Kernrechtsfrage
Whether the cantonal court arbitrarily found no agreed part-time on-call employment relationship
Extrahierter Entscheid
No. The evidence did not compel the conclusion that the parties had agreed to a part-time on-call arrangement with no wages in winter months.
Extrahierte Begründung
The employee’s full-time work until 19 December 2000, the written 44-hour schedule, and the employer’s confirmation to the German unemployment authority supported the opposite view. The employee’s statement about possible compensation of downtime did not prove awareness of a wage-free period.