Free Employment Contract

Answer a few simple questions Print and download instantly It takes just 5 minutes

Create Your Free Employment Contract

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Employment Contract

Termination Notice


Termination Notice



Frequently Asked Questions
What is "notice"?A notice period is the length of time a party is notified of an action before it takes place. For example, an employer giving a two-week termination notice means the employee will be notified of the decision two weeks before the employment relationship ends.How much notice should be given?Generally, the longer an employee has worked for an employer, the longer the required notice period. Most customers choose one or two weeks’ notice but any amount is permitted. If no notice period is stated, then the statutory minimums will apply, which vary depending on the length of employment.

The notice period to terminate the contract must be the same for both the employer and the employee.
What is the statutory minimum notice of termination?If no notice period is provided in the contract, the minimum length of notice required by the Employment Act to terminate a contract of service is at least:
  1. one day’s notice if the employee has been working for the employer for less than 26 weeks;
  2. one week’s notice if employed for at least 26 weeks, but less than two years;
  3. two weeks’ notice if employed for at least two years, but less than five years; and
  4. four weeks’ notice if employed for five years or more.
The contract may also be terminated by the employer without notice by paying the employee salary in lieu of the notice period.
Are there instances where notice to terminate is not required from the employer?Yes, notice to terminate is not required where:
  • the employee has wilfully breached a condition of the Employment Contract;
  • the employee misses work for more than two days continuously without informing the employer of the reason for the absence or without obtaining prior approval;
  • the employee has engaged in misconduct; or
  • the employer has paid the employee salary in lieu of notice.

Some examples of misconduct include:
  • disorderly conduct;
  • immoral conduct at work;
  • gross negligence;
  • recklessness;
  • insubordination;
  • divulging trade secrets;
  • misappropriating company property; and
  • theft.
What is required before terminating an employee for misconduct?In order to terminate an employee for misconduct, without notice, an employer must conduct an inquiry into the misconduct. For the purposes of an inquiry, the employer may suspend the employee for up to one week, and pay the employee at least half of the employee’s salary during this time. If the inquiry does not show employee misconduct, the employer must immediately pay to the employee the full amount of any salary withheld.




Related documents

Employment Contract Template Sample thumbnail

Sample

Employment Contract

Personalise your Employment Contract.

Print or download in minutes.

Create your free Employment Contract today
Know someone who could benefit from free legal forms? Pass it along:
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Loading ...
Loading ...

Note: Your initial answers are saved automatically when you preview your document.
This screen can be used to save additional copies of your answers.