Kernrechtsfrage
Whether the notice period under Art. 336c para. 2 OR must be determined by backward counting from the contractual end date.
Extrahierter Entscheid
The notice period must still be determined by backward counting from the end date; the contrary reading in BGE 131 III 467 is not a change of case law.
Extrahierte Begründung
The purpose of Art. 336c OR is best achieved by preserving the employee's ability to search for a new job during the final phase of employment. The Court found no serious reasons to abandon the established backward-counting method and emphasized that later case law and prevailing doctrine support it.