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Notice Period

What is Notice Period?

A notice period is the time between giving notice and the end of employment. It may apply when an employee resigns or when an employer terminates employment. For employers, notice periods matter because they affect handover, payroll, final pay, replacement hiring, and compliance with local employment rules.

Last updated Oct 23, 2026

What does notice period mean?

A notice period is the required amount of time before employment officially ends. It gives both the employer and employee time to prepare for the end of the working relationship.

When an employee resigns, the notice period helps the employer plan handover, knowledge transfer, recruitment, access removal, and workload coverage. When an employer terminates employment, the notice period may give the employee time to prepare for the transition, subject to the employment contract and local law.

Notice periods may be set by employment contract, company policy, collective agreement, or local employment law. In some situations, employers may allow salary in lieu of notice, waive notice, place the employee on garden leave, or require the employee to serve the full notice period.

Why notice periods matter for employers

Notice periods matter because employment endings affect more than the final working day. HR, payroll, finance, managers, IT, and the employee may all need time to coordinate handover, final pay, return of company property, system access, and documentation.

For employers hiring in Southeast Asia, notice period rules should be checked country by country. In Indonesia, Government Regulation No. 35 of 2021 covers termination procedures and termination-related payments. Other countries such as the Philippines, Malaysia, Vietnam, and Thailand have their own rules on resignation, termination, notice, severance, and final pay.

A company hiring from anywhere should avoid assuming its home-country notice period template will work for employees based in Southeast Asia. The employment contract should reflect the employee’s local market, role level, contract type, and applicable rules.

Weshine’s Employer of Record service can support businesses hiring employees in Southeast Asia without setting up a local entity, including employment documentation, payroll, and offboarding coordination.

Notice periods in Southeast Asia

These are the minimum rules set by law. An employment contract can usually give more notice, but not less than the law allows.

Country

Minimum notice under the law

Indonesia

Under Government Regulation No. 35 of 2021, the employer must give written notice of termination at least 14 working days before it takes effect, or 7 working days during probation. An employee who resigns must ask in writing at least 30 days before the last working day.

Philippines

Under the Labor Code, an employee who resigns without just cause must give at least one month's written notice (Article 300). For authorised causes such as redundancy, retrenchment or closure, the employer must give written notice to the employee and DOLE at least one month before (Article 298). Dismissal for just cause has no fixed notice period but needs two written notices and a chance to be heard.

Malaysia

Under sections 12 and 13 of the Employment Act 1955, if the contract doesn't set a notice period, either side must give 4 weeks' notice for under 2 years of service, 6 weeks for 2 to under 5 years, and 8 weeks for 5 years or more. Either side can pay wages in lieu of notice.

Vietnam

Under Articles 35 and 36 of the Labour Code 2019, unilateral termination needs at least 45 days' notice for an indefinite-term contract, 30 days for a contract of 12 to 36 months, and 3 working days for a contract under 12 months. Some situations need no notice.

Thailand

Under section 17 of the Labour Protection Act, notice for a contract without a fixed term must be given at or before a pay date, to take effect on the next pay date, and no more than 3 months is required. The employer can pay wages in lieu of notice instead.

Note: This table shows general statutory minimums. Notice rules can depend on the contract type, the reason for termination and the employee's coverage, so check the current local rules before ending employment.

Common mistakes employers should avoid

A common mistake is leaving the notice period unclear in the employment contract. Employees should know how much notice they must give and how notice will be handled if the employer ends the employment.

Another mistake is confusing notice period with final pay. The notice period covers the time before employment ends. Final pay covers amounts owed at the end of employment, such as unpaid salary, unused leave, deductions, or termination-related payments where applicable.

Employers should also avoid changing notice expectations informally. If the company wants to shorten, waive, or pay in lieu of notice, the arrangement should be documented and checked against local rules.

Disclaimer: This glossary is for general information only and should not be treated as legal, tax, payroll, or employment advice. Requirements may vary by country, role, contract type, employee classification, and current local regulations. For guidance on a specific hiring situation, seek professional advice or speak with Weshine.

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