Art. 346 CO; tacit renewal of a fixed-term employment contract; Art. 352 CO; immediate termination for just cause. Art. 346 al. 1 and al. 2 CO govern two distinct situations: mutual tacit prolongation of the contract, which is deemed renewed for the same period but at most for one year, and renewal resulting from the absence of required notice, which is deemed renewed without temporal limitation. Under Art. 352 CO, no rigid rule requires dismissal to follow immediately upon knowledge of the just cause; the decisive factor is whether, in light of all circumstances, the employer’s conduct amounts to waiver. Renewal of the contract despite known serious breaches normally precludes reliance on those breaches as just cause, save possibly as aggravating elements of later misconduct.
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