Questão jurídica principal
Whether the employment contract validly excluded separate payment for overtime under Art. 321c(3) CO
Decisão extraída
Yes. A written clause may validly provide that overtime is compensated within the salary, and the agreed salary and discretionary bonus were sufficient to cover foreseeable overtime.
Fundamentação extraída
The contract expressly stated that remuneration included compensation for overtime and business travel. The employee had a full-time salary plus bonus; no extraordinary, unforeseeable overtime or insufficient remuneration was established.