A. Provisions from which no derogation is permissible to the detriment of the employer or the employee

¹ It is not permissible to derogate from the following provisions to the detriment of either the employer or the employee by indivaidual agreement, standard employment contract or collective employment contract:

Article 321c:

paragraph 1 (overtime);

Article 323:

paragraph 4 (advances);

Article 323b:

paragraph 2 (set-off against countervailing claims);

Article 325:

paragraph 2 (assignment and pledge of salary claims);

Article 326:

paragraph 2 (allocation of work);

Article 329d:

paragraph 2 and 3 (holiday pay);

Article 331:

paragraphs 1 and 2 (employee benefits scheme contributions);

Article 331b:

(assignment and pledge of claims to occupational benefits);¹

...²

Article 334:

paragraph 3 (termination of long-term employment relationships);

Article 335:

(termination of employment relationships);

Article 335k:

(social plan during bankruptcy or composition proceedings)³

Article 336:

paragraph 1 (wrongful termination);

Article 336a:

(compensation in the event of wrongful termination);

Article 336b:

(compensation procedure);

Article 336d:

(termination by the employee at an inopportune juncture);

Article 337:

paragraphs 1 and 2 (termination with immediate effect for good cause);

Article 337b:

paragraph 1 (consequences of justified termination);

Article 337d:

(consequences of failure to take up post or departure without just cause);

Article 339:

paragraph 1 (maturity of claims);

Article 339a:

(return);

Article 340b:

paragraph 1 and 2 (consequences of infringement of the prohibition of competition);

Article 342:

paragraph 2 (civil law effects of public law);

...⁴

Article 346:

(early termination of apprenticeship contract);

Article 349c:

paragraph 3 (prevention from travelling);

Article 350:

(termination in special cases);

Article 350a:

paragraph 2 (return).⁵

² Any agreement or clause of a standard employment contract or collective employment contract that derogates from the aforementioned provisions to the detriment of the employer or the employee is void.