Kernrechtsfrage
Whether the parties' choice of Chilean law displaced Swiss labor rules for wage, vacation and notice-pay claims.
Extrahierter Entscheid
The chosen Chilean law gave way to Swiss law for those issues because the employer's guarantee to Swiss authorities created an immediate mandatory Swiss obligation enforceable by the employee.
Extrahierte Begründung
Signing the DFAE guarantee to obtain the work authorization bound the employer to local remuneration and working conditions; under Art. 342(2) CO, the employee may directly invoke that public-law obligation. Those Swiss minimum rules are laws of immediate application under Art. 18 LDIP.