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Art. 344a
2. Conclusion and content 1 An apprenticeship contract is valid only if it is done in writing. 2 The contract must stipulate the nature and duration of the vocational training, the salary, the probation period, the working hours and the holiday entitlement. 3 The probation period must be no less than one month and no longer than three months. Where not stipulated by the parties in the contract, it is three months. 4 By agreement between the parties and with the consent of the cantonal authority, the probation period may exceptionally be extended before its expiry to a final duration of up to six months. 5 The contract may contain other terms, in particular regarding the supply of work tools, contributions towards the costs of board and lodgings, the payment of insurance premiums and other obligations to be performed by the parties. 6 Any agreement restricting the apprentice’s freedom to decide his vocational activities once the apprenticeship is complete is void. BGE
132 III 753 () from 7. September 2006
Regeste: Lehrvertrag (Art. 344 ff. OR) und Unterrichtsvertrag. Abgrenzung zwischen Lehrvertrag und Unterrichtsvertrag (E. 2.1 und 2.2). Lohnanspruch bei Vorliegen eines faktischen Lehrvertrages (E. 2.3 und 2.4). |