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Expired contracts continue with same terms and conditions

Question

My employment contract says that I have to give 30 days notice if I want to resign. The contract has expired, and no new expiry date has been negotiated. I now want to resign. Do I have to give 30 days notice, or can I leave immediately?


Answer

As your employment contract has been allowed to run past its expiry date, the expiry date is no longer of any effect. You now have an employment contract of indefinite duration, which can only be terminated by the giving of 30 days notice. Accordingly, you are required to give 30 days notice if you want to resign.


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  Employer can still be bound by oral agreements   Discrimination for being on collective employment contract
  Common problems with employment agreements   Cannot limit remedies for personal grievances
  Take care when preparing employment agreements   Cannot dismiss without reason even if written in agreement
  Importance of disclosing correct employer   Can a collective employment contract negotiated with union members be applied to non union members?
  Disputes resolution procedure must be included in staff agreement   Employee must disclose information at interview only if asked
  Renegotiation of employment contract on sale of business   Cannot require all employees to apply for new positions
  Expired contracts continue with same terms and conditions   What an offer of employment might look like
  Alphabetical Index   Case Law Back to top
This article originally written by Alan Cressey the copyright of which is owned by The Evening Post
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Published: 19th October 1999 		Back to top