Notice Period Entitlement Checker
Helps both employees and employers understand the minimum required notice period for termination.
Quick Use Samples
Employment Details
Minimum Notice Period
When terminated by an employer, the National Employment Standards (NES) require a minimum notice period. With 4 years of service, your base notice period is 3 weeks.
Important Information
This calculator provides an estimate based on the National Employment Standards (NES). Your award, enterprise agreement, or employment contract may specify a longer notice period. Always refer to your specific employment documents for your exact entitlements. For more information, visit the Fair Work Ombudsman website.
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What is a Notice Period?
A notice period is the length of time that an employer or employee must give to the other before ending the employment relationship. It's a fundamental workplace right in Australia, designed to provide a smooth transition for both parties. The minimum notice periods are set by the National Employment Standards (NES).
Behind the Formula
The NES sets out a sliding scale for the minimum notice an employer must give, based on the employee's years of continuous service. It starts at 1 week for service of 1 year or less, and increases to 4 weeks for service over 5 years. An extra week of notice is required for employees over 45 who have completed at least 2 years of service. The notice an employee must give is typically determined by their award or contract.
Expert Insights
- Your award, enterprise agreement, or employment contract can specify a longer notice period than the NES minimum, but they cannot specify a shorter one. The NES provides the legal safety net.
- An employer can choose to pay an employee 'in lieu of notice'. This means they pay the employee for the notice period and the employment ends immediately, rather than having the employee work through the notice period.
- In cases of serious misconduct, an employer can dismiss an employee without any notice. This is known as summary dismissal and is reserved for very serious breaches of conduct.
Actionable Tips
- Always provide your notice of resignation in writing. This creates a clear record of when the notice period begins and avoids any disputes.
- Check your award or contract. The notice you are required to give as an employee may be different from the NES minimum that an employer must give you.
- If you are made redundant, you are entitled to your full notice period (or payment in lieu) in addition to any redundancy pay you are owed.
Real-World Examples
Termination of a long-serving employee
An employee who is 50 years old and has worked for a company for 8 years is made redundant. They are entitled to the standard 4 weeks of notice, plus an additional week because they are over 45, for a total of 5 weeks' notice.
An employee resigning
An employee wants to resign. Their contract states they must provide 4 weeks' notice. Even though the NES might imply a shorter period, they are bound by the longer period in their contract.
Payment in lieu of notice
An employer decides to terminate an employee who is entitled to 2 weeks' notice. To have the termination take effect immediately, the employer pays the employee an extra 2 weeks' pay on top of their final entitlements.
Glossary of Terms
National Employment Standards (NES)
A set of 11 minimum standards of employment that apply to all national system employees in Australia, including notice periods.
Payment in Lieu of Notice
A payment made by an employer to an employee to cover the notice period, allowing the employment to end immediately.
Summary Dismissal
Termination of employment without notice, only permissible in cases of serious misconduct by the employee.