My husband signed a new contract one week before becoming sick for 5 weeks. he is now back at work and has found out that funding for the project he is working on is ending in a month and he has to look for a new job. However his contract of employment continues until april 08. With the money running out do they have to find him a new job until the contract ends or can they just give him a months notice and end the work (note it has nothing to do with him being ill as the other three project workers are in the same situaton)
2007-09-18 00:30:38 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
That's a question for a lawyer, and it is solely dependent on the fine print in the contract.
The company has to pay him for the time they contracted him to work for, but once that time period ends they don't have any responsibility toward him. If the contact had a clause for sickness then they could have canceled it because of that.
Now that the project is running out of money they may have a clause in the contract that will allow early termination. If not then they company has to pay him for the rest of the contracted period. The contract was with the company so the company has to come up with the money to pay your husband. They don't even have to employ him, but they do have to pay him; so they probably will try to employ him somewhere.
The devil is in the details and you need to have the contract reviewed by a lawyer. Without a copy of the contract neither I nor anyone else here can make a proper determination.
Whatever the contract states; the company can't break it without a clause that lets it happen. Otherwise it will run until the end period. The only way they can break the contract is to pay him off totally; which they are not likely to do. They problaby have a clause for early termination you need to read it.
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2007-09-18 00:39:36 · answer #1 · answered by Dan S 7 · 2⤊ 0⤋
a legally binding contract should be equally fair for both parties involved if this is not the case then you may have grounds for remuneration but if you have read the contract and the one month notice is stipulated then you may require arbitration most contracts of employment are normally in favour of the employer and not the employees and any contract longer than one page of a4 should be checked out by a contracts lawyer if there are other people in the same situation then banding together to reach a settlement may be advisable the wording in contracts is crucially and never appeared to have any clauses but the pit falls are there citizens advice may be able to help you will need to make an appointment to talk to there contracts lawyer and this is free all though getting through to them on the phone for initial consultation is the hard part but well worth the hassle
2007-09-18 00:47:29 · answer #2 · answered by mistysomers 2 · 1⤊ 0⤋
This is probably not an obscure reason. If you read the offer, I bet that it says that the company will not be responsible for getting you a work permit/authorization etc. With the end of your husband's employment, you have no legal reason to be in the country and so the job offer is canceled. Even if it does not say this, what do you think that you can do about it? What country's laws govern the agreement? Where can you go for redress?
2016-05-17 12:17:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Going back to my law school days, you need, and that is vital, to decide whether your husband was an employee or sub-contractor. Different rules apply.
If he was an employee, then it is not a question whether he can be fired but a question of NOTICE. I am fairly confident that the 1978 Act has not been superceded and that therefor it is still in force.
The best advice we can give you, which is what others here have already done, is to go see a lawyer (solicitor). I think the issue will fall on the side of notice period (or money's worth)
2007-09-18 01:24:24 · answer #4 · answered by RED-CHROME 6 · 0⤊ 0⤋
I think youy'll find in the contract that notice can be given by either party.
2007-09-18 00:40:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
His post has become redundant.
The employer has to make every reasonable effort to accommodate him and the other employees in the same position (i.e. redeploy them with training) but ultimately this is a redundancy situation.
2007-09-18 00:44:35 · answer #6 · answered by Tufty Porcupine 5 · 0⤊ 0⤋
hold the contract up to the monitor so I can read it and advise.
Get the point? without reading the contract there is no attorney who will give you an informed opinion.
2007-09-18 00:34:40 · answer #7 · answered by hexeliebe 6 · 3⤊ 0⤋
They can give him a month's notice, since it sounds as though the work load is also running out early.
2007-09-18 00:34:42 · answer #8 · answered by bullhead3031 2 · 0⤊ 1⤋
the employer can stop the job any time they like....you should have read the contract...
Employment isn't always forever..
2007-09-18 00:34:59 · answer #9 · answered by Chrys 7 · 0⤊ 2⤋
contracts are legal and binding.
2007-09-18 00:49:31 · answer #10 · answered by steven e 7 · 1⤊ 0⤋