Clauses of the work contract

 

In a work contract, in addition to the mentions of use (expertbase.netration of the work, wages… etc), it is current that the employer and the employee insert other provisions in the form of clauses.

  • Which are the licit clauses in a contract?
  • Which clauses are strictly prohibited by the law?
  • The clause T it is implemented expertbase.netring the execution of the contract or with the rupture of the aforementioned?

There exist many types of clauses which one can insert in a contract. Some are very frequent:

  • Clause of mobility
  • Clause of exclusiveness
  • Clause of residence or residence
  • Non-competition clause
  • Clause of withdrawal-formation
  • Clause of conscience

For each one of these clauses, you will find their conditions of validity, implementation, in which types of contract they can fit, for which employees, the amount of the counterpart to be poured if necessary by the employer….etc

He is often delicate to write some of these clauses. To help you, this synthesis contains models of clauses that it will not any more remain you but to fill or to adapt as well as possible according to the situation

Our synthesis: Clauses of the work contract

 
The legislation being complex, our Lawyers carried out for you a synthesis entitled “Clauses of the work contract” which answers the whole of the interrogations enumerated below:
  • What is what a clause of mobility?
  • In the absence of can clause of mobility the employer transfer the employee?
  • Which are the conditions of validity of a clause of mobility?
  • Is it enough that the clause is valid so that the transfer is it?
  • Can a clause of mobility provide that in the event of refusal the employee will be laid off?
  • Is a refusal of the employee an serious error?
  • Does the employer have to adhere to a time of attention before transferring an employee?
  • In which cases the judges did consider that a clause of mobility had been implemented wrongly?
  • What occurs you he if the transfer involves an amendment of the work contract?
  • How to write a valid clause of mobility?
  • What a clause of exclusiveness?
  • Which is the difference between clause in exclusiveness and non-competition clause?
  • Which employees can have such a clause in their contract?
  • Under which conditions a clause of exclusiveness is it valid?
  • Can one put a clause of exclusiveness in a part-time contract?
  • What occurs you he if the employee does not adhere to it?
  • Can one oppose a clause of exclusiveness to paid which creates or takes again a firm?
  • How to write a clause of exclusiveness?
  • What a clause of residence or residence?
  • In which cases are they valid?
  • What a non-competition clause?
  • Which types of contract can contain such a clause?
  • Which are the conditions so that a non-competition clause is valid?
  • What does the interest legitimate firm?
  • Does the non-competition clause have it to be limited in time and space?
  • Does the non-competition clause have it to enumerate the prohibited activities?
  • Which has to be rising pecuniary counterpart?
  • Does the payment have it to be done in once or several times?
  • What occurs you he if the non-competition clause does not contain counterpart but returns to the collective agreement which it lays down one of them?
  • What occurs you he if the non-competition clause does not lay down financial counterpart?
  • What occurs you he if the counterpart is ridiculous?
  • In which types of contract can one put a non-competition clause?
  • Can the employer give up the non-competition clause?
  • If the employee is exempted notice from when does it have to touch the financial counterpart?
  • How to write a valid non-competition clause?
  • What a clause of withdrawal-formation?
  • Can all the contracts contain a clause of withdrawal-formation?
  • Which are the conditions so that the clause of withdrawal-formation is valid?
  • Does the training cost have it to exceed the amount of the legal contribution of the employer with the development of professional training?
  • In general which is the expertbase.netration of a forfeit clause formation?
  • Can the settlement of the formation be required in the event of dismissal?
  • If the employee breaks for the trial period have does to refund the formation?
  • How to write a valid forfeit clause formation?
  • What a clause of conscience?
  • To which employees it is reserved?
  • In which cases the outgoing employee will perceive to you it reexpertbase.netndancy payment?
  • Which are the clauses prohibited by the law?
  • What an escalator clause?
  • An employee can-Li to ask for the implementation of an escalator clause?
  • What a clause chopper?
  • What an arbitration clause?
  • What an attributive clause of jurisdiction?
Written and forwarded in a clear way, this synthesis is addressed to you, paid or employer, who seek to seriously inform you on the rules as regards Work contract and more particularly on “Clauses of the work contract”


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