56. Rights of Employer and Employee to minimum notice
Past version: effective from 14/06/2015 - 13/06/2015
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(1) An Employer or an Employee may terminate an Employee's employment in accordance with this section.
(2) Subject to subsections (4) to (6), the notice required to be given by an Employer or Employee to terminate an Employee's employment, where the Employee has been continuously employed for 1 month or more, shall not be less than —
(a) 7 days if the period of continuous employment is less than 3 months;
(b) 30 days if the period of continuous employment is 3 months or more but less than 5years; or
(c) 90 days if the period of continuous employment is 5 years or more.
(3) Any provision for shorter notice in a contract of employment with an Employee who has been continuously employed for 1 month or more has effect subject to the minimums specified in subsection (2), but this section does not prevent either an Employer and Employee from agreeing to a longer period of notice nor shall it prevent either party from waiving notice or from accepting a payment in lieu of notice.
(4) Subsection (2) does not apply where either the Employer or Employee terminates the employment for cause in accordance with section 57.
(5) Subsection (2) does not apply where the employment of an Employee has been terminated in accordance with section 31.
(6) Subsection (2) does not apply where the employment of an Employee is terminated in accordance with section 9(2).