The notice period of resignation is between the date an employee resigns and the last day they work for the company. During the notice period, meaning in the job, the employer must let the employee know that their employment is ending. It is the time between when an employee decides to leave and when they leave that is considered a notice period.
Where Does This Entitlement Come From?
National Employment Standards (NES) give employees the right to receive notice before being dismissed, but these standards are an essential component of the Fair Work Act 2009. Employers cannot amend or waive NES entitlements for employees, regardless of whether they agree to waive some or all of their NES entitlements. There are over $50,000 for failing to provide NES entitlements to employees.
Are All Employees Entitled to Notice?
It is the employer’s responsibility to notify the employee when they have a permanent contract. Occasionally, it would help if you gave notice to employees with fixed-term contracts. In the latter case, both you and your employee must agree in the contract that you both have the right to terminate the employee’s employment. A contract can be terminated by the end of the month unless a written agreement has been reached otherwise.
It’s not necessary to give notice:
During the trial period of a new employee
As an example, in summary, dismissals based on gross misconduct
Following a breach of contract, a summary resignation occurs when the employee resigns with immediate effect.
How Much Must Notice Be Given?
The time and length of the notice period are not universal rules. While many jobs have a two-week notice period, managerial and technical positions need more time for the organization to reorganize its critical functions.
Many companies clarify notice expectations in employment contracts when you sign them upon onboarding. If you decide how much notice to give, consider how your notice will affect the time you have left at work and how long it will take you to transfer your tasks to someone else. Put your career needs first while taking note of company operations. As long as you are on excellent terms with your current employer and you have another job lined up in a month, you may want to consider providing a more extended notice period to ease the transition.
Some employers may extend statutory notice periods for older employees. This is the case for employees who:
Employed before 1999,
At the time, both were 45 years old.
A contract includes a notice period longer than the current statutory notice period.
When Does an Employee’s Employment End?
The employee’s notice period will determine whether they receive payment instead of notice or work through it:
They are no longer employed at the end of their notice period if they continue to work through it.
If the employee is paid part of or all of the notice period rather than working it, the employee’s employment ends on the last day they perform work.
Does an employee have to provide notice if they resign?
For those who have worked for their employer for at least one month, the legal minimum amount of notice required is one week.
A more extended notice period is usually stipulated in your employment contract. When it does, you should provide your employer with that notice period.
It is your responsibility to give your employer a reasonable notice period if your employment contract does not stipulate one. As no written or oral agreement is provided, there is an ‘implied contract.’ The law automatically provides it. According to your seniority and tenure, you will be entitled to a reasonable salary.
In the case of an employee, there is a statutory notice period that is also treated as part of the contract.
- Employment status
- Employment contracts
- Resigning from a job
In the unlikely event that you fail to provide adequate notice, you may be liable for damages to your employer. You may have to pay extra if they hire a temporary replacement for you. Try and arrange with your employer if you need to give less than proper notice, and if possible, have this in writing.
Bottom line
A notice period outlines a schedule for terminating an employee, allowing both parties to move forward smoothly. Observing the notice period rules demonstrates mutual respect for the other party, an essential part of a healthy employment relationship, and an essential component of a robust company culture. Maintaining manual notice period lists and management of employees leaving the organization is not an easy process. For this you need an employee management software that will help in managing the employees, their leaves and notice time period easily. By connecting with Beehive software you will be able to streamline your process effectively.
