Severability Employment Agreement

All contracts require a “consideration” defined as a benefit. An employment contract requiring an employee to accept his conditions without offering the worker a benefit such as a promotion or a salary increase is not taken into account and is automatically void. Consideration is an integral part of any employment contract, as employees must receive the “bargain advantage.” If there is no benefit to the worker, the court may consider it too one-sided. A more robust clause will require the court to follow the acceptability approach, regardless of the common law approach of the jurisdiction. This more robust clause goes further than the first approach to separability – because it involves the storage of language – and further than the Blue Pencil approach – because it has stronger reform language and asks the Court to modify or replace unenforceable pieces instead of deleting them. A salvatoriale clause defines what happens to an agreement when part of that agreement is declared unenforceable by a court. An example of a salvatorial clause is something you should read before including a saving provision in a contract. The applicability of such a clause depends on its importance for the purposes of a contract, local and governmental legislation and other factors. If a salvatorial provision is an essential element of a contract and cannot be deleted without changing the subject matter of the contract, it may lead to the ineffectiveness of the entire contract.