Kernrechtsfrage
Whether the signed final receipt validly waived mandatory vacation pay claims under Art. 341 OR after one month had passed.
Extrahierter Entscheid
The one-month period in Art. 341 OR only defines the time during which the employee cannot waive mandatory claims; it does not require a waiver to be revoked within that period. The waiver in the final receipt remained void.
Extrahierte Begründung
A waiver of mandatory statutory rights is null under Art. 341 OR during employment and for one month after termination. Nothing in the wording or purpose of the provision makes the nullity depend on timely revocation. Any later waiver must be established from conduct meeting the standard of clear implied waiver, which was not shown.