Employment Agreement for European Union

What's prohibited

• Waiver of data subject rights under GDPR

  GDPR rights (access, rectification, erasure, portability, objection) are inalienable and cannot be waived by contract. Any provision purporting to waive or limit a data subject's GDPR rights is void under Article 7(4) and recital 42 of the GDPR.

• Blanket waiver of Working Time Directive rights (except individual opt-out under Article 22 where permitted)

  Employees generally cannot waive their rights under the Working Time Directive, including minimum rest periods and annual leave. Some member states permit an individual opt-out from the 48-hour maximum work week (Article 22(1)), but this must be voluntary, in writing, and freely revocable. Annual leave rights under Article 7 cannot be waived under any circumstances.

• Replacement of minimum annual leave with financial compensation during employment

  Under the Working Time Directive (Article 7), the minimum 4 weeks of paid annual leave cannot be replaced by a payment in lieu, except upon termination of the employment relationship. This has been confirmed by the CJEU.

• Clauses permitting discrimination on protected grounds

  Any contractual provision that directly or indirectly discriminates based on sex, race, ethnic origin, religion, belief, disability, age, or sexual orientation is void under EU anti-discrimination directives and Article 21 of the EU Charter of Fundamental Rights.

Other contracts for European Union