Formulación Del Proceso De Aplicación De La Propuesta

1 _{It is not permissible to derogate from the following provisions to the} detriment of either the employer or the employee by individual agree- ment, standard employment contract or collective employment con- tract:

180 _{Inserted by Annex No 2 to the Federal Act of 8 Oct. 1999 on Workers posted to}

Switzerland, in force since 1 June 2003 (SR 823.20).

181 _{Inserted by Annex No 2 to the Federal Act of 8 Oct. 1999 on Workers posted to}

Switzerland, in force since 1 June 2004 (SR 823.20).

182 _{Inserted by Annex No 2 to the Federal Act of 8 Oct. 1999 on Workers posted to}

Switzerland, in force since 1 June 2004 (SR 823.20).

183 _{Inserted by Annex No 2 to the Federal Act of 8 Oct. 1999 on Workers posted to}

Switzerland, in force since 1 June 2004 (SR 823.20).

184 _{Now the State Secretariat for Economic Affairs (SECO).}

3. Official secrecy 4. Effects 5. Associations’ right of action 6. Notification A. Provisions from which no derogation is permissible to the detriment of the employer or the employee

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 con- tributions);

Article 331b: (assignment and pledge of claims to occupational benefits);185

...186

Article 334: paragraph 3 (termination of long-term employment relationships);

Article 335: (termination of employment relationships); Article 335k: (social plan during bankruptcy or composition pro-

ceedings)187

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);

185 _{Inserted by Annex No 2 to the Federal Act of 17 Dec. 1993 on the Vesting of}

Occupational Old Age, Survivors' and Invalidity Benefits, in force since 1 Jan. 1995 (SR 831.42).

186 _{Repealed by Annex No 2 to the Federal Act of 17 Dec. 1993 on the Vesting of}

Occupational Old Age, Survivors' and Invalidity Benefits (SR 831.42).

187 _{Inserted by Annex to the Federal Act of 21 June 2013, in force since 1 Jan. 2014}

...188

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).189

2 _{Any agreement or clause of a standard employment contract or} collective employment contract that derogates from the aforemen- tioned provisions to the detriment of the employer or the employee is void.

Article 362

1 _{It is not permissible to derogate from the following provisions to the} detriment of the employee by individual agreement, standard employ- ment contract or collective employment contract:190

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 pre-

vented 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);

188 _{Repealed by Annex No 5 to the Civil Jurisdiction Act of 24 March 2000 (SR 272).}

189 _{Amended by No I of the Federal Act of 18 March 1988, in force since 1 Jan. 1989}

(AS 1988 1472 1479; BBl 1984 II 574).

190 _{Amended by Annex No 1 to the Federal Act of 3 Oct. 2003, in force since 1 July 2005}

(AS 2005 1429 1437; BBl 2002 6998, 2003 1032 2595). B. Provisions from which no derogation is permissible to the detriment of the employee

Article 328b: (protection when handling personal data);191 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);192 Article 329f: (maternity leave);193

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);194

...195

Article 332: paragraph 4 (remuneration for inventions); Article 333: paragraph 3 (liability in the event of transfer of em-

ployment relationships);

Article 335i: (duty to negotiate in order to conclude a social plan)196

Article 335j: (preparation of the social plan by an arbitral tribu- nal)197

Article 336: paragraph 2 (wrongful termination by the employer); Article 336c: (termination by the employer at an inopportune junc-

ture);

Article 337a: (termination with immediate effect because salary is at risk);

191 _{Inserted by Annex No 2 to the Federal Act of 19 June 1992 on Data Protection, in force}

since 1 July 1993 (SR 235.1).

192 _{Inserted by Art. 13 of the Federal Act of 6 Oct. 1989 on Youth Work, in force since 1 Jan.}

1991 (SR 446.1).

193 _{Inserted by Annex No 12Annex No 1 to the Federal Act of 3 Oct. 2003, in force since}

1 July 2005 (AS 2005 1429 1437; BBl 2002 6998, 2003 1032 2595).

194 _{Amended by Annex No 2 to the Federal Act of 17 Dec. 1993 on the Vesting of}

Occupational Old Age, Survivors' and Invalidity Benefits, in force since 1 Jan. 1995 (SR 831.42).

195 _{Repealed by Annex No 2 to the Federal Act of 17 Dec. 1993 on the Vesting of}

Occupational Old Age, Survivors' and Invalidity Benefits (SR 831.42).

196 _{Inserted by Annex to the Federal Act of 21 June 2013, in force since 1 Jan. 2014}

(AS 2013 4111; BBl 2010 6455).

197 _{Inserted by Annex to the Federal Act of 21 June 2013, in force since 1 Jan. 2014}

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 compe- tition);

Article. 340a: paragraph 1 (restrictions on prohibition of competi- tion);

Article. 340c: (extinction of prohibition of competition); Article. 341: paragraph 1 (no right of waiver);

Article. 345a: (obligations of the master198_); 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 em- ployment 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).199

2 _{Any agreement or clause of a standard employment contract or} collective employment contract that derogates from the aforemen- tioned provisions to the detriment of the employee is void.

198 _{Now: the employer.}

199 _{Amended by No I of the Federal Act of 18 March 1988, in force since 1 Jan. 1989}

Title Eleven: The Contract for Work and Services