The contract contains a PILON or "payment instead of termination" clause. You should include a payment instead of the termination clause if you want to have the option to make a payment instead of allowing the employee to continue working on full notice. The PILON would cover the salary until the end of the notice period, together with the cash equivalents of any benefits in kind. The advantage of a PILON clause is that you can ask the employee to leave immediately without violating the employment contract and thus maintain the integrity of the confidentiality and exclusivity clauses. Through our strategic partnership with the law firm Ward Hadaway, Ward Hadaway has a team of real estate experts who can help you establish a service occupancy agreement and help you avoid the pitfalls of an insured short-term rental agreement that are accidentally created. Alternatively, if you have an employee who will not leave the accommodation and you need advice on the basis of the profession of employee and the procedure for obtaining ownership of real estate, the team can help you. Regardless of the duration of the employment relationship, a shorter notice period of one month may be required if the rental agreement or employment contract provides that the worker must reside in a particular property because of the work and that the employer must replace the tenant as soon as possible. This could be the case, for example, with security personnel. The notice period for work accommodation is six months if the dismissal is carried out by the lessor, provided that the employment relationship has lasted at least one year.
For employment contracts of less than one year`s duration, the notice period to be respected by the lessor is three months. However, the notice period shall be reduced to three months for employment contracts of more than one year and to one month for employment contracts of less than one year`s duration, if the employer has terminated the employment relationship for a reason other than the worker`s illness. The notice period is reduced in the same way where the worker has terminated without complying with the notice period or terminated the employment contract in the absence of the substance set out in Chapter 8(12) of the Employment Contracts Act and the employer terminates the rental agreement on account of such termination of the employment relationship. This contract covers the requirements of a standard De Section One Statement form. As of April 6, 2020, there will be new rules, which will have to be included in a written declaration for newcomers, and staff already in place will be able to request a written declaration in accordance with the new rules. This contract meets these requirements and must be made available to the worker before the first day of employment. One of the most important points that indicate that an agreement amounts to a service occupation is as follows: if a worker does not grant an agreement before the end of the required notice period or as necessary at the end of the employment contract, it may be necessary to initiate legal proceedings to obtain a property order, since the mere modification of locks to exclude the worker from immovable property may be necessary, could constitute an offence under the Eviction Protection Act. .