Do you need to give the resignation notice stated in your work contract if your contract has expired?

Question

My contract ended in December, but I am still working with my current employer. My old contract stated that I would give three weeks notice, but I have just received an almost-immediate job offer that I have been waiting months for. Am I legally bound by the expired contract? Did my continued work imply consent to a new (yet to be signed) contract? Thanks in advance...

Answer 1

I would say no. Although I am not an attorney, I think once the contract expired you become an at will employee and either person can provide notice at any time.

Usually the best method is to try and work it out with both employers. Tell the new employer that you need some transition time in the next couple of week but can start immediately for a week or so.

Tell the old employer the you will be available for transition period.

Answer 2

Since your job can end at any given time, you can't be expected to rely on an expired contract. Under the circumstances, I think you can transfer without fault.

Your giving little or no notice will always make you look bad, though. Maybe someone else here can give you some advice on how to do it.

(I don't know what country you're in, but in the US there's no such thing as being bound by contract terms that have expired, and employment is always "at will" in the absence of a contract.)

Answer 3

I agree with Nusha above in his 1st para. Legally, that contract is over because the time span is over, and no party has initiated any action on paper to either advance or terminate it. Just consider: If they have issued an extension to the above contract by a formal letter, which deliberately did not reach you, but it had mention to the fact that if admin does not hear from you within 10 days it will be presumed that you agree to the extenstion with same contract conditions - it is dirty trick of fast competing companies and jumping on-board employees everywhere.

It is also important to know what was written in your appt letter on contract. Sometimes, employer makes it an automatic confirmation. They also may be knowing you are inclined outwardly - hence continual of your work there despite expiry of contract. The most important: whether you will require their healthy handshake which your new employer may be interested in - they also have to know you before you start working for them.

Answer 4

It is common courtesy to give two weeks notice of your resignation. The purpose is to transition your work and projects to another employee or to your manager. But talk to your manager/boss. Explain that you have been offered a new opportunity and that they would like to you start as soon as possible. Tell him you will do your best to gather information and detail what you have been working on so your projects/work isn't mess after you leave. Then they might let you leave in a short time. You always want to leave on good terms, never burn your bridges because you might need contacts at your old company in the future.

Answer 5

He has to furnish you 2 months be conscious whilst he needs you to depart you're on a periodical tenancy because of the fact the accepted 6 month has ran its course, yet you purely could desire to offer 4 weeks be conscious that's no greater effective than beneficiant thats regulation additionally the comparable rules prepare after 6months as they do interior the 6 month term even however the contract seems to have run out, it hasn't

Answer 6

If it exired, then I suppose no.
u can always give the resignation letter to ur current employer...even if they want 3 weeks out of you, you can ask them to clear all of your leave....if u still hv 2 full weeks of leave...then taht elaves u another week to stay in the old place. I did this the last time.

then after all the calculation u can tell ur new employer when u can start.

Answer 7

I think the real issue is you are afraid that your employer may be vindicative.