work contract and notice period

apple · #1 12.02.2019, 08:05

Hi all,

I need a quick legal advice regarding a work contract, but I don't want to hire a lawyer because it should take only 5min of time.

If the contract says "if the person voluntarily leaves within 1 year" - is the notice period included in that 1 year? e.g. Jack is working for 11 months, decides to leave and has 3 months of notice period so in the end he leaves the company after 1 year and 2 months. Would that be considered that he left before one year just because he resigned before one year?

Urs Max · #2 12.02.2019, 08:49

Have the wording amended, e.g. base it on the contract's end date.

#3 12.02.2019, 12:08

Unless another date is specified it refers to the start date of the contract.

EDIT: Sorry, for my rubbish answer, I got the question wrong.... You leave when you leave meaning after the notice period since that is when the contract ends, and not some months before while you still are working there.

Landers · #4 12.02.2019, 14:02

I can only give an "I would have thought" answer but it might help.
If the wording really is "leaves" then it would be the time taken to actually leave, i.e. you can give notice before the year is up.
If the wording were "terminates" then it could be ambiguous.
If it were "gives notice to terminate" then it would not include the notice period, of course.

As the contract may be some kind of translation of a non-english contract or written by a non native English speaker or just an idiot, it could well be that the intention of the wording is different to what is actually written.

apple · #5 12.02.2019, 19:33

Thank you all! You have confirmed my doubts. I just wanted a second opinion before I resign

(and learned a lesson with vague contracts)

aSwissInTheUS · #6 13.02.2019, 17:12

It says "leaves" not "is leaving". I take the same position as the ones above me. More ambiguous if it were "is leaving" . But I am sure the employer had something else in mind and it will lead to discussions. I assume it related to bonus payment, or moving cost, education expenses which have been conditionally paid.

A normal German wording for such a clause would be: Wenn sich der Arbeitnehmer nicht in einem ungekündigtem Arbeitsverhältnis befindet.

Some Englisch wording for the above (some negative/some positive):
- employee must be in a employment relationship with company which has not been terminated
- employee is under notice or has no current employment contract with company
- a non-terminated contract of employment is required