Question juridique clé
Whether the employee proved compensable overtime and whether the court could estimate it under Art. 42(2) CO
Solution extraite
The employee proved overtime in principle, and the cantonal court was entitled to estimate the unpaid amount at half of the claimed figure under Art. 42(2) CO.
Motifs extraits
The employer had not kept the required time records under the CCNT; the employee's own time sheet could be used. The court found the claimed overtime only partly sufficiently concretized for earlier years and could infer, from irregular punctuality and seasonal workload, that only half of the claimed overtime was owed.