This clause establishes that formal notices required under an employment contract may be validly delivered via facsimile (fax) transmission. It specifies that a fax notice is considered received and effective when the sending machine produces a transmission confirmation receipt, rather than requiring physical delivery or other proof of receipt. This clause matters because employment contracts often require notices for termination, disciplinary actions, benefits changes, or other critical communications. By permitting fax delivery, the clause provides a faster alternative to mail while creating a clear, documented record of when notice was sent. However, in modern practice, this clause may be outdated given the prevalence of email and electronic communication methods that provide superior documentation and delivery confirmation capabilities.
If you are negotiating an employment contract containing this clause, consider proposing an amendment to modernize the notice provisions. Specifically, request that the clause be expanded to include email delivery with read receipts, certified mail, and other contemporary communication methods. Ensure the clause clearly defines what constitutes valid receipt (e.g., transmission confirmation for fax, delivery confirmation for email) and specify any timeframes for deemed receipt (e.g., notice is effective 24 hours after transmission unless sender receives non-delivery notification). This protects both parties by reducing disputes over whether notice was actually received.
Frequently Asked Questions
What does this clause mean in simple terms?
This clause establishes that formal notices required under an employment contract may be validly delivered via facsimile (fax) transmission.
Why should I care about this clause?
It specifies that a fax notice is considered received and effective when the sending machine produces a transmission confirmation receipt, rather than requiring physical delivery or other proof of receipt.
What are my options?
This clause matters because employment contracts often require notices for termination, disciplinary actions, benefits changes, or other critical communications.
How does this affect small businesses?
By permitting fax delivery, the clause provides a faster alternative to mail while creating a clear, documented record of when notice was sent.