What is a notice period waiver agreement?
Many resignations end with a request: can I leave a couple of weeks early? The new employer wants them sooner, or there is a trip booked, or the work has wound down and both sides would rather call it a day. A quick verbal yes can cause trouble later if nobody wrote down whether the missing weeks were paid, or what happened to the holiday balance.
This agreement records the resignation date, the contractual notice period and the last day that would have applied, then the earlier last day you have agreed. It says who asked for the change and whether the waived time is unpaid, paid in full as pay in lieu, or paid in part. It also sets out how much unused leave is owed and how it will be settled, and the handover the employee will finish before going. Both parties sign, and everything else in the contract stays as it was.
- Best for
- Letting a resigning employee leave before their notice ends
- Signed by
- The employer and the employee
- Pay choices
- Unpaid, paid in full as pay in lieu, or a part payment
- Length
- 1–2 pages
When to use a notice period waiver agreement
- An employee's new job wants them to start two weeks sooner
- Work has wound down and the team doesn't need the full notice period
- A manager would rather a departing employee left after a short handover
- Recording a part payment agreed in exchange for an early exit
- Bringing a last day forward to fit around a planned move abroad
What you fill in
17 blanks, then the name and email of each person who signs: employer, employee.
1 The parties
- Date of the agreement*
- Employer (company name)*
- Employee's full name*
- Job title*
2 The notice
- Date the employee resigned*
- Contractual notice period*
- Original last day*
- Agreed last day*
- Who asked for the change* the Employee · the Employer · both parties
3 Pay and leave
- Pay for the waived period* is not paid · is paid in full as pay in lieu of notice · is paid in part, as set out below
- Currency*
- Amount for the waived period (gross)
- Accrued unused leave at the agreed last day (days)
- How accrued leave is settled* paid out with the final pay · taken before the agreed last day · settled as the law and the Employee's contract require
- Final pay date
4 Handover
- Handover to complete before leaving*
- Hand over to
5 Who signs
- Employer signature and date, job title · The manager or HR person agreeing the early release.
- Employee signature and date · The employee who has resigned.
What the notice period waiver agreement covers
- Background
- Agreed last day
- Pay for the waived period
- Accrued leave
- Handover
- Whole agreement
Using the notice period waiver agreement, step by step
1 Record the resignation
Enter the employee's name and job title, the date they resigned, the notice period in their contract and the last day that would apply if they worked it all.
2 Agree the new date
Enter the earlier last day and choose who asked for the change: the employee, you, or both.
3 Settle pay and leave
Choose whether the waived period is unpaid, paid in full or paid in part, and enter the amount if it is paid. Add the unused leave balance and how it will be settled, and the final pay date if you know it.
4 Plan the handover and sign
List the handover tasks and who they go to, then send. Both of you sign, and the agreement sits with the employee's other records in your FileIt vault.
Tips before you send it
- If you are the one asking the employee to leave early, they may be entitled to be paid for the rest of their notice. Choosing "is not paid" in that case needs care.
- Check the leave balance with payroll before you send, so the figure in the agreement matches the final payslip.
- Keep the handover list realistic for the time left. A shorter notice period can't hold a month's worth of tasks.
- Remind the employee that confidentiality and any other restrictions that apply after they leave still apply.
Sign it online in minutes
- Fill in the blanks. Names, dates and amounts go straight into the agreement — the preview shows exactly where.
- Name who signs. Tick “This is me” for your own part. FileIt builds the PDF with every signature, date box on the right line, and you can check or move anything before sending.
- Send it. Each signer gets a secure link and signs from any device — no account needed. The signed PDF, with an audit trail and a Certificate of Completion, is filed in your vault and emailed to everyone.
Notice period waiver agreement: frequently asked questions
Can an employer refuse to waive the notice period?
Usually, yes. Notice is part of the contract, so shortening it needs both sides to agree. This agreement records that you both did.
Does the employee get paid for the notice they don't work?
It depends on what you agree, and sometimes on who asked. The template offers three choices: unpaid, paid in full as pay in lieu of notice, or a part payment you enter.
What happens to unused holiday?
You choose whether it is paid out with the final pay, taken before the last day, or settled as the law and contract require. Many places require unused statutory leave to be paid when employment ends.
Do we both need to sign electronically?
Yes, both parties sign. FileIt collects both signatures, in a set order if you choose one, and keeps the signed PDF with a Certificate of Completion.