Questione giuridica chiave
Whether the employee had a right to salary during incapacity under Art. 324a CO despite the short duration of employment and the contract terms.
Decisione estratta
No salary claim arose for the first three months of service under the statutory regime, but the contract clause created an insufficiently precise, yet employee-protective, assurance that justified payment according to the basic statutory scheme once sickness cover was assumed.
Motivazione estratta
A fixed-term or indefinite contract with a notice period not exceeding three months is not, by itself, a contract for more than three months. However, the contract clause on insurance could be read by the employee as covering sickness loss of earnings, and the employer's failure to take out the promised insurance could not be used against her. Under the first year of service, she was entitled to three weeks' salary, i.e. until 30 April 2003.