Facts
The dispute opposes S., the employee, to F., the employer. The employer dismissed the employee with immediate effect without just cause. The central question is whether the employee's salary claim becomes immediately enforceable or whether it continues to be due at the normal deadlines set by the contract.
Considerations
The Federal Tribunal considers that the immediate dismissal without just cause of the employee by the employer terminates the employment relationship in fact, but not in law. The employer therefore remains obliged to pay the salary until the expiration of the fixed-term contract or, failing that, until the expiration of the notice period.
However, contrary to the employer's argument, the salary to which the employee is entitled does not continue to be due at the normal deadlines set by the contract. Pursuant to Art. 339 para. 1 CO, "at the end of the contract, all claims arising from it are due". This article applies whether the contract has ended normally or prematurely, in…