What is my notice period in employment contract?


Questioner

My employment contract was entered into for a fixed term - 7 months. My contract states that either party is authorised to terminate the employment contract prematurely, i.e. before the agreed end date, by giving notice or dissolution, taking into account the notice periods prescribed under the Civil Code. Does this mean that I have a notice period of 1 month?

Lawyer

Normally, a fixed-term contract cannot be terminated, unless, as you indicate, this has been agreed. In that case, the notice period for the employee is indeed 1 month on the basis of art. 7:762 paragraph 4. If no other arrangement has been made in the contract, termination must take place by the end of the month (art. 7:762 paragraph 1). So if you were to terminate validly before the end of this month, your contract would continue until the end of April. Without knowing the full contents of your contract (and any other arrangements such as an applicable collective labor agreement), the above information can only be seen as general advice. Please feel free to contact me via my profile if you have any questions and/or require legal assistance.

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