Question juridique clé
Whether the parties tacitly agreed to keep the 45-hour workweek after the GAV became applicable
Solution extraite
Yes. The courts could infer a tacit agreement to maintain the 45-hour workweek.
Motifs extraits
The employee knew the GAV rule and nevertheless continued working 45 hours without insisting on 41 hours. The sustained conduct showed acceptance of a deviation from the GAV.