5

So I've accepted a job offer and will be handing my notice in at work this week. However I've just found this clause in my contract:

Either party can terminate this agreement by giving four (4) weeks prior notice, effective at the end of a calendar month.

Does this mean I have to hand my notice in at the end of the month? If I hand my notice in on the 15th June, do I have to work till the end of July?

  • 2
    You should ask your employer what they mean. – Ramhound Jun 4 '18 at 19:37
  • What country are you in? – Ben Mz Jun 4 '18 at 20:52
  • 1
    I asked this a few weeks ago, and got so badly downvoted that I deleted the question. Yes, it means that you remain employed by them until the end of July. June in my case, and I told them that I was taking two weeks holiday (they were wise enough not to object), so next Friday is my last day. – Mawg Jun 5 '18 at 6:22
  • 1
    Agree with @JoeStrazzere - This is not company specific policy and is not off topic. Another vote. – dwizum Jun 5 '18 at 12:53
8

Does this mean I have to hand my notice in at the end of the month?

No. You can hand in your notice at any point in time.

If I hand my notice in on the 15th June, do I have to work till the end of July?

No. You need to work until four weeks from the end of June. Presumably that means July 27 or 28 is your last day, depending on your normal work week.

You may also be able to leave earlier, if both you and your employer agree.

1

Does this mean I have to hand my notice in at the end of the month? If I hand my notice in on the 15th June, do I have to work till the end of July?

No. In contract law, ambiguous clauses are interpreted on the basis of contra proferentem. The principle of contra proferentem provides that the interpretation to be adopted (on an ambiguous or unclear clause) is the one which favors the party who did not draft the contract.

The clause you mention allows the reasonable interpretation that, as long as the last day of a calendar month has passed since you gave your notice, you may terminate the agreement as soon as the four weeks elapse.

  • The OP hasn't specified where in the world they are, and in the part I'm from, "end of a calendar month" is understood to refer to the last day of a month without any ambiguity. – brhans Jun 4 '18 at 21:04
  • 1
    @brhans: The ambiguity of the clause lies in that the term "effective" may refer to (1) the ability to terminate the agreement, or (2) the date when the countdown of four weeks begins. Since the contract is not explicit about that, contra proferentem affords to OP interpretation #1. – Iñaki Viggers Jun 4 '18 at 21:24

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.