1 Month Termination Notice Template for Hong Kong

When ending an employment relationship in Hong Kong, you must provide proper written notice as required by the Employment Ordinance (Cap. 57). A 1 Month Termination Notice serves as the formal documentation of this process, ensuring both parties understand their rights and obligations during the notice period.

When do you need this document?

You need a 1 Month Termination Notice when either party wishes to terminate an employment contract where the agreed notice period is one month. This applies to most permanent employees in Hong Kong after completing their probationary period. The notice is required whether termination is initiated by the employer for operational reasons, performance issues, or by the employee seeking new opportunities. You must also use this document when downsizing operations, restructuring departments, or when an employee resigns and needs to provide formal notice to their employer.

Key legal considerations

The notice must clearly state the termination date, calculated as one calendar month from the date of service. You should include details about final salary payments, accrued annual leave compensation, and any statutory severance or long service payments due under the Employment Ordinance. The document should specify arrangements for returning company property, including identification cards, equipment, and confidential materials. You must address any restrictive covenants or non-compete clauses that continue after employment ends. Consider including provisions about handover responsibilities, outstanding work completion, and access to company premises during the notice period.

Legal requirements in Hong Kong

Under the Employment Ordinance (Cap. 57), written notice is mandatory for terminating continuous employment contracts. The notice period must comply with either the employment contract terms or statutory minimums, whichever is greater. You must ensure the termination does not breach anti-discrimination laws under the Sex Discrimination Ordinance (Cap. 480), Disability Discrimination Ordinance (Cap. 487), or Race Discrimination Ordinance (Cap. 602). The Contracts Ordinance (Cap. 23) governs the contractual aspects of termination, requiring good faith in contract performance and termination. Employers must calculate and pay all statutory entitlements including wages in lieu of notice if applicable, annual leave pay, and any applicable severance payments. The Personal Data (Privacy) Ordinance (Cap. 486) requires proper handling of employee personal data during and after termination.