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07/03/2008 15:34:58
Re: Contract Staff (above 55 years)

I want to end a contract staff but with this clause:

1) Appointment & Duration:
"the appointment shall commence on 7th Jul 2007 and shall continue (subject to earlier termination as provided in this agreement) for duration of one (1) year (hereinafter referred to as "the duration")

2)Confirmation and Termination:
"the employee's performance will be reviewed at the end of the Probationary Period, and if the company is reasonably satisfied with the performance of th employee then, the Company shall confirm his confirmation in writing."

"on confirmation, either party may terminate this contract of employment by giving (3) months' notice in writing."

Question 1: Do i need to give him 3 months notice, where we did not confirm / extend his 6 months probation??

Question 2: Can i terminate this contract late? By right should be on 6th Mar, 08 (if 3 months notice) but if I delay the termination, will there be any problem??

Please advice!! Thanks
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KL Siew
07/03/2008 16:19:05
1. I don't see any "Probation Period" clause. If nothing is mentioned about termination of contract of service during probation, then I think it should be 3 months.

2. I don't quite understand your question #2 Are you trying to say you have already given 3 months notice to that worker and 6th March was his last day and now you are going to tell him to work for another few days and stop thereafter? If so, why not talk to him and if it is alright with him. But for all you know, he may want to take action against you for the termination already! You better consult your lawyer about this.
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