Question juridique clé
Whether the employee was entitled to wage supplements for night and Sunday work under the leasing/work regulations.
Solution extraite
No. The contract was not in writing, so art. 19 LSE applied; no local or professional usage was proven. In addition, the work was not temporary within the meaning of the labor-law provisions relied on, so no statutory supplement was due.
Motifs extraits
The lower court found the night and Sunday work inherent in continuous surveillance. The Federal Court held that the employee did not show any serious argument against that reasoning; the temporary nature of the assignment at the client company was irrelevant because the employee was hired for an indefinite period and worked for about 18 months.