Discharge on miscellaneous Clause Samples
The 'Discharge on miscellaneous' clause serves to release parties from certain obligations under specific, often less common, circumstances not otherwise addressed in the main contract terms. This clause typically applies to situations such as changes in law, unforeseen events, or administrative requirements that make performance impractical or impossible. By including this provision, the contract ensures that parties are not unfairly held to obligations when unexpected or exceptional situations arise, thereby providing flexibility and reducing the risk of disputes over unforeseen contingencies.
Discharge on miscellaneous grounds 1 The employer may also discharge an employee, other than at his request, by way of a sanction or pursuant to the provisions of Section 7 of the Incompatibility of Office (States General and the European Parliament) Act and of Articles 12.3, 12.5 and 12.7 to 12.10 on the grounds of: a the loss of a qualification for appointment prescribed by the employer in a regulation laid down prior to the appointment, unless the requirement only applies for starting in the job;
Discharge on miscellaneous grounds 1 The employer may also discharge an employee, other than at his request, by way of a sanction or pursuant to the provisions of Section 7 of the Incompatibility of Office (States General and the European Parliament) Act and of Articles 12.3, 12.5 and 12.7 to 12.10 on the grounds of: a the loss of a qualification for appointment prescribed by the employer in a regulation laid down prior to the appointment, unless the requirement only applies for starting in the job;
b a final and irrevocable judicial decision placing the employee under guardianship; c committal for debts by virtue of a final and irrevocable judicial decision; d an irrevocable conviction for a crime leading to a prison sentence; e incompetence or unsuitability to perform the job he holds, otherwise than on the grounds of mental or physical disability; f the provision of inaccurate or incomplete information at the time of or in connection with the commencement of employment or a medical examination, without which action the employee would not have been employed or the medical examination would not have been passed, unless the employee can show that he acted in good faith.
2 A discharge on the grounds of the first paragraph under a. and e. shall be an honourable discharge.