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Can a new employer insist on me signing a new employment contract while still working out my notice period with my current employer?

I have a 2 month notice period so technically my current contract is valid until my last day, therefore how can I enter into another contract before the previous one ends?

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  • Do you mean a new employer has offered you a job, and they want you to sign a contract that applies to the job you will be starting in a few weeks? What is your objection to signing such a contract? – Peter Mar 11 '20 at 13:07
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    Can you explain why it would be a problem to do so? It would seem typical that you would actually want to have the new job in writing before leaving the old job. – dwizum Mar 11 '20 at 13:07
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  • I have a 2 month notice period so technically my current contract is valid until my last day therefore how can I enter into another contract before the previous one ends? – Carolyn Mar 11 '20 at 13:17
  • @Carolyn Is the new employer OK with you starting in 2 months? The start date should be in the contract. I would personally not resign from my current job until they agree in writing when you are starting. What if the new company finds someone in the meantime who can start sooner than 2 months and then decide to discard your application? With a contract it represents a promise from them that you are starting on X date, so it's less likely that they'll do that. – Brandin Mar 11 '20 at 13:40
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They can insist, but they can't force you.

In general it's perfectly legal to sign a contract with a new company while still on notice-period as long as the starting date of the new contract doesn't overlap with your notice-period stated in the contract of the current company.

As @dwizum already mentioned in his comment, it's actually in your favour to have a something in writing and signed while still serving your notice period. It guarantees you to have the next job lined up and secured.

Example: You interviewed during your notice period with company X. Now your notice-period ends for example on the 31.03.2020. Company Y want you to sign a contract now where the starting date is defined for the 01.04.2020.

This would be fine since there's no interference with your obligation to your current employer..

Can I enter into another contract before the previous one ends?

You can sign a contract before the current contract ends, but the start-date defined in your new contract must be after the last day of your notice period.

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    Thank you, that answers my question! – Carolyn Mar 11 '20 at 13:26
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Contracts are not mutually exclusive items. You can have more than one contract apply to your life at any given moment.

Contracts should be non-conflicting. As long as the two contracts can exist in such a way that you don't violate either one, you can have both apply to your life.

That means you need to make sure the new contract doesn't interfere with your honoring the old contract, but it doesn't mean you shouldn't enter into the new contract until the old contract is fully terminated.

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