Kernrechtsfrage
Whether the clinic's night-duty model falls under the exception to night-work time compensation in Art. 17b(3)(b) ArG.
Extrahierter Entscheid
The exception can apply only if the four-day week with 36 hours is a genuine full-time model for all regular night workers in the business or a clearly separable business unit; it need not also apply to daytime staff.
Extrahierte Begründung
Art. 17b(3)(b) is meant to replace, not abolish, compensation under Art. 17b(2). A purely individualized arrangement or a model that would leave night workers without equivalent compensation is incompatible with the statute. The lower court erred by requiring the same regime for all daytime staff.