06 oct Secondment Agreement Traduction
Article 7:650 Contractual penalty clause – 1. The employer may impose a penalty for breach of a contractual provision of the employment contract only if the employment contract itself stipulates that a breach of that particular provision of the contract is punishable and to what extent. – 2. The agreement establishing a penalty clause must be concluded in writing. – 3. The agreement, which defines a penalty clause, mentions precisely how the sanction received is used. A sanction must not lead to the employer or the person to whom it has granted the right to impose a penalty on the employee a personal benefit. – 4. Any penalty set by a contract of employment must be set at a certain amount, expressed in the same currency in which wages are fixed. – 5. Over a period of one week, the employer may not charge the worker penalties equal to a total amount greater than that of the employee for half a day. A separate penalty in excess of the worker`s wage for half a day should not be set. – 6.
Any contractual provision contrary to any provision of this article shall not apply. However, it is permissible, by written agreement, to derogate from the provisions of paragraphs 3, 4 and 5, in so far as they are workers whose wage fixed in money is higher than the minimum wage fixed by law for workers of the same age. Where such a derogation has been applied, the court may at any time set the penalty at a lower amount if it considers that the penalty imposed is excessive. – 7. In the event of a subsequent change in the level of wage referred to in paragraph 6, the effect of the contractual provisions derogating from paragraphs 3, 4 and 5 shall be suspended in relation to a worker whose wage fixed in cash does not exceed the modified amount of the minimum wage. – 8. For the purposes of this Article, the determination and determination of a sanction includes the situation in which the employer has set a penalty within the meaning of Article 6.91 to Article 6.94 inclusive. Article 7:681 Manifestly inappropriate denunciation – 1. The court may award damages to one party if the other party, whether or not it has complied with the relevant legal provisions, has terminated the employment contract in a manifestly inappropriate manner. – 2. The termination of the employment contract by the employer is considered, inter alia, to be manifestly unreasonable: a.
if the employment contract has been terminated without justification or by stating a false or false reason; b. where, having regard to the redundancy agreements concluded for the worker and his possibilities of finding other suitable employment, the consequences of the dismissal are too serious for him in relation to the employer`s interest in terminating the employment contract; c. . . .