Giving Notice & Resigning
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Across all industries and workplaces, over two-million workers in unions across Australia continue to negotiate higher pay to ensure all members get a fair wage for a fair day’s work. Join your union today and make it happen.If you want to resign from your job, you need to let your employer know and continue working until the required notice period is completed.
You do not need to give a reason for resigning. However, an employer must provide 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 (known as a notice period).
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 amount of notice that you need to give will be set out in the modern Award or Enterprise Agreement or employment contract that applies to your employment. If these documents are silent on your notice period you will need to give reasonable notice. Contact your union if you need help working out how much notice you are entitled to or for more information on reasonable notice.
It is best to provide notice of termination in writing. Be sure to keep a copy of your resignation for your own records.
After You Give Notice
Your employer has to accept your notice of resignation when you submit it.
Once you submit your notice of resignation, you can:
- Continue to work until the notice period ends
- Take leave if your employer agrees — but your employer cannot force you to take leave, or
- Be paid out for the notice period by your employer rather than have to work until the notice period ends.
If your employer does not want you to keep working after you give notice, they still have to keep paying you until the period of notice ends, including all entitlements you would have received if you had worked the notice period. Therefore, 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.
| Period of continuous service | Minimum notice period |
| 1 year or less | 1 week |
| 1 – 3 years | 2 weeks |
| 3 – 5 years | 3 weeks |
| 5+ | 4 weeks |
These are the minimum notice periods defined by the National Employment Standards. Certain Awards, Enterprise 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. However, 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 and provide information on when your employment ends.
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 chooses to pay you out for your notice period, they must pay you all the entitlements and allowances you would otherwise have been paid, including 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.
Who is Not Entitled to Notice?
Unless an applicable modern Award, Enterprise Agreement or employment contract provides otherwise, 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 on resignation notice, contact your union.
Resignation and Notice Periods – Frequently Asked Questions
What is a notice period?
In Australia, a notice period is the minimum amount of time that an employer must give an employee before ending their employment. Notice periods can be either written or verbal, but must be given in accordance with the contract of employment.
Traditionally, a written notice is better as it provides a record of the termination taking place, and the timing of the termination.
What are the benefits of a Notice Period?
There are many benefits to having a notice period in your employment contract. A notice period protects both the employer and the employee by providing a set amount of time that either party must give before terminating the contract.
This ensures that both parties have time to prepare for the change and prevents any sudden surprises. Notice periods are also known as registered agreement that will help avoid any claims of unfair dismissal.
A notice period also provides employees with job security and peace of mind, knowing they will not be suddenly let go from their job without any warning. It also gives them time to look for another job if they are unhappy with their current situation.
How much notice must you give to resign?
In Australia, there is no federally mandated notice period that employees must give in order to resign from their job. However, if a modern Award or an Enterprise Agreement applies to your employment, it may set out the minimum notice of resignation that you are required to give.
Most employers will also include a clause in the employment contract specifying the required notice period. This notice period will apply as long as it meets the minimum requirement in any applicable modern Award or Enterprise Agreement. This is typically between one and four weeks’, depending on how long you have been employed, but can be longer for senior employees or those in management positions.
How much notice to resign as a casual?
Unless a modern Award, Enterprise Agreement or your contract of employment requires otherwise, you don’t have to give any notice as a casual employee. [EH1]
What happens if I don’t give the required notice in Australia?
If you don’t give your employer the required notice, they may not pay you for the full amount of work you have done. This is because, in some cases, your employer can deduct money from your final pay if you give them insufficient notice.
To avoid this, it’s always best to check your employment contract, any applicable modern Award or Enterprise Agreement, or talk to your employer before you resign. This way, you’ll know their policy on notice periods and final pay.
How much notice do I have to give to resign in QLD?
In Queensland there is no minimum notice period in the legislation that an employee must give their employer . You should check your employment agreement, modern Award or EBA as some employers require a specific notice period.
The minimum notice period an employer must give an employee in QLD is:
| Period of continuous service | Minimum notice period |
| 1 year or less | 1 week |
| More than 1 year – 3 years | 2 weeks |
| More than 3 years – 5 years | 3 weeks |
| More than 5 years | 4 weeks |
How much notice do I have to give to resign in NSW?
In NSW there is no minimum notice period in the legislation that an employee must give their employer. You should check your employment agreement, modern Award or EBA as some employers require a specific notice period.
The minimum period an employer must give an employee in NSW is:
| Period of continuous service | Minimum notice period |
| 1 year or less | 1 week |
| More than 1 year – 3 years | 2 weeks |
| More than 3 years – 5 years | 3 weeks |
| More than 5 years | 4 weeks |
How much notice do I have to give to resign in Victoria?
In Victoria there is no legislative obligation for employees to provide any kind of notice period. However, other instruments that govern the terms of your employment, such as your employment contract, Award or EBA may set out such obligations.
The minimum period an employer must give an employee in Victoria is:
| Period of continuous service | Minimum notice period |
| 1 year or less | 1 week |
| More than 1 year – 3 years | 2 weeks |
| More than 3 years – 5 years | 3 weeks |
| More than 5 years | 4 weeks |
How much notice is needed to resign from a full-time role?
The amount of notice you are required to provide your employer of your intention to resign your full-time role will depend upon the requirements in any modern Award, Enterprise Agreement or individual employment contract that applies to you. Your required notice period can vary depending on your length of service If not provided for elsewhere, you must give reasonable notice, which you can negotiate with your employer when you come to resign.
Searching for more information on notice periods, resigning, and dismissals? Contact the Australian Unions’ support centre or join your union for an in-depth chat about the process of resigning and what it means for your working future.
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