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Termination without notice

If you resign without giving notice, you need to pay salary in lieu of notice. Termination without notice can happen in situations such as breaking the terms of the contract, failure to pay salary and absence without cause.

Either you or your employer may terminate a contract without waiting for the notice period to end.

You can do so by paying the other party salary in lieu of notice (“notice pay”). This is money equivalent to the salary that you would have earned during the required notice period.

When you can terminate without notice

Either you or your employer may terminate the employment without notice when terms of employment have been breached.

Your employer is considered to have breached the contract if they fail to pay your salary within 7 days of it being due, you can leave employment without notice.

You are considered to have breached the contract and your employer can terminate employment without notice if:

  • You are absent from work continuously for more than 2 working days, without approval and a good excuse.
  • You are absent from work continuously for more than 2 working days without informing and attempting to inform your employer of the reason.

The party that breached the terms of employment will be liable to pay salary in lieu of notice.

Changes to terms and conditions of work

Your employer cannot change the terms and conditions of employment without your consent. If you do not agree to the changes, you should negotiate with your employer for an agreement acceptable to both.

If there is no agreement, either party may choose to end the contract by serving the notice period.

If your resignation is rejected

An employer cannot reject your resignation. You have the right to resign at any time, by serving the required notice or by compensating the employer with salary in lieu.

Note: It is an offence for employers to disallow employees to leave their job.

Compensation from employees for ending a contract

Your contract may require you to pay a monetary compensation (in addition to notice pay) for terminating the contract before a specified period.

Such terms are not covered by the Employment Act and are based on the contract of service. Any disputes have to be settled by the civil court.

Last Updated: 6 February 2017