Questione giuridica chiave
Whether the salary agreement validly included compensation for vacation time
Decisione estratta
No valid waiver or clear salary composition proved; the vacation-pay clause was ineffective.
Motivazione estratta
Under Art. 329d CO, vacation must be paid separately and may be compensated in salary only exceptionally if irregular work makes this necessary and the salary statements clearly show the vacation component. The payslips did not identify any vacation share.