Sunday, 28 April 2013

Ending Fixed-Term contracts

Q: I am a lawyer preparing a brief, I have a question for you, does a contract of fixed term imply a clause removing any requirement of a notice period and so termination can be at the will of the employer?


A: The only clause implied is that notice is not required at the end of the contract. However, any early termination of a fixed-term contract will result in a breach of contract, unless the contract contains an early termination clause allowing either party to give notice. Where the contract allows the employer to end it early by giving notice, the employee will be entitled to the statutory minimum notice applicable.

5 comments:

  1. Can you direct me in the law or any case that points to this being so in Trinidad law?

    ReplyDelete
  2. Hello, in the event of the employee giving notice of termination of a fixed term contract, would that employee be entitled to a gratuity on a prorated basis? Thank you.

    ReplyDelete
    Replies
    1. I can't answer without knowing the terms of the gratuity agreement set out in the contract.

      Delete

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