Facts
Mr. was hired as a mason by the temporary employment agency [T. SA] in May 1994. On January 14, 1995, Mr. fell ill and his work capacity became null from January 17, 1995. [T. SA] terminated Mr.'s employment contract effective April 30, 1995.
Mr. sued [T. SA] for the payment of 61,236 francs, corresponding to the difference between the 720-day coverage provided for by the National Collective Agreement for the main construction sector in Switzerland (CN) and the 180-day coverage provided for in his individual employment contract.
The cantonal courts dismissed Mr.'s claim, considering that the employer had validly terminated the employment contract and that its obligations could not extend beyond the 180-day coverage provided for in the individual contract.
Considerations
The Federal Tribunal partially upholds Mr.'s appeal. It considers that Art. 20 LSE obliges the temporary employment agency to apply to its temporary workers the provisions of the extended collective agreement concerning wages, including those relating to allowances in the event of incapacity to work due to illness.
Although the employment contract ended on April 30, 1995, the Federal…