Kernrechtsfrage
Whether the employer could offset salary with deductions for minus hours.
Extrahierter Entscheid
The deductions were permissible because the employee had not shown that the missing hours were attributable to the employer or that a duty to continue paying salary arose under the relevant risk rules.
Extrahierte Begründung
In an exchange contract, payment depends on performance; under Art. 324 OR the employer bears the wage risk only where non-performance falls within the employer's risk sphere or there is employer default. The court upheld the factual finding that the employee had received time sheets and vacation statements without protest, so the negative balance was attributable to him.