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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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