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    • Join Date: Jul 2005
    • Posts: 928

    Meaning ("by law")


    could you please help me? I have the following sentence:

    The contract of employment shall, in any event, terminate by law, without the requirement of a termination notice, on the last day of the month in which Mr. X reaches the age of 65 years, or if earlier on such a date whereon Mr. X will go into early retirement.

    Does "by law" relate to the "last day of the month ..." or are these separate items? (The contract shall terminate either "by law" OR "on the last day of ...." OR "on a date whereon ...."

    Thanks a lot!


    • Join Date: May 2008
    • Posts: 810

    re: Meaning ("by law")

    By law refers to the condition set by the legislation.

    In this case, it relates to the last day of the month, as the last day of the month is the particular date set by the law; however there is no special connection (outside of this contract) between the term by law and the last day of the month.

    It could just as easily read: by law the contract will terminate on the first day of the year.

    Does this answer your question or have I misread your problem?

    I am not a teacher.

    • Join Date: Nov 2007
    • Posts: 5,409

    re: Meaning ("by law")

    Whether this man himself puts in a 'notice of termination of employment' or not, is deemed irrelevant. By law, his employment with the company ends if (a) he decides to take early retirement (that is, cease employment before the age of 65
    (b) when he does reach 65

    BUT NOTE: say he turns 65 on 1st September, 20XX, and doesn't want to retire - refuses to retire - and so does not put in a 'notice of termination of employment'.
    Then - the company is covered, because by law, he must, and this 'forced termination' will come into effect 30th September 20XX (so they don't have to pay any wages and can remove him from the premises for trespass as from that date.)

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