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Post Info TOPIC: Termination Clause: 30 days or calender month?
Hanno

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Termination Clause: 30 days or calender month?
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Good day.

Under the termination clause in my employment contract, the following is stated:

"...not less than one month's notice to be given in writing. This notice may be given on any working day. "

I read this as 30 days notice. Am I correct?

Regards

Hanno



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LP

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In interpreting a contract, a month refers to a calendar month. Since months contain different amounts of days, it should rather be seen as a unit. For example, if you state that you will be resigning at the end of October, such notice should be given no later than the last day of September. In most cases, the first day of October is still seen as acceptable.

Case law suggests that even stating on the 24th of October that you will be resigning on 24 November is incorrect. Rather, you would have to work until the 30th of November. However, this depends on the construction of the notice clause.

 

LP



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