Liability & Law

Your Cleaner Caused Damage: Who's Liable - and What to Do

Broken vases, water stains on parquet, a smashed tablet: accidents happen. But who pays? Swiss employment law protects workers far more than most households expect. Here's when your cleaner is liable - and when the cost is on you.

Maria polishes your shelf and knocks over your CHF 800 vase. Shards everywhere. What now?

Updated: May 2026·Reading time: 7 min

In short

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.

Wage deductions without written consent are prohibited (Art. 323b CO).
Moderate negligence: typically only a 10-30% share, intent: full liability.
An insurance policy often pays: household contents or the cleaner's personal liability.

See the 4 steps after damage

4 typical scenarios

While dusting the shelf, the vase slips from her hand and shatters. Value: CHF 800.

Does the cleaner have to replace the vase?

No. Things can always fall while cleaning - that's slight negligence. For low-wage workers (typical for household help), courts generally rule NO liability. You bear the operational risk as the employer.

Art. 321e CO - slight negligence

Your cleaner texts on her phone during work and drops it into the freshly cleaned toilet. She accidentally drags your tablet in too. Damage: CHF 600.

Is she liable for the tablet?

Possibly in part. Using a personal phone during work shows gross negligence. The court can impose partial liability - but always proportional to the wage and length of employment.

Art. 321e CO - gross negligence

After the cleaning day, a gold ring (CHF 2,500) is missing. The cleaner denies it - but the ring turns up at a pawnshop.

Is she liable for the theft?

Yes, fully. Theft is intentional - the highest level. Full compensation plus criminal consequences (Art. 139 SCC). There is no employee protection here.

Art. 321e CO + Art. 139 SCC - intent

Your cleaner leaves the tap running to fill a bucket and forgets about it. Water flows across the floor for 20 minutes. Parquet damage: CHF 4,000.

Does she have to pay for the parquet?

Partially possible. Forgetting a running tap is moderate negligence. The court weighs: How long has she worked for you? What's her wage? Typical share is 10-30% for low incomes - so CHF 400-1,200 instead of CHF 4,000.

Art. 321e CO - moderate negligence

The Legal Framework: Art. 321e CO

Swiss employment law distinguishes four levels of negligence - and protects employees far more than most employers expect.

Legal FrameworkArt. 321e CO - Employee Liability

The employee is liable for damage caused intentionally or through negligence.

The degree of liability depends on the level of negligence, occupational risk and specific circumstances.

For slight negligence and low wages: generally no liability.

Courts consider: wage level, years of service, complexity of work and precautionary measures taken by the employer.

The employer bears the operational risk - valuable items within reach are their risk.

Wage Deductions for Damage: Prohibited

Many employers want to simply deduct the damage from the wage. This is prohibited in Switzerland. Art. 323b CO protects wage entitlements - a deduction without the employee's written consent is unlawful. A clause in the contract that allows this is also invalid under Art. 362 CO. And: offsetting damage claims against salary is only permitted with explicit consent.

Insurance Coverage: Who Actually Pays?

Mop on wet floor - liability for damages

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). In case of damage, check your policy first - the damage is often covered regardless of who caused it.

CHF 5

per month for personal liability insurance

CHF 800

typical damage (vase, electronics)

CHF 4'000

typical water damage to parquet

10-30%

typical liability share for moderate negligence

Without insurance

•Employer bears full operational risk alone
•For slight negligence: full damage falls on you
•Dispute, legal uncertainty, stress
•No compensation for damage under CHF 2,000

With contents + liability cover

•Household contents insurance covers your movable items
•Cleaner's liability insurance covers damage to third parties
•Fast resolution without employment disputes
•Cover often from CHF 5/month for the cleaner

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 situation together (does she have personal liability insurance?)
Put the employment contract in writing - including house rules
Photograph expensive items (useful for any insurance claim)
Address phone use during work hours in the contract

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.

How to report damage by message

Maria

online

Hello Mrs Smith, I'm afraid I have something to report.

09:14

While dusting the living room today I accidentally knocked over your vase and it broke. I'm really sorry.

09:15

I took photos straight away and cleared everything up. I'm available to talk whenever suits you.

09:15

Thank you for being honest - I really appreciate that. We'll discuss it on the next cleaning day. Please don't worry.

09:22

Message

A properly regulated employment = less stress when damage happens

A proper employment contract, correct registration and clear rules protect both sides. Clino prepares everything - contract, payroll, insurance forms.

Frequently Asked Questions

Can I simply deduct the damage from the wage?

No. A wage deduction without the employee's written consent is prohibited under Art. 323b CO. Even a prior contractual clause doesn't change this (Art. 362 CO).

My cleaner has no liability insurance - what now?

First check your own household insurance. For slight negligence, you as the employer bear the risk anyway. Recommend a personal liability policy to your cleaner - it costs from about CHF 5 per month.

From what amount is a lawyer worthwhile?

For damage under CHF 2,000, legal action is rarely economical. Many insurances cover such amounts. For larger damage or intent, an initial legal consultation is worthwhile.

Does Art. 321e CO also apply to hourly-paid cleaners?

Yes. Art. 321e CO applies to all employment relationships - regardless of whether hourly or monthly pay. Household helpers in private homes are employees under Art. 319 CO.

Can I exclude valuable items in the contract?

You can specify in the employment contract that certain items should not be touched. This reduces your risk - but it doesn't change the statutory liability levels under Art. 321e CO.

Working without a contract?

We help you for free to understand your work situation and get things sorted. Write to us or leave your details — we'll get back to you personally.

orWrite us on WhatsApp