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The main legal benefit of giving notice pertains to the payment of wages. If an employee quits or resigns without providing prior notice to the employer, the employer generally has to make the employee's final payment available within 72 hours.
Either you or your employer may terminate a contract without waiting for the notice period to end. You can do so by paying the other party compensation in lieu of notice (notice pay). This is money equivalent to the salary that you would have earned during the required notice period.
Your employment can be ended without notice if 'payment in lieu of notice' is included in your contract. Your employer will pay you instead of giving you a notice period. You get all of the basic pay you would've received during the notice period.
If a notice period such as one month is required for an employer to terminate a contract, a 'payment in lieu of notice' is immediate compensation at an amount equal to that an employee would have earned as salary or wages by working through the whole notice period: for example, one month's salary.
How is PILON calculated? If there is a payment in lieu of notice contract clause, the payment should follow what is set out in the contract. Otherwise, PILON is calculated by working out what the employee would have earned during their notice period.
No. 1739 states that severance pay (in contrast to termination pay or pay in lieu of notice) is an earned benefit that compensates long-serving employees for their past services and for their investment in the employer's business.
The employer can ask the employee to agree to payment in lieu of notice. If the employee agrees, the employer must give them full pay for their notice period. The employer might agree to provide other contractual benefits.
For anything above 2 years' service, you are entitled to one week per year worked, up to a maximum of 12 weeks for 12 years or more of continuous employment. So if you have worked for seven and a half years, you are entitled to 7 weeks' notice.
Typically, the payment is the same as what you would have earned had you continued working through the notice period. For example, if you provided your employer with a two-week notice, you'll receive compensation equal to two weeks of your salary.