Drafting Insights - No. 4


How to draft a Notice of Termination


This lesson will focus on the Notice of Termination. It is a formal document given by an employer stating that the employment contract will end.

The labor code in most jurisdictions specifies what information must be included in the notice of termination. It usually specifies the date of termination, as well as several other issues.

This material is designed to answer the most frequently asked questions and give you some practical insight of these documents.



How to complete this lesson

  • Click on the "analyse" button to reveal the key terms and then click on the terms in bold to display the meaning.
  • Click on "exercises" to access the insights revealing drafting secrets.
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FREQUENT QUESTIONS RELATED TO NOTICES OF TERMINATION

Are there statutory requirements for drafting notices?

Yes, the applicable employment regulations generally specify the necessary elements of a notice of termination. Such elements may include the length of the notice period, the method of calculating the minimum compensation payable when employment is terminated, the explanation for the termination and even the possible remedies against the employer's actions.

Does the term "notice" always refer to notice of termination?

Notice is an abbreviated term used for notice of termination. In practice, giving a notice in an employment setting generally refers to a notice of termination. However, please note that notice generally refers to a document in which one informs the other of any important legal fact.


What is the difference between notice and statement?

Both notice and statement refer to a formal, written communication in a contract setting. A notice is a communication by one contracting party to the other, giving information regarding facts or information related to the relationship between the parties. A statement is simply an expression of a fact or disclosure of information regarding anything one wishes to express.

What is the difference between termination for and without cause?

Termination for or without cause are two different forms of terminating an employment. Termination for cause is the ending of employment in situations when the reason for the termination is the employee's misconduct. Termination without cause refers to the termination of the employment without any fault or misconduct attributed to the employee.


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NOTICE OF TERMINATION

Please be informed that your employment contract concluded on [DATE] with [EMPLOYER] for an indefinite period of time is terminated without cause as of this day in compliance with the provisions of [ARTICLE] of the Labour Code.

With regard to the duration of your employment with our company, your notice period is [NOTICE PERIOD] days pursuant to [LEGAL REFERENCE].

I hereby inform you that you are released from your job responsibilities throughout the entire notice period.

Based on the duration of your employment with the employer, you are entitled to severance pay amounting to two months’ salary pursuant to [LEGAL REFERENCE]. The severance pay will be paid on the last day of your employment.

You may seek legal remedy in connection with this notice in [DAYS] days calculated from the date of receipt hereof with the [DETAILS OF LABOUR COURT]. You are required to submit the complaints within the statutory time period.

Reason for termination

The Employer decided to reorganize its operation in [COUNTRY]. With regard to the reorganization of the company, including all its activities, your position, and thus your employment, shall be terminated.

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More free sample documents

This section includes several sample notices of termination. Each of them is designed to address a situation, where the termination of the employment is triggered by different causes.


Notice of termination due to downsizing

A letter in which employers inform employees of the fact that the business needs to reduce the number of employees due to some economic hardship experienced by the company.

Notice of Misconduct

A formal notice given by the employer to the employee when the employee commited a misconduct. It may also give rise to the termination of employment.


Notice of termination due to work rules violation

Official letter issued by the employer in which the employer informs the employee that the latter has violated his/her work duties in violation of legal rules and expected rules of conduct.

Notice of termination for cause

A notice given by an employer informing the employee of the termination of his/her job in a situation when the termination is not necessitated by the wroongful conduct of the employee.


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