Facts
The dispute was between X., a former trader, and N. Bank (Switzerland) SA. X. had benefited from a profit-sharing plan implemented by the employer, providing for the allocation of company shares under certain conditions, including the maintenance of the employment contract. After resigning, X. claimed payment of the shares that had been allocated to him but whose blocking period had not yet expired. The employer refused this payment, invoking the conditions of the profit-sharing plan.
Considerations
The Federal Tribunal ruled that the conditions of the profit-sharing plan were valid and enforceable against X. Indeed, the sums allocated under this plan did not constitute an element of the salary within the meaning of Art. 322 para. 1 CO, but an ancillary and secondary gratuity in relation to the overall remuneration. Therefore, Art. 323b para. 3 CO, which prohibits agreements on the use of salary in the employer's interest, did not apply.
The Tribunal also considered that the conditions of the profit-sharing plan, including a blocking period and the maintenance of the employment contract, did not…