Key legal question
Whether Art. 1 no. 7 CNLV, requiring written form for deviations, violates Art. 360 para. 2 CO and is void
Extracted holding
A clause in a normal employment contract that subjects any deviation to written form violates Art. 360 para. 2 CO only if it broadly excludes the possibility of oral derogations; however, written-form requirements for particularly important provisions are permissible.
Extracted reasoning
Federal law allows written form for derogations from specific provisions of a normal employment contract when the form requirement protects employees by preserving important minimum protections. The contested clause could therefore validly apply to the relevant salary and holiday rules.