B. Provisions from which no derogation is permissible to the detriment of the employee

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

Article 321e:

(employee’s liability);

Article 322a:

paragraphs 2 and 3 (share in the business results);

Article 322b:

paragraphs 1 and 2 (entitlement to commission);

Article 322c:

(statement of commission);

Article 323b:

paragraph 1, second sentence (salary statement);

Article 324:

(salary where employer fails to accept work);

Article 324a:

paragraphs 1 and 3 (salary where employee is prevented from working);

Article 324b:

(salary where employee has compulsory insurance);

Article 326:

paragraphs 1, 3 and 4 (piece work);

Article 326a:

(piece work rates);

Article 327a:

paragraph 1 (reimbursement of expenses in general);

Article 327b:

paragraph 1 (reimbursement of expenses for motor vehicles);

Article 327c:

paragraph 2 (advances for expenses);

Article 328:

(protection of the employee’s personality rights in general);

Article 328a:

(protection of personality rights of employees living in the employer’s household);

Article 328b:

(protection when handling personal data);²

Article 329:

paragraphs 1, 2 and 3 (days off work);

Article 329a:

paragraphs 1 and 3 (holiday entitlement);

Article 329b:

paragraphs 2 and 3 (reduction of holiday entitlement);

Article 329c:

(consecutive weeks and timing of holidays);

Article 329d:

paragraph 1 (holiday pay);

Article 329e:

paragraphs 1 and 3 (leave for youth work);³

Article 329f:

(maternity leave);⁴

Article 330:

paragraphs 1, 3 and 4 (security);

Article 330a:

(reference);

Article 331:

paragraphs 3 and 4 (contributions and information for employee benefits);

Article 331a:

(beginning and end of insurance cover);⁵

...⁶

Article 332:

paragraph 4 (remuneration for inventions);

Article 333:

paragraph 3 (liability in the event of transfer of employment relationships);

Article 335i:

(duty to negotiate in order to conclude a social plan)⁷

Article 335j:

(preparation of the social plan by an arbitral tribunal)⁸

Article 336:

paragraph 2 (wrongful termination by the employer);

Article 336c:

(termination by the employer at an inopportune juncture);

Article 337a:

(termination with immediate effect because salary is at risk);

Article 337c:

paragraph 1 (consequences of termination without just cause);

Article 338:

(death of the employee);

Article 338a:

(death of the employer);

Article. 339b:

(Requirements for severance allowance);

Article. 339d:

(benefits in lieu);

Article. 340:

paragraph 1 (Requirements for prohibition of competition);

Article. 340a:

paragraph 1 (restrictions on prohibition of competition);

Article. 340c:

(extinction of prohibition of competition);

Article. 341:

paragraph 1 (no right of waiver);

Article. 345a:

(obligations of the master⁹);

Article. 346a:

(certificate of apprenticeship);

Article. 349a:

paragraph 1 (commercial traveller’s salary);

Article. 349b:

paragraph 3 (payment of commission);

Article. 349c:

paragraph 1 (salary where prevented from travelling);

Article. 349e:

paragraph 1 (commercial traveller’s lien);

Article. 350a:

paragraph 1 (commission on termination of the employment relationship);

Article. 352a:

paragraph 3 (home worker’s liability);

Article. 353:

(acceptance of completed work);

Article. 353a:

(payment of salary);

Article. 353b:

paragraph 1 (salary where home worker is prevented from working).¹⁰

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 employee is void.