Questão jurídica principal
Whether the employer's questionnaire required the employee to decide earlier and thereby violated Art. 335a para. 1 CO by creating unequal notice periods
Decisão extraída
No. The questionnaire was only an administrative instruction for planning and did not amend the contract or prolong the employee's notice period.
Fundamentação extraída
The contractual notice deadline remained 31 March for both parties. Under Art. 321d CO, instructions may organize work but cannot unilaterally change mandatory or contractual notice rules. The employee's response was only a declaration of intent, not a formative termination act.