Exception: disadvantageous deviation Sample Clauses
The 'Exception: disadvantageous deviation' clause defines circumstances under which a party is not held liable for deviating from agreed terms if such deviation is to their disadvantage. In practice, this means that if a party acts outside the contract's strict requirements but does so in a way that does not benefit them—or even harms their own interests—they may be excused from breach of contract claims. This clause serves to prevent the other party from exploiting minor or unintentional deviations that do not confer an unfair advantage, thereby ensuring fairness and discouraging opportunistic enforcement of technicalities.
Exception: disadvantageous deviation a. The employer may deviate from the provisions of the collective agreement in a manner that is
Exception: disadvantageous deviation a. The employer may deviate from the provisions of the collective agreement in a manner that is disadvantageous for all or one or more groups of employees if there are serious reasons for doing so, such as the continuity of the company and/or the related scope of employment in the company.
b. The employer may only do this provided agreement has been reached at corporate level with the employers’ association and the trade unions. The result of the consultation must be reported to the Consultative Council in the Metalektro (ROM).
c. Insofar as and as long as the agreed arrangement thus made deviates from the provisions of the collective agreement, the relevant provisions of the collective agreement will not apply.
d. The employer will inform the employees concerned in writing of the deviating arrangement that has been agreed with the trade unions, the provisions of this collective agreement to which the deviation applies, the date the arrangement takes effect, and for how long this will apply.
Exception: disadvantageous deviation a. The employer may deviate from the provisions of the collective agreement in a manner that is disadvantageous for all or one or more groups of employees if there are serious reasons for doing so, such as the continuity of the company and/or the related scope of employment in the company.
b. The employer may only do this provided agreement has been reached at corporate level with the employers’ association and the trade unions. The result of the consultation must be reported to the Consultative Council in the Metalektro (ROM).
c. Insofar as and as long as the agreed arrangement thus made deviates from the provisions of the collective agreement, the relevant provisions of the collective agreement will not apply.