Questão jurídica principal
Whether overtime from the first contractual period could be compensated against hours not worked in the second period
Decisão extraída
The employer could not rely on such compensation; the claimed offset was not established and was in any event too late and unsupported.
Fundamentação extraída
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.