Dismissal of the employee's appeal against the judgment of the Geneva Labour Court concerning a profit-sharing employment contract

Facts

Maurice Georges worked in the hairdressing salon of Karl Kramer from 31 October to 23 December 1978. He claimed in court CHF 525.20, being the difference between what he received (CHF 2,249.75 gross + CHF 135 in holiday pay) and the salary calculated according to the national collective agreement for hairdressers. The Geneva Labour Court dismissed his claim on 27 April 1979. Georges then filed a public law appeal for violation of Art. 4 Cst.

Considerations

The Federal Tribunal dismissed the appeal to the extent that it was admissible. It considered that the contract between the parties did not constitute an employment contract within the meaning of Art. 319 et seq. CO and the collective agreement, but rather a profit-sharing contract or a partnership contract. In such cases, the remuneration method provided for in Art. 28 of the collective agreement was manifestly not applicable. The parties had freely agreed on a collaboration subject to other rules, thereby excluding the application of the collective…