Stamping Of Novation Agreement

Novation contracts are considered difficult and time-consuming, since the agreement of three parties is necessary and it is generally difficult, in the event of a breach of an agreement between two parties, to accept one of them, to grant a third party the same commercial advantages. The intention of the legislator to add novation under the Apprentices Act seems to be to create a space of continuity. Whenever it is an agreement with an employer, the apprentice has very few opportunities to take a position, because he is not a “worker” and therefore has few rights. With the novational clause, the law provides protection for the apprentice and the right to continue his training with a new employer. It is not fair to classify Novation as a succession of a third party to the rights of part of the initial contract (ALH Group at 346 [12]). .

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