Notice Period (Singapore)
The required advance warning an employer or employee must give before ending an employment contract in Singapore, governed by the Employment Act 1968.
- What Is the Notice Period in Singapore?
- Statutory Notice Periods by Length of Service
- Salary in Lieu of Notice
- Notice Periods During Probation
- Termination Without Notice
- Practical Aspects of Serving Notice in Singapore
- Wrongful Dismissal Claims in Singapore
- Singapore Employment Trends and Notice Period Data
- Frequently Asked Questions About Notice Periods in Singapore
What Is the Notice Period in Singapore?
Key Takeaways
- ✓Singapore's Employment Act 1968 (Section 10) sets default notice periods based on length of service when the contract is silent.
- ✓Both employer and employee must give the same notice period. The obligation is symmetrical.
- ✓Contractual notice periods can override the statutory defaults, and most Singapore employment contracts do specify a notice clause.
- ✓Payment in lieu of notice (salary in lieu) is explicitly allowed under Section 11 of the Employment Act.
- ✓During probation, the notice period is typically shorter (often 1 to 2 weeks), as specified in the employment contract.
In Singapore, the notice period is the advance warning either party must give to end the employment relationship. The Employment Act 1968, which covers most employees in Singapore, sets default notice periods in Section 10. These defaults apply only when the employment contract doesn't specify a notice clause. In practice, most Singapore employers include an explicit notice period in the contract, which overrides the statutory default. The key principle is reciprocity: whatever notice the employer must give, the employee must give too. If the contract says 2 months' notice, both sides are bound by 2 months. This differs from jurisdictions like the UK, where employee and employer statutory minimums are different.
Who does the Employment Act cover?
The Employment Act applies to all employees in Singapore, including foreign employees, with some exceptions. Managers and executives (defined as employees earning more than S$4,500/month who hold supervisory or decision-making roles) are covered by the basic provisions including notice periods, but not by Part IV protections (overtime, rest days, etc.) unless they earn S$14,500/month or less. Seafarers, domestic workers, and statutory board employees are covered by separate legislation, not the Employment Act.
Statutory Notice Periods by Length of Service
When the employment contract is silent on notice, Section 10(3) of the Employment Act sets these defaults. The Ministry of Manpower (MOM) enforces these minimums.
How length of service is measured
Service length is calculated from the start date stated in the employment contract or key employment terms (KET). Breaks in service (e.g., if the employee leaves and returns) typically reset the clock unless the contract states otherwise. For employees transferred under a business acquisition, the Tripartite Guidelines recommend recognizing prior service for notice purposes.
When the contract specifies a different period
The Employment Act's defaults are just that: defaults. If the contract says "3 months' notice by either party," that's the binding period. There's no statutory minimum that overrides a longer contractual period. However, the Ministry of Manpower discourages excessively long notice periods (e.g., 6 months for junior roles) as they can unfairly restrict an employee's ability to change jobs. The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) considers unreasonably long notice periods a potentially discriminatory employment practice.
| Length of Service | Notice Period (Both Parties) |
|---|---|
| Less than 26 weeks | 1 day |
| 26 weeks to less than 2 years | 1 week |
| 2 years to less than 5 years | 2 weeks |
| 5 years or more | 4 weeks |
Salary in Lieu of Notice
Section 11 of the Employment Act allows either party to end the employment immediately by paying the other party's salary for the notice period. This is called salary in lieu of notice.
How salary in lieu is calculated
The payment equals the employee's gross salary (basic salary plus fixed allowances) for the duration of the unserved notice period. If the notice period is 1 month and the employee's gross monthly salary is S$6,000, the salary in lieu is S$6,000. For partial months, the calculation is pro-rated based on the number of calendar days in the month. Variable components like commissions, overtime, and bonuses are typically excluded unless the contract states otherwise.
Who pays whom?
If the employer wants the employee to leave immediately without serving notice, the employer pays salary in lieu to the employee. If the employee wants to leave immediately without serving notice, the employee pays salary in lieu to the employer. In practice, employers usually deduct the salary in lieu from the employee's final pay if the employee is the one cutting notice short.
Tax treatment
Salary in lieu of notice is taxable income in Singapore. The Inland Revenue Authority of Singapore (IRAS) treats it as employment income, subject to the employee's normal tax rate. For foreign employees leaving Singapore, the employer must withhold the final salary (including salary in lieu) for clearance under the tax clearance process (Form IR21) at least one month before the employee's last day.
Notice Periods During Probation
The Employment Act doesn't have separate rules for probation. However, most Singapore employment contracts specify a shorter notice period during the probation period.
Common probation notice practices
Standard practice in Singapore is 1 to 2 weeks' notice during probation for most roles. Some contracts allow 1 day's notice or even no notice during probation, though this is less common for professional roles. The MOM's guidelines on key employment terms require employers to clearly state the probation period length and the notice period that applies during it. Probation periods in Singapore typically last 3 to 6 months. After confirmation, the standard contractual notice period kicks in.
Can probation be extended?
Yes, but only if the contract allows it or both parties agree. Extending probation doesn't change the notice period unless the contract specifically ties them together. Some contracts state that the shorter probation notice period continues during any extended probation. Others switch to the full notice period after the original probation end date. Clear contractual language prevents disputes.
Termination Without Notice
Section 14 of the Employment Act allows either party to terminate the contract without notice in cases of wilful breach by the other party.
Employer terminating without notice
An employer can dismiss an employee without notice for misconduct, but only after conducting an inquiry (Section 14(1)). The inquiry doesn't need to be a formal court-style hearing, but it must be fair. The employee must know the allegations, have a chance to respond, and the decision must be based on evidence. Summary dismissal without an inquiry is a common mistake that leads to wrongful dismissal claims at the Employment Claims Tribunal (ECT).
Employee terminating without notice
An employee can leave without notice if the employer has breached a fundamental term of the contract (Section 14(2)). Examples include non-payment of salary, unsafe working conditions, or being asked to perform work significantly outside the scope of the contract. The employee should document the breach and attempt to resolve it before walking out, as the burden of proving the breach falls on the employee.
Practical Aspects of Serving Notice in Singapore
How the notice period plays out in daily practice involves several questions that employers and employees frequently raise.
Can annual leave be used during the notice period?
Yes, but only by mutual agreement. Neither the employer nor the employee can unilaterally force the other to approve leave during the notice period. If the employer wants the employee to clear outstanding leave during notice, the employee must agree. If the employee wants to take leave during notice, the employer can decline. MOM's advisory makes clear that using leave to shorten the effective notice period requires both parties' consent.
Can the employer place the employee on garden leave?
Yes, if the contract contains a garden leave clause. During garden leave, the employee is still employed, receives full pay, and is bound by all contractual obligations (confidentiality, non-competition while employed, etc.). Garden leave clauses are common in Singapore for roles involving client relationships, trade secrets, or competitive sensitivity. Without a contractual clause, the employer generally can't force an employee to stay home during notice without their agreement.
What about handover duties?
There's no statutory requirement to complete a handover, but most employment contracts include a clause requiring reasonable cooperation during the notice period. In practice, employees who refuse to hand over work risk having their reference affected. MOM doesn't intervene in handover disputes, but the Employment Claims Tribunal can consider the employee's conduct when adjudicating related salary disputes.
Wrongful Dismissal Claims in Singapore
Singapore strengthened employee protections against wrongful dismissal through the Employment Act amendments that took effect on April 1, 2019. All employees covered by the Act can now file wrongful dismissal claims.
What qualifies as wrongful dismissal
Under Section 14(2) of the Employment Act, dismissal is wrongful if it was done without just cause or excuse (covering dismissals motivated by discrimination, retaliation for exercising statutory rights, or fabricated misconduct), if the employer failed to give proper notice or salary in lieu, or if it amounts to constructive dismissal (the employer made working conditions intolerable to force the employee out).
Where to file and remedies available
Claims go to the Employment Claims Tribunal (ECT) through the Tripartite Alliance for Dispute Management (TADM) mediation process. Employees must file a mediation request with TADM within 1 month of the last day of employment. If mediation fails, they can proceed to the ECT within 1 month of the mediation outcome. Remedies include reinstatement or compensation. The ECT can award up to S$20,000 in compensation (or S$30,000 if the employee went through TADM mediation first).
Singapore Employment Trends and Notice Period Data
Key data points for HR teams operating in Singapore.
Frequently Asked Questions
Can the employer reject an employee's resignation?
What happens if the employer doesn't issue key employment terms?
Is the notice period different for contract (fixed-term) employees?
Can the employer shorten the notice period unilaterally?
How does retrenchment affect the notice period in Singapore?
Written by Adithyan RK