Kernrechtsfrage
Whether the 28 July 2003 settlement was void under Art. 341 OR as an unlawful waiver of mandatory employment claims
Extrahierter Entscheid
The settlement was valid because it was concluded after the employment relationship had фактически ended and outside the protected period of Art. 341 OR.
Extrahierte Begründung
The protection under Art. 341 OR lasts only while the employment relationship subsists and for one month after its factual end. Since the employee was no longer in a subordinate employment relationship when the settlement was signed, the waiver was not protected by Art. 341 OR.