Find out the minimum notice period required after 0 years of continuous service under Australian employment law (2026).
Last verified: 21 May 2026After 0 years of continuous service, the minimum notice period is 1 week under the NES (Fair Work Act 2009, s117).
Minimum Notice
1 week
If Aged 45+
1 week
Service Bracket
Not more than 1 year
If you have been employed for less than 6 months (or less than 12 months in a small business with fewer than 15 employees), the minimum notice period is 1 week.
During a probation period, the standard NES notice requirements still apply. There is no separate "probation notice" under the NES — probation clauses in your contract cannot reduce notice below the NES minimum.
However, employees with less than the minimum employment period (6 or 12 months depending on business size) may not be able to make an unfair dismissal claim. This does not affect notice entitlements.
Employees aged 45 or over who have completed at least 2 years of continuous service are entitled to an additional 1 week of notice on top of the standard entitlement.
With 0 years of service, the additional week does not apply (less than 2 years of service).
If your employer terminates your employment without giving the required notice, they must pay you payment in lieu of notice. This payment equals the amount you would have earned during the notice period.
Payment in lieu of notice includes your base rate of pay and any applicable allowances and loadings, but does not include overtime.
Your employer can also give you part of the notice period and pay out the remainder. For example, they could give you 1 week’s working notice and pay out the remaining period.
If you resign without giving the required notice, your employer may be able to deduct an amount from your final pay equivalent to the notice period not worked. However, this can only occur if:
In practice, most employers cannot recover notice pay from employees without a specific clause in the award or agreement authorising it.
| Length of Service | Minimum Notice | If Aged 45+ (2+ yrs) |
|---|---|---|
| Not more than 1 year ← You | 1 week | 1 week (N/A) |
| More than 1 year but not more than 3 years | 2 weeks | 3 weeks |
| More than 3 years but not more than 5 years | 3 weeks | 4 weeks |
| More than 5 years | 4 weeks | 5 weeks |
Use the calculator below to check your exact notice period, including the over-45 additional week entitlement.
Under the National Employment Standards (NES s117), an employee with 0 years of continuous service must receive at least 1 week notice of termination.
Your employer must give you at least 1 week written notice of termination after 0 years of service. Alternatively, they can pay you in lieu of notice — meaning they pay you for the notice period instead of making you work it.
Yes. Your employer can choose to pay you in lieu of notice. Payment in lieu must equal the amount the employee would have been paid if they had worked through the notice period, including any allowances and loadings but excluding overtime.
Yes. Employees are generally required to give the same minimum notice period when resigning. Check your award, enterprise agreement, or employment contract as they may specify different notice requirements for resignation.
Yes. Notice periods are calculated in calendar weeks, which include weekends and public holidays. A 2-week notice period means 14 calendar days, not 10 working days.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
Minimum notice periods: 1 week (<1 yr), 2 weeks (1-3 yrs), 3 weeks (3-5 yrs), 4 weeks (5+ yrs) + 1 extra if over 45. Free calculator, pay-in-lieu rules, and what to do if short-changed.
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