Employer Obligation to Pay Full Wages During Sickness Benefit Waiting Period

The court confirmed the obligation of an employer to pay full wages for a 30-day waiting period before sickness benefits commenced, even though the employer claimed an agreement existed based on the Bern Scale for extended wage replacement. The reasoning centered on the principle that an agreement expanding the statutory obligation for continued wage payment under Article 324a of the Code of Obligations is permissible without a specific form; since the employer deducted premiums for sickness benefits insurance and received benefits covering the statutory waiting period, this implied an agreement to provide better conditions, obligating the employer to cover the wages for the uninsured waiting period as no written agreement stipulated otherwise.