Legislator Case Law & Legislation
11 05 162 1 • KG LU 11 05 162 1 AI generated

Employee's Right to Suspend Work Over Partial Wage Arrears

Case Number 11 05 162 1
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

In a dispute following an ordinary termination of employment concerning claims for extended wages due to incapacity, the appellate court addressed the employer's argument that the employee was not entitled to withhold labor based on a partial wage arrears, analogizing to Article 82 of the Code of Obligations. The court reasoned that an employee is generally entitled to suspend work when the employer defaults on due wage payments, and this right is not contingent on the arrears being substantial, nor is the employer's fault relevant; however, the exercise of this right is subject to the prohibition of abuse of right. Since the outstanding wage amount, though partial, was not insignificant relative to the full salary, the employee's refusal to work was not abusive, thereby obligating the employer to pay the wage despite the lack of performance, pursuant to an analogous application of Article 324 para. 1 of the Code of Obligations.

Legislator headnote

AI generated

Art. 82 OR, Art. 324 Abs. 1 OR; Employee's Right to Suspend Work Over Partial Wage Arrears: The court reasoned that an employee is generally entitled to suspend work when the employer defaults on due wage payments, and this right is not contingent on the arrears being substantial, nor is the employer's fault relevant; however, the exercise of this right is subject to the prohibition of abuse of right. Since the outstanding wage amount, though partial, was not insignificant relative to the full salary, the employee's refusal to work was not abusive, thereby obligating the employer to pay the wage despite the lack of performance, pursuant to an analogous application of Article 324 para. 1 of the Code of Obligations.

Keywords

AI generated
termination of employment right to work obligation to pay incapacity for work partial claim full employment

Cited Legislation

AI generated

Cited Case Law

AI generated
BGE 120 II 212
BGE 120 II 211
BGE 120 II 213
AI generated

Key legal questions extracted by Legislator

AI generated
Art. 82 OR

Cited as the basis for the employee's right to withhold performance due to the employer's default in wage payments.

Art. 324 Abs. 1 OR

Cited as the basis for holding the employer liable to pay the wage despite the lack of counter-performance when the right to withhold performance (Art. 82 OR) was validly exercised.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · I. Kammer Rechtsgebiet: · OR (Obligationenrecht) Entscheiddatum: · 25.04.2006 Fallnummer: · 11 05 162.1 LGVE: · 2006 I Nr. 15 Leitsatz: · Art. 82 und 324a OR. Einrede wegen Rückstands in der Lohnzahlung. Rechtskraft: · Diese Entscheidung ist rechtskräftig.