No entitlement to overtime in the event of a contractual agreement

A chauffeur agreed a flexible working time model with his employer with a fixed daily wage on call. The daily working hours were determined within the legal maximum framework without agreeing a fixed upper working time.

The chauffeur then sued for payment of overtime and overtime. The court rejected his claim as no overtime and overtime could arise within the agreed contract. (Source: BGE 4A_614/2019 of 20 February 2020)