The non-payment or late payment of remuneration by an employer does in principle - and particularly if repeated - constitute “just cause” for termination of the contract.
According to Article 337c. 2 of the Swiss Code of Obligations (CO), the employee must permit a set-off against the amount of compensation for what he saved because of the termination of the employment relationship, what he earned from other work, or what he has intentionally failed to earn.Facts/Procedure
Ermin Zec (the Player, the Respondent) claims outstanding salaries to Balikesirspor FC (the Club, the Appellant) and a compensation for breach of Contract.
On 23 January 2015, the Parties entered into an employment Contract valid as from the date of signing until 31 May 2018. Clause 3 of the Contract governed the Player’s remuneration and bonuses. The Player’s obligations were governed mainly by Clause 6 and 7.
On 5 May 2015, the counsel of the Player, acting on behalf of the Player, sent a default letter to the Club, claiming that the Club had defaulted on its payment of the Player’s salaries for February, March and April 2015 in the amount of EUR 150,000, and requesting payment of the said salaries on or before 12 May 2015.
By fax letter of 7 May 2015, the counsel of the Player, acting on behalf of the Player and acknowledging receipt of EUR 15,000 from the Club requested the Club to...
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