Section 10Part 2 — Basic Terms of Employment
Termination by notice of employer
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Unless a contract stipulates a longer period of notice for termination of a contract of employment, an employer shall give notice in writing in accordance with the following —
for an employee on probation, section 8 (4) applies; and
for all other employees, notice shall be at least equal to the interval of time between the employee's pay days, but the maximum period of notice required in any circumstances shall be thirty days.
An employer may,
without giving notice, terminate the employment of an employee if at the same time he pays the employee the sum he would have earned had he worked throughout the period of notice;
after having given notice to an employee, terminate the employment prior to the effective date of termination, if he pays the employee a sum equivalent to that which he would have paid if the employee had worked up to the end of the period of notice.
If the employer has not exercised an option provided by subsection (2), he may, at the employee's regular remuneration, require the employee to render his normal services until the effective date of termination under the notice.
Where an employer has given notice under subsection (1) and has not exercised an option provided in subsection (2) but the employee chooses to quit his job prior to the effective date of termination under the notice, the employer shall, from the date the employee leaves employment, be discharged from the obligation to pay remuneration.
Where an employee leaves employment in the circumstances set out in subsection (4), the date of actually leaving employment shall, for all purposes, be the last day worked, unless the circumstances leading up to the early departure of the employee amount to constructive dismissal, in which case the employer shall be obliged to pay all remuneration up to what should have been the last day of work under the notice.
Nothing in this section shall be construed as allowing an employer to terminate the employment of an employee without complying with sections 55, 56 or any other law governing the grounds upon which employment may be terminated.