Who Can Terminate the Contract of Employment?

In an employment relationship, the concept of notice is a crucial aspect of the contractual arrangement between an employer and an employee. Notice refers to the advance notification given by one party to the other party when they intend to terminate the employment relationship. It allows both parties to plan for the future and make necessary arrangements.

Here are some key points related to the concept of notice in an employment relationship:

Notice Period: This is the duration of time an employee or employer is required to give notice before terminating the contract. The specific notice period can vary depending on the employment contract, company policies, and applicable labor laws.
Contractual Agreement: The notice period is typically outlined in the employment contract. It specifies how much notice must be given by either party in the event of termination.
Unilateral Termination: In most cases, either the employer or the employee can unilaterally terminate the employment relationship, provided they comply with the agreed-upon notice period. This means that either party can initiate the termination process.
Breach of Contract: If either party terminates the contract without giving the required notice, it may be considered a breach of contract. The non-breaching party may have legal recourse, which could involve compensation or other remedies.
Mutual Consent: In some situations, both parties may agree to waive the notice period, allowing for immediate termination. This typically requires mutual consent and should be documented in writing.
Garden Leave: Some contracts may include a provision for "garden leave," which means an employee is required to serve out their notice period but is not actively involved in their regular duties during this time.
Payment in Lieu of Notice (PILON): Instead of working through the notice period, an employer may choose to provide payment in lieu of notice. This allows the employment relationship to end immediately, but the employee receives compensation equivalent to what they would have earned during the notice period.
Statutory Notice Period: Labor laws in many countries establish a minimum notice period that employers must give to employees, and vice versa. These statutory requirements serve as a baseline and can be supplemented by any additional notice period stipulated in the employment contract.
Special Circumstances: In certain cases, such as gross misconduct, an employer may have grounds for immediate termination without notice. Similarly, an employee may have valid reasons for immediate resignation (e.g., safety concerns).

In the case of Mohbad and Marlians Record, if there is a dispute regarding the termination of the contract, it would likely be examined in the context of the notice period stipulated in their employment agreement. If Mohbad attempted to terminate the contract and Marlians Record resisted, it suggests a disagreement over whether the notice period was properly adhered to.

Ultimately, the specifics of the situation would depend on the terms outlined in their contract, any relevant labor laws in Nigeria, and the evidence presented by both parties. Consulting legal counsel would be advisable for any party involved in a dispute of this nature.