Floor Insulation Contractor Reclassified as Employee Based on Dominant Employment Features

The court confirmed the lower court's classification of a long-term contractual relationship concerning floor insulation and isolation work as an employment contract rather than a contract for work, despite some elements suggesting self-employment, such as the worker covering minor costs and occasionally refusing assignments. The court reasoned that in cases of ambiguity regarding contract qualification, the interpretation favoring an employment relationship (Art. 319 ff. OR) must prevail due to the inherent socio-political objective of protecting the economically weaker party; here, the long duration of the relationship, the primary source of income, the employer's handling of social security contributions and issuance of wage statements, and regular deductions for social benefits tipped the balance toward classifying it as an employment contract, even if the evidence was otherwise closely balanced.