If you’ve recently signed an employment contract, you might have heard the term “novation” being thrown around. But what does it mean, and can you novate your employment contract?
Firstly, let’s define what novation is. In legal terms, novation refers to the transfer of a legal obligation from one party to another. This means that if you novate your employment contract, you are transferring your rights and obligations under the contract to someone else.
However, novating an employment contract is not a common practice. In fact, it’s highly unlikely that an employer would agree to novate a contract, as they have no obligation to do so.
If you’re looking to transfer your employment contract to a new employer, the best option would be to negotiate a termination of your current contract and enter into a new one with the new employer.
It’s important to note that novation can only occur if all parties involved agree to it. If you attempt to novate your employment contract without your employer’s consent, it could be considered a breach of contract and could result in legal action being taken against you.
In summary, while novation is a legal term that refers to the transfer of a legal obligation from one party to another, it’s not commonly used in the context of employment contracts. If you’re looking to transfer your employment contract to a new employer, it’s best to negotiate a termination of your current contract and enter into a new one with the new employer. As always, it’s important to seek legal advice before making any significant changes to your employment contract.