Termination of Fixed Term Contract in Zimbabwe: What You Need to Know
Fixed term contracts are common in Zimbabwe and are used to provide job security for employees while also allowing employers to plan for the future. However, there may be instances where the contract needs to be terminated before the agreed-upon termination date. In this article, we will discuss what employers and employees need to know about the termination of a fixed term contract in Zimbabwe.
Legal Requirements
Firstly, it is important to note that terminating a fixed term contract in Zimbabwe comes with legal requirements. An employer cannot simply terminate a contract without following the legal procedures set in place. Termination can only be done when the contract has a clause that allows for its termination, or if the contract has been breached by either party.
When a contract is terminated, the employer must provide the employee with notice of termination. The notice period should be stipulated in the contract and should be reasonable. If no notice period is specified, then the employer should provide notice that is reasonable, depending on the circumstances.
Employees who feel that their contract has been unfairly terminated can seek recourse through labour courts. These courts will examine the circumstances surrounding the termination and will determine whether or not the employer acted within the law.
Mutual Termination of Contract
If both the employer and the employee agree to terminate the contract before the agreed-upon date, then they can mutually terminate the contract. Mutual termination should be done in writing and should outline the reasons for terminating the contract.
The employer should also ensure that the employee is given all the benefits that are due to them, such as any unpaid salary, annual leave, and any bonuses. Failure to do so can result in legal action being taken against the employer.
Breach of Contract
If one party breaches the terms of the contract, then the other party can terminate the contract. For example, if an employee fails to show up for work for a prolonged period without a valid reason, then the employer can terminate the contract.
In such circumstances, the employer should provide the employee with notice of termination and should ensure that all the benefits that are due to the employee are paid.
Conclusion
Terminating a fixed term contract in Zimbabwe comes with various legal requirements that both employers and employees should be aware of. Employers should ensure that they follow the rules set out in the contract and should act within the law when terminating a contract. Employees, on the other hand, should be aware of their rights and should seek recourse through labour courts if they feel that their contract has been unfairly terminated.
If you are an employer or employee in Zimbabwe and require legal advice on the termination of a fixed term contract, it is advisable to consult a qualified legal practitioner.