Kernrechtsfrage
Whether the employees' compensation claims were time-barred under Art. 336b OR despite no notice to the cantonal labour office in a mass layoff.
Extrahierter Entscheid
No. Failure to notify the labour office under Art. 335g OR delays the end of the employment relationship; the 180-day period therefore began later and was met.
Extrahierte Begründung
Art. 335g(4) OR is a substantive rule on the termination date, not a mere procedural rule. To avoid leaving a no-notice employer better off than a late-notice employer and to preserve the purpose of the labour office's intervention, the same consequence as a delayed notice applies: the contract end is postponed. Passive conduct by the employees did not amount to consent to the ordinary termination date.