Key legal question
Whether the employee proved entitlement to overtime compensation under Art. 321c CO
Extracted holding
The employee sufficiently proved that he performed overtime and that the employer knew or must have known of it; the cantonal court could estimate the quantity under Art. 42(2) CO.
Extracted reasoning
The findings that overtime was necessary and notorious in the company were factual and binding. The employer's attack was appellatory and could not show a reversal of the burden of proof.