Key legal question
Whether art. 21 no. 3 of the hotel and restaurant collective labor agreement applied to the parties' employment contract
Extracted holding
The clause applied because the parties expressly incorporated the collective agreement into the individual employment contract; its enforceability did not depend on Federal Council approval.
Extracted reasoning
A collective agreement binds the parties and may be incorporated contractually. The unpublished objection that only generally binding provisions count was unfounded; art. 21 no. 3 exists and binds contracting parties even if not declared generally binding.