Severability clause in the employment contract

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If only one part does not apply, the rest does not have to be invalid as well. A severability clause in the employment contract serves to "save" it if individual agreements should prove to be ineffective.

A severability clause can " save" an agreement.
A severability clause can "save" an agreement.

The term "severability clause" or the word "salvatorisch" can be derived from the Latin word "salvus" for "safe" or "saved". Contracts can also be "saved" by inserting a corresponding clause through which this rescue will of the parties becomes clear.

Include a severability clause in a contract

  • If a contractual agreement is void in individual points, this can very quickly result in the entire nullity of the contract or of the legal transaction. Because according to According to § 139 BGB, a legal transaction is considered void if it is not apparent that the parties would have concluded it without what is void.
  • However, it is not always possible to determine such a clear party will. A severability clause helps to ensure that the partial invalidity of a contract does not lead to total invalidity.
  • In such a wording, the parties declare that, for example, a employment contract otherwise is to be effective if part of it is null and void. This means that the contract continues to apply, even if part of it is not valid.

Make a corresponding regulation in the employment contract

  • In the case of an employment contract, it can happen in numerous cases that individual regulations are to be regarded as null and void. For example, if they disadvantage a contracting party - usually the employee - too much and are therefore not legally permissible.
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  • If, for example, a longer period of notice is provided for the employee in an employment contract than for the employer, this provision is already in accordance with § 622 para. 6 BGB ineffective. Because this would put the employee at a disadvantage.
  • An employment contract can also be partially void if it contains provisions that are less favorable to the employee than a current collective agreement. However, if the parties have thought of the severability clause, the rest of the contract will remain in effect.

A contract can be "saved" with a severability clause, even if parts of it are void. It therefore also serves to increase confidence in the existence of a contract.

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