LEGAL PRINCIPLE: LABOUR LAW — Resignation — Notice Requirement for Benefit of Employer

Notice periods in employment contracts protect the employer’s interest, allowing time to find a replacement. The employee does not need the notice period for their own benefit. The employer may waive the notice requirement. If the employer waives notice, the resignation takes effect immediately. The employee cannot insist on serving notice if the employer does not require it. The principle explains why the employer can accept immediate resignation without notice. The notice requirement is not for the employee’s protection, so the employee cannot complain about its waiver. The employer is the only party who can object to insufficient notice. The rule applies to both written and implied notice terms.