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Labour Act, Section 23 (Notice)

Labour Act, Section 23 (Notice)

Under section 23 of the Labour Act, a worker may be dismissed (for misconduct or criminal offence) without notice or without wages in lieu of notice. For termination under section 26, a permanent worker must be given 120 days’ notice, and a temporary worker, whose termination is not owing to the completion, cessation, abolition or discontinuance of the temporary work for which he or she was appointed, must be given 30 days’ notice (if he or she is a monthly rated worker) and 14 days’ notice (for other workers).

However, the employer may terminate any worker without notice by paying wages in lieu of notice. For retrenchment, if the worker has been in continuous service for at least one year, they must be given one month’s notice or wages in lieu of notice. For discharge, prior notice is not required.

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