What is the effective date of termination?

 

  1. The principle

In principle, the termination of an employment contract takes effect when the letter of termination is delivered by post to the addressee.

However, the termination of the contractual relationship can be notified in different ways. 

  1. The case of the invitation to withdraw the consignment

If the addressee is requested to withdraw the consignment, the cancellation is effective from the day on which the withdrawal can be expected in good faith (the day following the attempt in most cases).

  • The case of the employee on holiday

If the employee is absent on holiday and the employer is aware of this, then the termination is effective from the moment the recipient collects the termination letter from the post office. 

Please note, however, that the maximum period of custody is 7 days.

  1. The case of the personal discount

If the letter of termination is delivered personally, the time of delivery is decisive for the legal effects. 

However, the case of personal delivery presents problems from the point of view of evidence. It may be more appropriate to have witnesses present or to send the letter by post.

  1. The case of oral termination 

If the termination is given orally, it is the time of this declaration that is decisive. This is the case even if it is subsequently confirmed in writing.

However, this method also raises problems of proof.

Some advice 

In view of the various evidentiary problems that may arise with certain termination methods, as well as the existence of possible delivery delays, sending the termination by registered mail is the best option to consider.

 

Questions & Answers

  1. When does the termination of an employment contract by letter take effect?
  2. When does the termination of an employment contract given orally take effect?
  3. When does the termination of an employment contract given by hand become effective?
  4. Is the termination of an employment contract effective if I am on holiday at the time of receiving it?
  5. Does the termination of an employment contract take effect when I am ill?

 

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