Hero Image

Notice period not worked

Wage & Pay

13 May 2025 (Last updated 3 Dec 2025)

Share on:

An employee must tell their employer when they intend to resign as well as their final day of employment. The employer should have enough time to find cover and ensure a smooth transition. This act is called ‘giving notice.’ The time between an employee stating their intention to quit and the actual last date of employment is called the ‘notice period.’

Depending on the provision of their employment agreement, or collective agreement; an employee may have to work during their notice period or lose some of their final payment.

The notice period is usually:

  • The same for employers and employees.
  • Mentioned in the contract or agreement.
  • Required to be in writing.

How much notice does an employee have to give?

There is no legal requirement for a minimum notice period. However, this is a term that is usually agreed between the employer and employee when negotiating the employment agreement.

Some factors to consider when deciding how long a notice period should be:

  • Duration of employment for the same employer or organisation.
  • The type of industry and sector.
  • The type of job.
  • Common practice in the workplace.
  • How long might it take to find a replacement to fulfil the position.

If there is no notice period in the employment agreement, the employer and employee can mutually agree to a reasonable notice period.

Ending the notice period early and other arrangements

There are several reasons why an employee might want to resign and end their employment. Some may want to start a new job or relocate to a new country for further opportunities. For this reason, an employer and employee can negotiate the notice period terms to suit their specific needs.

Some of the most common requests from employees include:

  • Waive the notice period entirely (this is common for employees who want to start a new job sooner).
  • Work for only part of the notice period and waiving the remainder.
  • Use some annual leave within the notice period.
  • Go on garden leave.

These arrangements can only be made if both parties agree to them. It is not unlawful for an employer to decline if the request is unreasonable or detrimental to the business.

Last days of employment

In the lead-up to the employee’s final day, employees should tie up any loose ends in the workplace and give all company property back to their employer.

A proper and thorough handover is recommended to ensure the remaining staff members will be able to handle the transition smoothly. The employee who is leaving should also finalise any work and let staff know where to find things, file documents and perform other relevant tasks.

Final payment notice

When an employee resigns, final pay should include any wages up to their last day of employment. If the notice period is waived or the employee only works for part of the notice period then their actual final pay will be adjusted depending on what was agreed.

Sometimes, an employer may wish to deduct an amount from an employee’s final pay if the required notice was not provided. This is only possible if the employer suffers a loss from finding cover as a result of the employee not providing enough notice. The Wages Protection Act 1983 protects employees against unlawful deductions, and in some circumstances deducting from final pay for notice not worked may be illegal. It is best to seek advice about your circumstances before deducting any money from an employee’s final pay.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Have a question?

Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back.

By clicking submit you consent to our Privacy Policy

Related Guides

Wage & Pay

Remuneration

You may use different terms or words when discussing payments associated with jobs. Some of the common terms we often hear include salary, wages, pay, and remuneration. Employers in Australia need to be aware of these terms, their meanings, and their differences. It is crucial that they understand their responsibilities and how each term covers a different aspect of payment. Understanding these terms is important as it will help you avoid underpayments, and any potential penalties associated with underpayments. In this guide we explain remuneration, what is a remuneration package, and the key differences between remuneration and salaries for employees. Remuneration In Australia, it has different meanings in different states when it comes to worker’s compensation or premium calculation. For example, in New South Wales, the 1987 Act says, generally, a payment to a worker is ‘remuneration’ if it is made to, or for the benefit of the worker. Remuneration is any type of compensation or pay for providing services. The term includes pay in the form of a salary, wage or commission, but can also incorporate non-monetary incentives and allowances such as a company car, medical plan, accommodation, or meals. Competitive remuneration can assist in attracting top quality candidates and make existing staff happier and more productive. Extra allowances like bonuses and holidays can incentivise performance and retain key staff for longer as well as attracting more talented employees. To ensure alignment, it is recommended businesses develop a remuneration policy. This policy could incorporate an outline of the guiding principles that decide how the company compensates staff and provide clarity in terms of current market rates, as well as superannuation, minimum entitlements, and any extra benefits. Remuneration Package Remuneration packages are based on a mutual agreement between the employer and employee. For this reason, employers are reasonably free to structure remuneration packages as they see fit if the employee agrees. However, the package must also satisfy the minimum pay and conditions of employment under the National Employment Standards (NES) contained in the Fair Work Act 2009 or the minimum wage under the applicable Modern Award or enterprise agreement covering your employee for the employee’s classification. It should also meet any additional requirements in the employment contract. The remuneration package should be structured according to the employee’s role and responsibilities, industry standards, and the current market rate for similar positions, taking into consideration the location of work and any skill shortages within the industry. Below are the most common types of remuneration and their meanings. Commission Pay Employees on a commission agreement are paid according to their results, generally the amount they sell. Employees are generally partially or additionally compensated by commission payments. An employee can be paid on a commission only basis when an employee is award free, or an award or enterprise agreement allows an employee to be paid this way. An employer is usually free to structure incentive-based commission payments as they wish to encourage high performance, however employees must earn at least the national minimum wage or the award minimum rate for their classification. Commonly, sales-based commission will maintain strict criteria of a minimum number of sales or value of deals, and once achieved engage a commission payment of a fixed amount or percentage of value. Piece Rates A piece rate is where an employee gets paid for every piece, item or task completed.   Each job, hour or other unit is paid separately, rather than periodically. For example, the ‘piece’ could be the amount of fruit picked or the number of items packed in a certain period of time. Piece rates are typically paid instead of an hourly, daily or weekly wage – but there are exceptions in some industries. Piecework agreements must be in writing and set out the pay rate per piece and how results are measured. If there is no formal agreement, the employee is not considered a piece worker and must get the national minimum hourly or weekly rate according to their applicable Award. An employee can only be paid via piece rates if their Modern Award or Enterprise Agreement allows for this method of payment, in which case they must earn at least the minimum award rate for the job they do, or if the employee is Award-free then they must receive at least the national minimum wage. Remuneration Bonuses and Incentives Depending on the company remuneration policy and employment contracts, some employees may receive a bonus. These bonuses can be rewarded to an individual for good performance or the whole team after a particularly successful project, quarter, or year. Businesses may offer a range of cash and non-cash incentives. These incentives are designed to reward employees who go above and beyond the expectations of their role. Good incentives not only help employees feel valued and motivated – they can boost employee satisfaction and performance over the long-term. What Is The Difference Between Remuneration, Wage And Salary? Remuneration Remuneration is a broader term that covers both salary and wages. Remuneration is all the compensation an employee receives for services rendered, both monetary and non-monetary. A wage is a rate of pay affixed to the amount of hours worked, generally a short period of time such as per hour, or per day.  A salary is a fixed regular payment, usually monthly or annually, agreed upon in an employment contract, however it is not affixed to the number of hours performed and can incorporate additional entitlements such as overtime, penalty rates and loadings. Wages Remuneration in the form of wages must ensure the employee base hourly or weekly rate is equal to or greater than the National Minimum Wage or the minimum rate of pay mandated under an employee’s applicable modern award or registered agreement for the job that they do. An employment contract can stipulate a higher rate of pay. Where a Modern Award applies to a wage employee,  in addition to the base rate of pay for working their ordinary hours they may be entitled to overtime pay, penalty rates, loadings and allowances, depending on the job they do and when they work and how they are engaged by the business. Salaries A salary describes a regular and fixed payment that you provide an employee. Salaries are paid either once a month, fortnightly, or weekly, but it is often expressed as an annual amount. The frequency of the salary is mentioned in the employment contract. A salary is also subject to change if an employee receives a promotion or reduces their hours. Employees will not usually receive additional remuneration benefits such as overtime pay or penalty rates. However, it is important to remember a salaried employee is still required to receive all the same entitlements as a wage worker under the NES or applicable Modern Award or enterprise agreement for the job they do. This will mean if the employee works excessive hours, the salary package must be of equivalent or greater value than the sum they would have received under the applicable Modern Award or enterprise agreement for the hours they worked, at the time they worked them. A base salary refers to the amount earned by an employee before any additional payments are added or necessary deductions are made. A salary package refers to an agreed amount between employer and employee that consists of the employee’s salary and one or more additional benefits such as share options, allowances, incentives, or bonuses. Before accepting a salary offer, employees can negotiate on remuneration and other policies in their contract. These negotiations can extend beyond the base salary and cover discussions about work arrangements, benefits, and other amenities. Salary agreements should be recorded in writing, and identify which entitlements are included in the payment. The employer should reconcile the agreement annually with the amount the employee would have earned under the award or enterprise agreement for the hours worked. Unlock HR and WHS support with Peninsula Employers have a legal obligation to pay their employees correctly and efficiently. Failure to do this can result in severe penalties. If you need help understanding remuneration and remuneration packages, Peninsula has resources such as factsheets, documents, and webinars designed for your needs. Peninsula offers customised support, advice, and resources for Aussie SMEs and employers. Get access to 24/7 advice and support when you become a client with Peninsula. From recruitment to health and safety, we can provide guidance for every issue. Call us on 1300933819 today.

Do you have any questions regarding Wage & Pay?