Termination notice of employment

Author: N. Pirilides & Associates LLC
Date:2015-08-03
An employer intending to terminate the employment of an employee, who has completed at least 26 weeks of continuous employment with that employer, is obliged to give the employee a minimum period of written notice, depending on the length of his service, which is as follows: 
 
 
 
 
Period of employment             Period of notice to be given
6 months to 1 year                    1 week 
1 to 2 years                                2 weeks 
2 to 3 years                                 4 weeks
3 to 4 years                                5 weeks
4 to 5 years                                 6 weeks
5 to 6 years                                7 weeks
More than 6 years                    8 weeks 
 
The employee and the employer have the right to a longer period of notice, if that is so entitled by custom, law, collective agreement, contract or otherwise.
 
The employer is not obliged to give notice, if the employment is on a probationary basis which can be fixed for a period not longer than 104 weeks.  If such period is longer than 26 weeks, there should be a written agreement between the employer and the employee in place.
 
An employee, who has been given a termination notice, is entitled to a full paid time off from work not exceeding 8 hours per week and a maximum of 40 hours in total, in order to be able to seek a new employment.  An employee, who has been given notice, is entitled, if he finds new employment, to leave the employment of his employer without any notice. In such case the employee loses his entitlement to payment for the remaining of the period of notice.
 
The employer has the right to terminate the employment of an employee without notice, where the employee’s conduct is such as to justify his dismissal without notice.
  • Conduct of the employee makes it clear that the relationship between the employer and the employee cannot reasonably be expected to be continued.
  • Gross misconduct by the employee in the course of his duties.
  • Commission by the employee in the course of his duties of a criminal offence without the agreement, expressed or implied, of his employer.
  • Immoral behaviour by the employee in the course of his duties.
  • Serious or repeated contravention or disregard by the employee of work or other rules in relation to his employment.
 
Where the employer does not exercise his right to dismissal without notice within reasonable time, the termination of employment is deemed to be unjustified.
 
Employee’s obligation to give notice to the Employer
 
An employee who intends to terminate his employment, has to give a minimum period of notice to his employer, depending on his duration of employment, as follows:
 
Period of continuous employment Minimum period of notice
26 to 51 weeks 1 week
52 to 259 weeks 2 weeks
260 weeks or more 3 weeks
 
The right of an employer to a longer period of notice, if he is so entitled by custom, collective agreement, contract or otherwise, is not affected by the Termination of Employment Law.

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