Fachanwalt SAV Arbeitsrecht Practice Questions - Fachanwalt SAV Fachanwältin SAV Arbeitsrecht (Avocat Spécialiste FSA Droit Du Travail) Exam

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A graduate begins working at an architectural firm on a complex project with the explicit knowledge and daily supervision of the managing partner, although no written employment agreement was signed and remuneration was never discussed. How is this situation assessed under Art. 320 Abs. 2 OR?

No contract exists because consensus on essentialia negotii (salary) was not reached under Art. 1 OR The relationship is deemed an unpaid internship until the parties execute a formal written agreement An employment contract is deemed concluded tacitly (konkludent), and the employer is obligated to pay customary remuneration The graduate is entitled only to unjust enrichment claims (Bereicherungsanspruch Art. 62 OR) without employee protection rights

Correct Answer:

An employment contract is deemed concluded tacitly (konkludent), and the employer is obligated to pay customary remuneration

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