Facts
X. (hereinafter: Plaintiff 1) was employed by A. AG (hereinafter: Defendant) as a sales director. The employment contract provided for a probationary period of more than three months, which is legally inadmissible. On August 17, 2000, the Defendant terminated the employment contract effective August 24, 2000. Plaintiff 1 and the public unemployment insurance fund of the Canton of Aargau (hereinafter: Plaintiff 2) filed a lawsuit against the Defendant with the aim of obliging it to pay wage claims.
The Cantonal Court of Schwyz obliged the Defendant to pay wage claims to Plaintiff 1 and Plaintiff 2. The Plaintiffs have appealed against the judgment of the Cantonal Court.
Considerations
The Federal Supreme Court dismisses the appeal. It finds that the parties wanted the shortest possible notice period until the end of August 2000, but the contractual agreement of a probationary period of more than three months is illegal. In such cases, the subsidiary statutory notice period of one month must be applied, not the longer period agreed for the time thereafter.
Furthermore, the Federal Supreme Court states that the notice period always begins to run with the service of the notice or on the following day and ends on the corresponding day of the month corresponding…