Questione giuridica chiave
Whether the parties validly terminated the employment contract by mutual agreement on 8 February 2000.
Decisione estratta
The alleged consensual termination was void because the employee waived mandatory wage claims during sickness without reciprocal concessions or a genuine settlement.
Motivazione estratta
Art. 341 CO does not bar a settlement with mutual concessions, but here only the employee renounced claims; the agreement derogated from mandatory sickness-pay protection and was therefore unlawful and null.