Legislation sets out minimum notice periods which must be observed by both the employer and employee when wishing to terminate a contract of employment.
They are as follows:
|
Length of Service
|
Minimum Notice Entitlement
|
|
13 weeks - 2 years
|
1 week
|
|
2 years - 5 years
|
2 weeks
|
|
5 years - 10 years
|
4 weeks
|
|
10 years - 15 years
|
6 weeks
|
|
15 years +
|
8 weeks
|
Notice
- Notice must be given by the employer directly to the employee. Giving notice to the union representatives is not sufficient.
- If an employee intends to terminate his contract of employment, then his employer is entitled to a minimum one week's notice.
Waiver and exemeption from legislation
- Either side may voluntary waiver their right to notice, or may accept payment in lieu of notice.
- If the contract of employment specifies an extended period of notice then this must be adhered to.
- The employer will not be in breach of the legislation if the employee's contract is terminated without notice due to misconduct.
