Facts
On 17 November 2003, the plaintiff [X.] concluded a contract with the defendant [Y. AG] , which was designated as an "Individual Employment Contract pursuant to CO, Art. 319 et seq.". According to this contract, [X.] was to work as a "Financial and Business Advisor" for [Y. AG] . The contract was later replaced with a new contract effective 1 January 2004, the only significant difference being an increase in the base salary from CHF 2'500 to CHF 4'000 per month.
By letter dated 6 August 2004, [Y. AG] terminated the contractual relationship without notice. [X.] then filed a claim for payment of CHF 30'000 gross plus interest. The Labour Court ordered the defendant to pay CHF 26'243.70 net, but the Cantonal Court of St. Gallen overturned this judgment and did not enter into the claim, as it qualified the contractual relationship as a mandate or agency contract and not as an employment contract.
Considerations
The Federal Supreme Court confirmed the classification of the contractual relationship as a mandate or agency contract and dismissed the plaintiff's appeal. The decisive factor was that the plaintiff's activities were largely independent and there was no obligation to follow instructions or integration into a foreign work organization. Elements such as a…