Section 84, The Employment Act, 2023

(1) A contract without reference to limit of time may beterminated by either party upon giving one month notice or pay one month basic salary in lieu of notice. (2) The notice referred to in subsection (1) shall, except when given by a non-literate worker, be given in writing and shall be in a form and language that the worker to whom it relates can reasonably be expected to understand and the period of notice shall exclude the day on which the notice is given. (3) An agreement to exclude the operation of this section shall be of no effect but nothing in this section shall prevent- (a) the parties to a contract from agreeing to a longer period of notice of termination than is provided for in this section; Notice of 54 55 (b) an employer waiving the right to receive notice on any occasion; (c) a worker from accepting payment in lieu of notice in accordance with section 85; (d) an employer from declining to give notice of termination where a worker is guilty of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the employer to continue the employment during the notice period; (e) a worker from declining to give notice of termination where the employer’s conduct has made the continuation of the employment relationship unreasonable or intolerable; and (f) either party from otherwise terminating a contract for lawful cause in accordance with this Act. (4) An outstanding period of annual leave to which a worker is entitled on the termination of his employment shall not be included in any period of notice to which he is entitled under this section.