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Topic: Contractual clauses

notices clause
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Notices clause

Notices clause

Use our notices clause to include express provisions in the employment contract on how notices may be given and when they’re deemed to have been received for contractual purposes. In the absence of an express contractual term, your written notice to terminate the employment contract will otherwise only be effective when actually received by the employee. In any event, preferably give all termination notices in person.

Deemed receipt provisions

If you want certainty as to the date of employment termination for contractual purposes, ensure your employment contracts expressly include a term specifying how notice of termination should be given and when it’s deemed to take effect. You can use our Notices Clause here. It provides for any notices given by either party under the employment contract to be in writing and signed. It then states they can be delivered by hand or sent to the party’s address as set out in the employment contract, or such other address (including an e-mail address or fax number) as they may have notified in writing. Finally, it contains deemed receipt provisions. Where notice is delivered by hand, it’s deemed to be received at the time it’s left at the address or given to the recipient. Where it’s sent by first class post or other next working day delivery service, it’s deemed to be received at 9.00am on the second business day after posting or at the date and time recorded by the delivery service. In the case of fax or e-mail, deemed receipt is at the time of transmission. To close things off, we’ve also stated that notice has effect from the earlier of its actual or deemed receipt. Ideally, always give a termination notice in person to the employee. Alternatively, if you post it, check first they’re not going to be away (say, on holiday) and then, once you’ve sent it (by both registered mail and ordinary mail), call them to confirm receipt.

 

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