(1) Where a valid reason for termination exists in accordance with this Act, a contract without reference to limit of time, except during the probationary period, may be terminated by the employer upon giving to the employee the following minimum periods of notice in writing—
(a) one week's notice if the period of continuous employment is more than 12 weeks but less than 2 years;
(b) two weeks' notice if the period of continuous employment is 2 years or more but less than 5 years;
(c) four weeks' notice if the period of continuous employment is 5 years or more but less than 10 years; and
(d) six weeks' notice if the period of continuous employment is more than 10 years.
(2) The notice required to be given by an employee who has been continuously employed for an indefinite period to terminate his or her contract of employment shall not be less than—
(a) one week's notice if his or her period of continuous employment is more than 12 weeks but less than 5 years; and
(b) two weeks' notice if his or her period of continuous employment is 5 years or more.
(3) Any provision for notice in any contract of employment with an employee shall have effect subject to the foregoing subsections, but nothing in this section shall be taken to prevent either party from waiving his or her right to notice on any occasion or from accepting a payment in lieu of notice.
(4) The periods of notice under subsections (1) and (2) shall not apply where longer periods of notice are regulated by a collective agreement or by mutual agreement.
(5) The periods of notice under subsection (1) shall not apply—
(a) where the employer is entitled to summarily dismiss an employee for serious misconduct under this Act;
(b) where there is agreement of both parties in writing to terminate the contract of employment; or
(c) where the termination is due to an act of God, civil commotions, riots, destruction of all or part of the plant or business by fire not caused by the wilful act or negligence of the employer.
(6) A notice of termination under subsection (1) shall not be given by an employer during an employee's period of absence on any leave granted under any enactment in force.
(7) For the purpose of subsection (6), “leave” includes paid annual leave, maternity leave, sick leave, leave for national service, leave for public duty and leave for serious family responsibility.
(8) Where the contract of employment is terminated at the end of a specified period of time or because of the attainment by the employee of the normal age of retirement by virtue of custom, laws, collective agreement, work rules or otherwise, no notice of termination is required.