Entitlement to contractual night premiums overriding collective bargaining agreement provisions

The Federal Labour Court (BAG) dismissed the defendant's appeal, rejecting the revision and confirming that the defendant bears the costs of the appellate proceedings, thereby upholding the Lower Labour Court's judgment in favor of the plaintiff. The dispute involved a claim by the employee for unpaid remuneration, specifically the "night premium," against the employer, with the core legal issue being the interpretation of the individual employment contract. The court determined that the contractual clause granting the right to additional compensation for work performed between specific late-night hours was valid and enforceable, finding that the employer's reliance on a subsequent collective bargaining agreement to negate the individual contractual entitlement was unjustified.