Kernrechtsfrage
Whether overtime from the first contractual period could be compensated against hours not worked in the second period
Extrahierter Entscheid
The employer could not rely on such compensation; the claimed offset was not established and was in any event too late and unsupported.
Extrahierte Begründung
A set-off declaration under Art. 124 CO was not raised below and was therefore new on appeal. As to compensation in kind under Art. 321c al. 2 CO, the collective agreement and the evidence did not show an agreed compensation; the employer had also failed to keep the required records.