Foundation for Flexible Retirement v. Limited Liability Company (Collective Agreement Contributions)
Sintesi Legislator
Generato dall'IAA foundation for flexible retirement for the construction industry sued a limited liability company seeking outstanding contributions mandated by a collective labor agreement that governed the industry. The defendant company argued that the contributions were not due because the specific employment relationship in question was not covered by the mandatory extension of the collective agreement, as the relevant collective agreement period had expired before the employment began. The court ruled in favor of the foundation, reasoning that the extension of the collective agreement remained legally binding for the duration of the employment contract, even if the underlying agreement had expired, provided that the contract was concluded during the period when the extension was still in force.
Regesto Legislator
Generato dall'IAFoundation for Flexible Retirement v. Limited Liability Company (Collective Agreement Contributions): The defendant company argued that the contributions were not due because the specific employment relationship in question was not covered by the mandatory extension of the collective agreement, as the relevant collective agreement period had expired before the employment began. The court ruled in favor of the foundation, reasoning that the extension of the collective agreement remained legally binding for the duration of the employment contract, even if the underlying agreement had expired, provided that the contract was concluded during the period when the extension was still in force.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
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\n\n| | | |\n II 2021 55 |\n |\n \n\n
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\n\n| | | |\n |\n Urteil vom 15. Dezember 2021 |\n \n\n
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\n\n| | | |\n Besetzung |\n lic.iur. Achilles Humbel, Präsident |\n \n|\n |\n Dr.oec. Andreas Risi, Richter Dr.iur. Frank Lampert, Richter |\n \n|\n |\n lic.iur. Anna Maria Rüesch, Gerichtsschreiberin |\n \n\n
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|\n Parteien |\n Stiftung für den flexiblen Altersrücktritt im Bauhauptgewerbe (FAR), Obstgartenstrasse 19, 8006 Zürich, \n Klägerin, |\n
\n|\n |\n gegen |\n \n|\n |\n B.________ GmbH, \n Beklagte, \n vertreten durch Rechtsanwalt lic.iur. C.________, |\n \n\n
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