Underlying legislation

General

The statutory principles are essentially to be found under the ‘CoO’ (comp. Art. 319 et seq.). Employment law and labour statutory requirements are not only determined by the ‘CoO’, there are also regulations for specific types of contracts of employment.

The statute law

The foregoing ‘CoO’ differentiates between matters of statutory requirements and dispositive law. The statutory (compulsory) requirements, which take preference over all other regulations, are included in Art. 319 et seq. of the ‘CoO’, and these are listed in the Catalogues of Art. 361, Para. 1 and Art. 362, Para. 1 of the ‘CoO’. The remainder essentially represent matters of dispositive (non-compulsory) law.

‘CLAs’

These regulations, which govern the conclusion, content and notice of termination of individual contracts of employment, only need to observe statutory (compulsory) requirements and take preference over all other regulations.

Works regulations

Works regulations are subordinate to ‘CLAs’.

A normal contract of employment

Normal contracts of employment are not only subordinate to work regulations but also to individual agreements between parties.

Instructions

The law governing the instructions of an employer to an employee is only valid within the scope of an already concluded contract of employment.