Question juridique clé
Whether the employer breached its duty to inform the employee of the 30-day deadline to request transfer to individual insurance under Art. 331(4) CO.
Solution extraite
Yes. The employer had to inform the employee of the deadline because the insurance arrangement deviated from the ordinary rule and the employee could otherwise believe coverage continued after employment ended.
Motifs extraits
The court held that Art. 331(4) CO requires the employer to provide necessary information enabling the employee to preserve rights. Since the policy ended benefits upon termination and the employee was not told of that specific consequence or the transfer deadline, the notice was insufficient.