Question juridique clé
Whether the employee's remuneration based mainly on commissions was convenable within the meaning of Art. 349a para. 2 CO by analogy.
Solution extraite
A provision-based remuneration paid exclusively or predominantly by commissions must be convenable; here the monthly income of CHF 2,074 net was not convenable.
Motifs extraits
The protective purpose of Art. 349a para. 2 CO applies by analogy to workers paid mainly by commissions, to prevent exploitation through unrealistically low earnings. The employee's full-time pay did not allow a decent living and no insufficiency of his work was established.