Facts
In July 2003, X. SA, a temporary employment agency, hired [Y.] as an employee. The contract stipulated that X. SA would apply the provisions of the extended collective labor agreement (CLA) of the secondary sector regarding salary and working hours. X. SA had taken out a collective daily sickness allowance insurance policy with A. SA for its temporary personnel. The insurance contract excluded the insured's right to transfer from the collective to the individual insurance, except for the unemployed. After the termination of his employment contract, [Y.], not being unemployed, was unable to request the transfer to the individual insurance. He was then completely incapable of working for a period and brought an action against X. SA to obtain the payment of daily sickness allowance. The Cantonal Court ordered X. SA to pay allowances to [Y.], considering that the company had violated the obligations arising from the CLA by not offering him the free passage to the individual insurance.Considerations
The Federal Tribunal upheld the appeal of X. SA and rejected Y.'s claim.
According to the Federal Tribunal, the contractual obligation to guarantee the free passage from the collective to the individual insurance does not constitute a provision concerning salary within the meaning of Art. 20 para. 1 of the…