Commencement of a new employment during prior notice period stops the right to salary

An employment agreement stipulated that in the event of termination the employee is entitled to a 90-day prior notice. During the prior notice period the employee commenced a new employment.

The Labor Court rejected the employee’s claim for salary during the prior notice period and held that the prior notice is not intended only in order to give the employee an opportunity to find another employment, but also to allow the employer to find a replacement and to get organized for the termination of the employer-employee relations. The purpose of allowing the employer to get organized for the date of termination of employment relations was impaired when the employee did not maintain her part to work during the prior notice period and thus the right to salary is terminated.