Last reviewed: 12 September 2026
Quick Answer
If an employment contract doesn’t specify a notice period, the Employment Act sets the default: 1 day’s notice under 26 weeks of service, 1 week from 26 weeks to under 2 years, 2 weeks from 2 to under 5 years, and 4 weeks at 5 years or more. Contracts can set a different period instead, but it must be identical for employer and employee. Either side can also end the notice period early by paying salary in lieu of notice (PILON) at the employee’s gross rate of pay.
Statutory Minimum Notice Periods
Section 10 of the Employment Act sets the default notice period that applies whenever an employment contract is silent on the point. It’s based purely on length of service, not seniority or reason for leaving:
| Length of Service | Minimum Notice |
|---|---|
| Less than 26 weeks | 1 day |
| 26 weeks to less than 2 years | 1 week |
| 2 years to less than 5 years | 2 weeks |
| 5 years or more | 4 weeks |
⚖️ MOM Requirement
Notice must be given in writing. The day notice is given counts as day one — calendar days, including weekends and public holidays, all count toward the period. There’s no concept of “working days only” under the statutory default.
Contractual Notice vs the Statutory Default
Most employment contracts specify their own notice period rather than relying on the Section 10 default — commonly one month, matching payroll cycles. That’s allowed, and employers are free to set a longer period than the statutory minimum. What isn’t allowed is asymmetry: MOM has stated plainly that the notice period an employee owes the company and the notice the company owes the employee must be the same length. A contract requiring an employee to give two months’ notice while the employer owes only two weeks is not compliant, even if the employee signed it.
🔍 Classification Note
Where the contract is silent — no notice clause at all, or the clause is unclear — the Section 10 statutory table applies automatically. It’s a fallback, not an optional minimum you can contract below.
Notice During Probation
Many Singapore employers write a shorter notice period for staff still on probation — a day to two weeks is common — reflecting that the relationship is still being assessed on both sides. This is standard practice, not a statutory requirement. If the contract doesn’t set a separate probation notice period, MOM’s own guidance is direct: the notice period during probation is the same as after confirmation, based on the employee’s length of service under the Section 10 table. Silence on probation notice doesn’t create a shorter default — it falls back to the same statutory tiers as any other silent contract.
Payment in Lieu of Notice (PILON)
Section 11 of the Employment Act lets either party end the contract immediately — or cut a notice period that’s already running — by paying a sum equal to the salary that would have accrued during the unserved notice, calculated at the employee’s gross rate of pay. Gross rate of pay includes contractual allowances but excludes overtime, bonuses, the Annual Wage Supplement, and reimbursements. Either the employer or the employee can invoke PILON; it isn’t a right reserved to one side.
⚖️ MOM Requirement
No CPF contributions are payable on a PILON payment itself — CPF is only computed on wages actually earned up to the employee’s last working day. Don’t apply CPF to the notice-in-lieu component when processing a final pay run.
Waiving Notice by Mutual Agreement
Section 10(4) allows either party to waive their right to notice on any occasion, by mutual consent. In practice, this covers the common case where an employee asks to leave earlier than their notice requires and the employer agrees — ideally documented in writing (an email confirming the revised last day is enough) so there’s no dispute later about whether notice was properly served or waived.
If an Employee Leaves Without Serving Notice
If an employee walks out without serving notice or paying PILON, the employer can recover or withhold the equivalent salary from monies owed. Separately, Section 14 allows an employer to dismiss an employee without notice on grounds of misconduct — but only after a due inquiry that gives the employee a chance to respond. Skipping that inquiry to dismiss on the spot is a common employer mistake, and MOM’s Tripartite Guidelines on Wrongful Dismissal treat a dismissal without due process as a red flag regardless of how strong the underlying misconduct case looks on paper.
⚠️ Penalty Risk
Paying full notice or PILON does not automatically shield an employer from a wrongful dismissal claim. If the underlying reason for ending the employment is found to be unfair, an employee can still bring a claim to the Employment Claims Tribunal even after being paid in full for their notice period.
Notice During Leave or Absence
Notice generally keeps running regardless of leave. If an employee falls sick or is hospitalised during their notice period, their last day of employment doesn’t move — the employer can’t unilaterally extend it to recover the lost working days. The same goes the other way: an employer can’t unilaterally extend an employee’s notice period because a handover or project isn’t finished; that requires mutual agreement, not a one-sided instruction. Separately, it’s an offence to dismiss an employee while she is on maternity leave, and additional protections apply to pregnant employees more generally — get advice before issuing notice to anyone who is currently pregnant or on maternity leave.
Garden Leave
“Garden leave” — keeping a departing employee on payroll and formally employed, but away from clients and systems for some or all of their notice period — is used in Singapore practice, particularly for senior or client-facing roles. It isn’t defined anywhere in the Employment Act, and its enforceability is legally unsettled: in Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart, the only Singapore High Court decision to touch on it, the judge expressly declined to rule on its validity. Treat a garden leave clause as a negotiated commercial arrangement rather than a guaranteed legal tool, and get it drafted properly if you rely on it for senior hires.
Getting It Right vs Getting It Wrong
| ✅ Compliant | ❌ Non-Compliant |
|---|---|
| Contract sets the same notice period for employer and employee | Employee owes two months’ notice, employer owes only two weeks |
| Extending a notice period only with the employee’s written agreement | Unilaterally extending notice to finish a handover or project |
| Calculating PILON on the full gross rate of pay, including contractual allowances | Calculating PILON on basic pay only |
| Treating PILON as CPF-exempt | Deducting CPF from a PILON payment |
| Holding a due inquiry before a no-notice misconduct dismissal | Dismissing on the spot with no hearing or investigation |
| Recognising that full PILON doesn’t cap wrongful dismissal exposure | Assuming paying PILON in full closes off any dismissal dispute |
⚠️ Non-Compliance Penalties
Getting notice periods wrong rarely triggers a standalone fine, but it compounds badly with other issues: unequal notice clauses are void and unenforceable as written, a no-inquiry dismissal weakens your position at the Employment Claims Tribunal, and CPF wrongly deducted from PILON has to be corrected and refunded. None of these are cheap to unwind after the fact — get the clause and the process right before you need to use them.
Frequently Asked Questions
Can we make an employee leave immediately instead of serving notice?
Yes. Either the employer or the employee can pay salary in lieu of notice (PILON) at the employee’s gross rate of pay for the remaining notice period, ending the contract immediately.
Can we require a longer notice period for senior staff?
Yes, if it’s agreed in the contract — but it must be the same length for both the employer and the employee. Singapore law doesn’t allow a one-sided notice clause.
Does CPF apply to a payment in lieu of notice?
No. CPF is only payable on wages actually earned up to the employee’s last working day, not on the PILON amount itself.
Can we dismiss someone for misconduct without any notice or pay?
Only after holding a due inquiry that establishes the misconduct and gives the employee a chance to respond. Even then, paying no notice doesn’t protect an employer from a wrongful dismissal claim if the dismissal itself is later found unfair.
If an employee falls sick during their notice period, does their last day move?
No. The last day of employment stays as originally agreed — an employer can’t unilaterally extend notice because the employee was on sick leave or hospitalised during it.
WorkRightSG provides general information only. Nothing on this site constitutes legal advice. For advice specific to your situation, consult a qualified employment lawyer or contact the Ministry of Manpower directly.