The notice of employment termination is the notice or notification by a company to an employee, in which the termination of their employment contract is communicated, that is, the termination of the employment relationship.
Thus, when we talk about the notice of employment termination, we are talking about the notification that a company delivers or communicates to an employee when the latter is not interested in continuing the employment relationship. In these cases, the company is required to notify the employee of its decision in advance.
For this reason, many call this notification “advance notice”.
The way of communicating it and the days in advance depend, in all cases, on the company agreements, the collective agreements and the type of contract. Now, for the most part, they are 15 calendar days in those contracts that have a duration of more than 1 year.
How many days in advance must I be notified in case of termination of employment?
When a company wants to terminate an employee’s contract, it must notify the employee a few days in advance.
However, there is no specific number of days for all cases.
The days in advance depend on the type of contract we are talking about, the collective agreement and, ultimately, the company agreement.
Depending on what the law and the agreement dictate, it will be some days or others.
Now, in most cases, the days in advance with which a company must notify a person that the contract will be terminated is usually 15 calendar days. That is, 15 days to notify the employee that the employment relationship has ended, including holidays and weekends.
However, in these cases the duration of the contract must be greater than one year.
What happens if I am not notified in advance of the termination of employment?
If your company did not notify you that it intended to end the employment relationship, they may have a problem, or they may not.
As with the days in advance, this depends on the type of contract, its duration, among other variables to take into account.
And it is that we must know that, for example, a temporary contract, since it cannot exceed one year, does not oblige the company to notify the termination of employment days in advance.
On other occasions, when the company fails to comply with this, two scenarios can occur.
The first of them, in which the company does not notify the worker and receives a penalty for it. This sanction will always be in favor of the worker, so it could be remedied with financial compensation.
Also, the company could not notify it and pay it in the settlement, together with the severance payment that will always accompany this notice.
Contract termination notice
Thus, it is curious, to finish, that almost all contracts implement clauses in which the need to communicate the termination of a certain contract with X days in advance is notified.
Even when we rent a house and we want to kick out the tenant, the contract usually obliges the landlord to notify the tenant that he must leave the house 30 days in advance.
Depending on the contract, being able to fix them in some cases, these days will vary.
However, notice is a fairly common element to see in contracts of all kinds.