Understanding the Notice Period: 15 Days or 15 Business Days?

When it comes to legal notices, particularly in the context of employment contracts, one fundamental question often arises: Does a 15-day notice period include 15 calendar days or 15 business days, especially if weekends or public holidays fall within that period?

It is crucial to read the notice carefully to determine whether it refers to calendar days or business days. Unless explicitly stated, most states assume that a notice period is measured in calendar days, which would include weekends and public holidays. This approach is taken due to the principle that courts interpret legal notices in favor of the party that did not draft them. By clearly specifying whether weekends and holidays are included, the notice becomes more straightforward and less open to interpretation.

For example, when setting a legal notice period, it is common practice to state that the notice is effective at 12:01 a.m. on the given date. If a notice period is set for 15 days, it is generally interpreted as 15 calendar days, unless the notice specifies that it includes only business days. In such cases, the period would exclude Saturday and Sunday, but still count public holidays.

Understanding Business vs. Calendar Days

When considering the types of days in a notice period, it is important to differentiate between business days and calendar days. Business days refer to the weekdays, typically Monday to Friday, while calendar days include weekends and public holidays.

In recent years, there has been a shift toward recognizing that many employees work outside traditional 9-5 office hours, including shift workers and those in industries that operate around the clock. This suggests that the notice period based on 15 calendar days is more common, especially in industries where weekends and public holidays are part of regular working hours.

Historical Context

The concept of work hours and public holidays has evolved significantly over the years. In the pre-1970s era, the Sunday Trading laws imposed strict limitations on businesses operating on Sundays. As a result, many retail chains, motorway service stations, and small shops, often referred to as “Sunday Shops,” were subject to a different set of rules. These shops were permitted to open only after morning church services and close by early afternoon to cater to the limited supply of goods needed for immediate use, such as toiletries and food items.

Even pharmacies and chemists were limited in what they could sell on Sundays unless under a prescription from a doctor. For example, a bar of unscented soap could be sold but not scented soap. Similarly, laundromats were not allowed to open until early 1970s. These strict regulations were gradually relaxed, leading to current legislation where weekends and public holidays are considered as part of standard work hours.

Legal Interpretation and Practical Considerations

Since the interpretation of legal notices is typically in favor of the party that did not draft them, it is essential to be clear and explicit when setting a notice period. This includes covering the days of service and accounting for weekends and public holidays. For instance, if a 14-day notice period is specified, this often includes one day for the issuance of the notice and another for the notice to be served.

The key considerations are: Is the notice period based on calendar days or business days? Are weekends and public holidays included in the notice period? Is there a specific timeframe for serving the notice? What are the legal consequences of missing the notice period?

By being clear and specific, both parties can avoid misunderstandings and ensure that the notice period is respected and followed accordingly.

In conclusion, the notice period is typically measured in 15 calendar days, including weekends and public holidays, unless explicitly stated otherwise. By being explicit and clear in your legal notices, you can avoid any potential disputes and ensure that both parties understand the terms of the notice period fully.

Key Takeaways: Most states assume a notice period is in calendar days unless specified otherwise. Businesses and employees should familiarize themselves with the specific terms of their notice period. Clarity and explicitness are crucial in preventing misunderstandings and disputes.