How much notice do you have to give when resigning in Jamaica?

What the law says

The minimum is 2 weeks. Section 3(2) of the Employment (Termination and Redundancy Payments) Act says:

“An employee who has been continuously employed for four weeks or more shall give not less than two weeks’ notice to terminate his contract of employment.”

So once you have worked for the same employer for 4 weeks in a row, you must give at least 2 weeks’ notice to resign, under section 3(2) of the Employment (Termination and Redundancy Payments) Act. The Act sets no minimum for someone who has worked less than 4 weeks.

Longer notice can apply. Under section 3(3) of the Employment (Termination and Redundancy Payments) Act, the 2 weeks is a floor. Your contract can require longer notice, and so can custom in your trade, and either side can rely on that longer period.

Waiving notice. Under section 3(3) of the Employment (Termination and Redundancy Payments) Act, either side may waive the right to notice when the job ends, or accept a payment in place of notice. Either side may also give more notice than the minimum.

What the employer must give. Under section 3(1) of the Employment (Termination and Redundancy Payments) Act, an employer ending the job of someone employed for 4 weeks or more must give at least 2 weeks’ notice for under 5 years of service, and 4 weeks for 5 to 10 years.

Longer service. Under the same section 3(1) of the Employment (Termination and Redundancy Payments) Act, the employer’s notice rises to 6 weeks for 10 to 15 years, 8 weeks for 15 to 20 years, and 12 weeks for 20 years or more. The employer’s notice must be in writing unless given before a credible witness.

What changes the answer

Probation. Under section 3(4) of the Employment (Termination and Redundancy Payments) Act, if your contract sets a probation period from your first day, either side may end the contract without notice during the probation period or,

“where the probationary period is more than ninety days, during the first ninety days thereof.”

So a probation period of 6 months gives a no-notice window of only its first 90 days, under section 3(4) of the Employment (Termination and Redundancy Payments) Act. After that, the normal notice rules apply to both sides.

Leaving over the employer’s conduct. Under section 3(5) of the Employment (Termination and Redundancy Payments) Act, the notice rules do not take away either side’s right to end the contract without notice because of the other side’s conduct, where that right existed before the Act.

A fixed-term contract. Under section 3(5) of the Employment (Termination and Redundancy Payments) Act, a contract for a fixed term can be treated as ended when the term expires. If you keep working for 4 weeks after it expires, the notice rules then apply as if the contract had no end date.

The employer’s 4-week window. Under the proviso to section 3(5) of the Employment (Termination and Redundancy Payments) Act, an employer that learns of misconduct justifying dismissal without notice must act within 4 weeks, or lose the right to dismiss without notice for it.

Resigning and redundancy pay. Under section 6(1) of the Employment (Termination and Redundancy Payments) Act, an employee who ends the contract themselves is not entitled to a redundancy payment. The exception is leaving without notice because the employer’s conduct forced it.

Travel home. Under section 4 of the Employment (Termination and Redundancy Payments) Act, some contracts are treated as including the employer’s promise to pay for travel and meals back to where you lived when hired. This page does not describe when that applies.