Question juridique clé
Which protective period applies when incapacity for work spans two consecutive service years with different legal durations?
Solution extraite
If incapacity for work begins in the first service year and continues into the second, the longer protective period of the later service year applies, here 90 days, provided the suspended notice period expires in the new service year.
Motifs extraits
The court preferred the majority doctrine and held that Art. 336c CO is governed by the continuing incapacity, not by the date of notice receipt or the start of the new service year. The shorter period cannot be imposed where the legally relevant incapacity extends into the next year and the suspended notice period has not already ended.