Questione giuridica chiave
Whether the employer was bound by the social plan and owed the departure indemnity
Decisione estratta
The social plan formed part of the employment contract under Art. 6 CO and remained applicable to the employee; the employer owed the indemnity.
Motivazione estratta
The plan was communicated to the relevant HR personnel so they could rely on it if their own jobs disappeared. The later shortening of the plan’s validity required express acceptance and was not opposable. No acceptable replacement job was offered before dismissal.