Key legal question
Whether the 27 June 2003 document was a valid mutual termination agreement excluding Art. 336c CO protection.
Extracted holding
The parties had not clearly and concordantly agreed to end the employment by mutual consent; the document was not a valid severance agreement.
Extracted reasoning
The Federal Supreme Court upheld the cantonal finding on the facts and held that the ordinary pregnancy protection regime applied. A genuine settlement requires unequivocal mutual intent and reciprocal concessions; here the employer's release from work was far less significant than the employee's waiver of salary rights.