Questions & Answers
Is two months' notice before contract expiry enough to terminate an employee?
Dear Lawyer,
I am a part of the HR Team of a company on the mainland. In our company, in order to terminate a contract, a notice of 3 months has to be served.
We need to terminate the contract of an employee and only two months remain for the completion of the contract. We have mentioned the below statement in our contract:
"In case the company is the party who desires the termination, the company shall notify the employee in writing, three months prior to the termination date or for the remaining period of the contract, whichever is shorter. However, if the company fails to serve the above-mentioned notice, the college shall compensate the employee with three months aggregate salary or the remaining period of the contract, whichever is shorter."
So please confirm if two months' notice is enough and this employee has no standing to challenge us in the court.
Dear Client,
As you stated in your question "or for the remaining period of the contract, whichever is shorter".
If it is one day remaining, the notice shall be considered as valid notice.
Unless the contract has more than three months, you need to notify him of the full notification, and to get yourself a safe side, let the contract ends by nature and send him notification of non-renewal intention better to be prior to the end of the contract by one month.
