Kommentar zum Schweizerischen Zivilrecht. Der Arbeitsvertrag

The displayed volume of individual employment contract law replaces the third edition edited by the same author from 1996. It begins with a commentary on Article 330b of the Swiss Code of Obligations (OR), which came into force only a few years ago, concerning the employer's duty to inform when concluding an employment contract. The article on the rights of the contracting parties regarding inventions and designs created by the employee is partly new and is presented in a comprehensive and careful manner. The commentary gives considerable attention to the topics of the duration of the employment contract and the termination of the employment contract due to ordinary, abusive, or immediate dismissal. In particular, the immediate dismissal of the employee, including mass layoffs influenced by European law, is examined in detail, highlighting the particularly rich case law of the Federal Court and the cantonal courts. The same applies to the articles on contractual non-competition clauses after the termination of the employment contract and on special individual employment contracts. The commentary, which includes numerous references to literature, also provides an outlook on the recently passed restructuring law by the federal councils, which, with various amendments to the OR, also affects employment contract law and is expected to come into force on January 1, 2014, subject to a referendum. The volume concludes with the two articles 361 and 362 of the OR, which concern mandatory provisions of the employment contract and are extremely important for practice.