Termination of an employment contract

The end of an employment contract does not always result in unilateral termination by one of the parties thereto. In fact, there are several general types of employment contract termination applicable to all types of contracts, regardless of the protection the worker has against redundancy.

A contract may be ended in case of:

  • Mutual agreement: 

The worker and employer jointly decide to terminate the contract.

  • Expiry:

This concerns a fixed-term employment contract (interim, student job) which ends when the end date agreed in the contract is reached.   

  • End of a specific task:

This is an employment contract concluded for a specific one-off task. This contract ends automatically at the end of the specific task for which the worker was employed.

  • Death: 

The death of the worker leads to the automatic end of their employment contract.

  • Force majeure:

Force majeure is when an event beyond the control of the worker and their employer forms an irremediable obstacle to the continuation of agreements appearing in the employment contract.  E.g.  the worker's permanent inability to work.

  • Legal dissolution:

When one of the parties defaults against the other party in terms of the contract's execution, the injured party may make an application for legal dissolution of the contract before the court. If the judge deems this to be a serious breach, the latter may rule in favour of the dissolution of the contract. 

Updated 16/04/2019


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