Key legal question
Whether employer social contributions must be included in the dispute value and therefore within the labor court's jurisdictional limit.
Extracted holding
Employer contributions for AHV/IV, accident insurance, and pension fund are not equivalent to interest, fruits, or costs and must be counted in the dispute value; the labor court could award only the CHF 5,000 claimed.
Extracted reasoning
§ 4(2) ZPO excludes only interest, fruits, and costs as ancillary rights, because they may arise during the proceedings and are often not yet calculable when the action is filed. Social contributions are public-law levies and cannot be treated like such costs. Since the plaintiff limited the claim to CHF 5,000 because of the jurisdictional threshold, the court could only award that amount.