Dismissal of an employee's claim for collocation in insolvency proceedings

Facts

The appellant X. entered the service of a legal predecessor of [Y. AG] on 1 March 1983. In December 1999, [Y. AG] concluded a collective labor agreement including a social plan with the social partners. On 22 September 2002, [Y. AG] was granted provisional debt moratorium. The administrator informed the employees that he would not enter into the employment relationships and any existing social plans.

With a letter dated 30 December 2002, Y. AG "preventively" terminated the employment relationship with the appellant as of 30 April 2003. The appellant filed an objection to the termination, but the parties did not reach an agreement to continue the employment relationship.

After the publication of the call for creditors, the appellant also filed claims from the social plan with the filing of 13 February 2003. On 6 November 2003, the competent court president confirmed the composition agreement concluded by [Y. AG] with its creditors, including the assignment of assets. In the collocation order of November 2006, the appellant's claims from the employment relationship were recognized in the first class in the amount of CHF 35,222.10.

With a claim dated 11 May 2007 and a supplement dated 7 September 2007, the appellant requested the court district Z. in the liquidation of [Y. AG] the recognition of CHF 54,899.10, alternatively CHF 40,297.10 gross in the 1st class. The claim was dismissed by the court president and the High Court of the Canton of Bern.

Considerations

The Federal Supreme Court does not enter into the appeal of the appellant. It finds that the…