Notice Periods in Employment Contracts: What You Must Give, What Your Employer Must Give (Australia, 2026)

This guide is for employees in the national workplace relations system who want to know what a notice clause in their employment contract means, before they sign or when a job is ending. Law checked 9 November 2026.

Notice periods at a glance

How much notice must my employer give?

When an employer ends your employment, the National Employment Standards set a minimum notice period based on your continuous service on the day you are given notice (Fair Work Act s 117(3)):

Add 1 week “if the employee is over 45 years old and has completed at least 2 years of continuous service” (s 117(3)(b)).

Continuous service includes unpaid leave such as unpaid parental leave, but not unauthorised absences. Time spent as a casual “usually won’t count towards continuous service for notice” (Fair Work Ombudsman).

Notice must be in writing

The employer must give you written notice of the day your employment ends (s 117(1)). The Fair Work Ombudsman says notice can be delivered in person, left at your last known address or sent by pre-paid post, and can be sent electronically “if the employee agrees and can easily access it.”

Longer notice in your award or contract

The National Employment Standards are a floor. “An award, agreement or employment contract may require a longer minimum notice period than the NES” (Fair Work Ombudsman). If your contract promises 4 weeks’ notice and the National Employment Standards would give you 1, the contract term is the one to rely on. If the contract promises less than the minimum, the minimum still applies: the National Employment Standards “cannot be displaced” (s 61(1)).

Who does not get notice?

The Fair Work Ombudsman lists the employees to whom the National Employment Standards notice periods do not apply (s 123). They include employees who:

• are casual
• are employed for a specific period of time, season or task
• are dismissed because of serious misconduct
• have a training arrangement and are employed for a set period or the length of the training arrangement (other than an apprentice)
• are daily hire in building and construction or in the meat industry, or weekly hire in the meat industry whose employment ends only because of seasonal factors.

Even after a serious misconduct dismissal, the employer must still pay outstanding entitlements such as time worked and unused annual leave (Fair Work Ombudsman).

How much notice do I have to give when I resign?

The National Employment Standards minimum is notice the employer gives. For notice you give, the Fair Work Ombudsman says: “An award, enterprise agreement or employment contract may set out how much notice an employee needs to give an employer.”

• Award covered. Your award can set the notice you must give, and the Fair Work Ombudsman says minimum notice requirements in awards are based on your continuous service. Check your award, or the Fair Work Ombudsman’s Notice and Redundancy Calculator.
• Award and agreement free. You do not have to give notice unless your contract requires it. “An employment contract can’t provide less than the legal minimum set out in awards and agreements.” If the contract says nothing about notice, or you have no written contract, you “might need to give their employer reasonable notice” (Fair Work Ombudsman).
• Casual. Casuals “don’t have to give notice to their employer when they resign”, although it is best practice to tell the employer your last day.

Your notice period starts the day after you give notice and ends on your last day. It is best practice to resign in writing and state your last day. The Fair Work Ombudsman also says: “An employer can’t choose to accept or reject an employee’s resignation.”

My contract asks for more notice from me than from them

This is common: for example, 3 months from you and the minimum from the employer. The National Employment Standards deal with the notice the employer gives, so an uneven clause is mainly a negotiation point. A long resignation period can delay a new job, so ask before you sign whether it is needed and whether the employer will match it.

What if I do not give enough notice?

If you are award covered, most awards let the employer deduct up to one week’s wages when:

• you are 18 or over,
• you have not given the right amount of notice under the award, and
• the deduction is not unreasonable.

The Fair Work Ombudsman says employers “can only deduct wages owed under the award” and cannot deduct from other entitlements such as leave or over-award payments. An enterprise agreement can have similar terms.

If you are award free, look closely at any contract clause that lets the employer keep pay when you leave early. Deductions from pay must fit one of the categories in the Fair Work Act (s 324), for example a deduction you authorise in writing that is principally for your benefit. A contract term has no effect to the extent it permits a deduction that is for the employer’s benefit and unreasonable in the circumstances (s 326). Flag any such clause before you sign.

Payment in lieu of notice and working your notice

When an employer ends your employment, it can let you work the notice period, pay you instead of notice, or do a combination of the two (Fair Work Ombudsman). If it pays you out, the payment must equal “the full amount the employee would have been paid if they had worked until the end of their notice period”, which includes:

• incentive-based payments and bonuses
• loadings
• monetary allowances
• overtime and penalty rates
• any other separately identifiable amounts.

If you are paid out, your employment ends on your last working day and you stop accruing leave from then. If you work the notice period, you keep accruing leave.

Some contracts let the employer tell you to stay away from work during notice while you remain employed, sometimes called garden leave. Check that such a clause says you are paid in full and what you may do during that time.

Leave and public holidays during notice

You can take paid annual leave during a notice period if your employer agrees, and the employer cannot force you to take leave as part of the notice period. You can take sick or carer’s leave during notice if you give notice of the leave as soon as possible and evidence if asked. Leave and public holidays do not extend the notice period (Fair Work Ombudsman).

Notice during probation, and notice versus redundancy pay

Probation does not remove notice. The Fair Work Ombudsman says employees “are entitled to a notice period even if their employment ends during their probation period.” See our probation guide.

Notice and redundancy pay are separate. Redundancy pay under the National Employment Standards starts at 4 weeks’ pay for at least 1 year but less than 2 years of continuous service (s 119(2)). A small business employer, with fewer than 15 employees, does not have to pay redundancy pay under the National Employment Standards (s 121(1)(b)), but notice still applies.

Notice clauses to check before you sign

1. Notice from the employer. Is it at least the National Employment Standards minimum for every length of service, including the extra week after 45?
2. Notice from you. How long is it, and is it longer than the notice you get?
3. Probation notice. Is there a shorter period during probation, and does it still meet the minimum?
4. Pay in lieu. Can the employer pay you out, and is the payment the full amount, including allowances, loadings and regular overtime?
5. Keeping pay if you leave early. Any clause letting the employer withhold wages, leave or bonuses if you do not work your full notice.
6. Garden leave. Whether you can be told to stay home on full pay, and what you can do during that time.
7. Restraints. Non-compete and non-solicit clauses often start when notice ends. There is no Commonwealth ban on non-competes in force as at 9 November 2026; draft legislation was released on 7 September 2026.

What our review checks

Upload your employment contract and get a plain-English report, written for you as the employee, usually about 5 minutes after you pay. It:

• compares the employer’s notice with the National Employment Standards minimum for your likely service
• quotes the notice you must give and flags an uneven or long period
• checks probation notice, pay in lieu and garden leave terms
• flags clauses that withhold pay, leave or bonuses if you leave early
• checks pay against the likely award, leave, super, hours and deductions
• quotes any restraint that starts when your notice ends
• lists the changes to ask for before you sign

The report explains what the contract says and what the law provides. It is not legal advice and does not tell you a clause is void or enforceable. You decide whether to sign.

Get my employment contract reviewed – $49

Questions people ask

What is the minimum notice period in Australia?

For notice from the employer, the National Employment Standards set 1 week for 1 year or less of service, 2 weeks for more than 1 and up to 3 years, 3 weeks for more than 3 and up to 5 years, and 4 weeks for more than 5 years. Add 1 week if you are over 45 with at least 2 years of service.

Can my employment contract give me less notice than the NES?

No. An employment contract cannot provide for less than the National Employment Standards or the award or agreement that applies. If it does, the minimum still applies.

How much notice do I have to give when I resign?

Whatever your award, enterprise agreement or contract requires. The National Employment Standards do not set a period for employees. Casuals do not have to give notice. If you are award free and the contract says nothing, you might need to give reasonable notice.

Can my employer refuse my resignation?

No. The Fair Work Ombudsman says an employer cannot choose to accept or reject an employee’s resignation. You and your employer can discuss whether you work the notice period or end it early.

Can my employer pay me instead of letting me work my notice?

Yes. The payment must equal the full amount you would have been paid if you had worked to the end of the notice period, including bonuses, loadings, allowances, overtime and penalty rates. Your employment then ends on your last working day.

Can my employer keep my pay if I don’t give enough notice?

Under most awards, an employer can deduct up to one week’s wages from an employee aged 18 or over who did not give the award notice, if the deduction is not unreasonable. It cannot deduct from leave or over-award payments. Award-free deduction clauses must meet the Fair Work Act deduction rules.

Do I get notice if I am on probation?

Yes, unless you are in an excluded group such as casuals. The Fair Work Ombudsman says employees are entitled to a notice period even if their employment ends during probation.

Do casual employees get or give notice?

Casuals are not entitled to notice of termination under the National Employment Standards, and they do not have to give notice when they resign. It is best practice for both sides to confirm the last day.

Is it fair that my contract asks for 3 months’ notice from me?

The National Employment Standards set the notice your employer gives, not the notice you give, so a long resignation period is mainly a negotiation point. Ask for it to be shortened or made the same both ways before you sign.

Is notice the same as redundancy pay?

No. Notice is the warning, or pay instead of it, before the job ends. Redundancy pay is a separate amount under the National Employment Standards, starting at 4 weeks’ pay after 1 year of service. Small business employers with fewer than 15 employees do not have to pay it.

Is the employment contract review legal advice?

No. It is a plain-English report that explains what your contract says, what the law provides and what to ask to change. Claim Done is not a law firm. For a senior role or a dispute, consider legal advice as well.

Related guides

• Should I sign this employment contract?
• Probation periods: your rights
• Employer not paying out your notice period?
• Executive employment contracts: restraints and garden leave

Claim Done is not a law firm and does not give legal advice; this page is general information about Australian law for employees in the national workplace relations system as at 9 November 2026. Your award, enterprise agreement and contract may give you more than the minimums described here.

Sources (checked 9 November 2026)

• Fair Work Act 2009 (Cth), Compilation No. 73 (ss 61, 117, 119, 121, 123, 324, 326)
• Fair Work Ombudsman: dismissal, notice and payment in lieu
• Fair Work Ombudsman: who doesn’t get notice
• Fair Work Ombudsman: resignation
• Fair Work Ombudsman: probation
• Fair Work Ombudsman: about employment contracts
• Treasury ministers: draft non-compete legislation (7 September 2026)