 321e CO). Second, under Art. 323b para. 2 CO you may only offset it against the attachable part of the wage, meaning what lies above the subsistence minimum under debt-collection law. On a low wage that is often nothing. Only damage caused intentionally may be offset without limit.
Are you the cleaner and being asked to pay for damage? Your rights as a cleaner.
Insurance Coverage: Who Actually Pays?
In most cases, it's not the cleaner who pays - it's an insurance company. Three policies are relevant:
Cleaner's personal liability insurance
Covers damage she causes to third parties - including you as the employer. Most Swiss households have one, but not all cleaners do. Ask.
Your household/building insurance
If damage occurs in your home (e.g., water damage to parquet), your own building or household insurance may cover it - often with an excess.
Household contents insurance
Covers your movable property (vases, electronics, furniture) against fire, water and theft. Something dropped or broken is usually only covered with an add-on. Check your policy.
If your cleaner injures herself at work, none of these policies pays: that falls to the mandatory accident insurance you take out as the employer.
Preventing damage: checklist for employers
Before the first cleaning day
- Move or label valuable items (art objects, heirlooms)
- Give clear instructions: what should be cleaned - and what should not
- Clarify insurance: does she have personal liability cover, and have you taken out your mandatory insurances as an employer?
- Put the employment contract in writing, e.g. with a contract template for cleaners, including house rules
- Photograph expensive items (useful for any insurance claim)
- Address phone use during work hours in the contract
A lost key is damage too. Record the handover with a signed key receipt and you can prove it to the insurer.
4 Steps After Damage
Damage has occurred. Stay calm and proceed systematically:
Document the damage
Take photos, note the time, write a brief description. The quicker, the better for any insurance claim.
Check insurance
Check your household or building insurance. Ask your cleaner if she has personal liability insurance. In many cases, it ends here.
Talk - don't threaten
Speak factually with your cleaner. No wage deductions, no threats. Clarify together what happened. A good working relationship is worth more than a vase.
For major damage: legal advice
For damage over CHF 2,000 or suspected intent: get legal advice before acting. The first consultation with a lawyer is often free or inexpensive.
A broken glass is no ground for summary dismissal, theft is. Why anything in between is better handled with ordinary notice is explained in our guide to dismissing a household employee.