Giving Notice

If you want to resign from your job, you need to let your employer know and then continue working until the required period of notice is completed.

You do not need to give a reason for resigning. However, an employer must give a reason that is fair in the circumstances unless you are not covered by unfair dismissal laws, such as if you are serving a probationary period.

If your employer no longer wants to employ you, they also need to give you notice in advance. 

Instead of an employee working out a notice period, the employer and employee can instead agree that the employee be paid out the notice period instead.

If you are resigning

The notice you need to give usually depends on how long you have been working for your currently employer.

These are the minimums notice periods, as defined by the National Employment Standards. Certain awards, agreements or employment contracts have longer minimum periods. Contact your union if you need help working out how much notice you are entitled to.

Casuals are not required to give any notice before quitting.

You can give notice any way you like, but it is best to do it in writing. That way you have a record of it happening.

After you give notice

Your employer has to accept your notice of resignation when you submit it.

Once you submit your notice you can:

• Continue to work until the notice period ends
• Take leave if your employer agrees — but your employer cannot force you to, or
• Be paid out for the notice period by your employer, rather than have to work it out.

If your employer does not want you to keep working after you give notice, they still have to keep paying you until the notice period ends, including all entitlements you would have received if you had worked the notice period. Asking you to stop work before the notice period ends without pay could be considered an unfair dismissal.

If you are being dismissed

The minimum amount of notice that your employer needs to give you generally depends on how long you have been working for them.

These are the minimums notice periods, as defined by the National Employment Standards. Certain awards, agreements or employment contracts have longer minimum periods. Contact your union if you need help working out how much notice you are entitled to.

If you are over 45 and have been working for the same employer for more than two years, you are entitled to one extra week of notice – on top of what you would otherwise get.

If you are on probation, you are still entitled to be given notice of your dismissal. 

When working out how long you have been working for your employer, any approved leave counts towards the total amount of continuous service – even if it was unpaid.

Your employer must give you notice – even if you are being made redundant. Your employer does not need to give you notice if you have been terminated for serious misconduct.

Your employer must give you notice of your dismissal in writing. 

After your employer has given you notice

After your employer has given you notice your employer can let you: 

• Continue working until the end of the notice period,
• Stop working but still pay you until the end of the notice period or
• A combination of both options 

If your employer choses to pay you out for your notice period, they must pay you all of the entitlements and allowances that you would otherwise have been paid. This includes superannuation, penalty rates and so on.

If you have been given notice of your dismissal and want to stop working before the notice period expires you can, so long as your employer agrees. However, you are not entitled to be paid if you finish work early.  

You can also take leave once you have been given notice — so long as your employer agrees. But your employer cannot force you to take leave if you do not want to.

If your employer gives you more than the minimum amount of notice, you are free to leave once you have worked the minimum.

Who is not entitled to notice

Notice periods do not apply to:

• Casuals
• Anyone on a fixed-term contract
• Seasonal workers
• Anyone fired for serious misconduct
• Some labour hire employees

If you are unsure about your rights or need assistance, contact your union.

Funding for this factsheet was provided by:

• the Victorian Government as part of the uTech project; and
• the Fair Work Ombudsman. 

Please note that the information given here is general information only and is not legal advice. For further assistance, it is recommended you speak to your union.