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Employee Dismissal Letter

Employee Dismissal Letter Template for Hong Kong

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Key Requirements PROMPT example:

Employee Dismissal Letter

I need an Employee Dismissal Letter for a Hong Kong-based senior manager, with a three-month notice period starting March 1, 2025, including garden leave provisions and reminder of post-employment restrictive covenants.

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Document background
The Employee Dismissal Letter is a crucial document used in Hong Kong employment relationships when an employer needs to formally terminate an employee's employment contract. It must comply with the Hong Kong Employment Ordinance (Cap. 57) and related employment legislation, ensuring proper notice periods and statutory requirements are met. The document serves multiple purposes: it formally communicates the termination decision, specifies the effective date, outlines final payment arrangements, addresses company property return, and reminds the employee of any post-employment obligations. The letter should be drafted carefully to protect both parties' interests and minimize potential disputes, while ensuring all legal requirements under Hong Kong law are satisfied.
Suggested Sections

1. Letter Header and Date: Company letterhead, date, and reference number if applicable

2. Employee Details: Full name, position, and employee ID of the recipient

3. Subject Line: Clear indication that this is a termination notice

4. Termination Statement: Clear and unambiguous statement of employment termination

5. Effective Date: Specific date when employment will terminate, including notice period details

6. Final Payment Details: Information about salary, unused leave, and other entitlements

7. Company Property: Instructions regarding return of company property

8. Confidentiality Reminder: Reminder of ongoing confidentiality obligations

9. Contact Information: Details of who to contact for queries

10. Signature Block: Space for authorized signatory and company stamp

Optional Sections

1. Reason for Termination: Included when specific reasons need to be documented, such as poor performance or misconduct

2. Garden Leave: Used when employee is required to serve notice period away from workplace

3. Non-Compete Reminder: Included if employee is bound by post-employment restrictions

4. Severance Payment: Required for redundancy situations or long service payments

5. Handover Instructions: Included when specific handover procedures are required

6. Reference Provision: Details about provision of employment references

7. Release Agreement: Optional mutual release of claims, if applicable

Suggested Schedules

1. Schedule A - Final Payment Calculation: Detailed breakdown of final payment including salary, leave pay, and statutory payments

2. Schedule B - Benefits Summary: Summary of treatment of various benefits including insurance, MPF, and other benefits

3. Schedule C - Company Property Checklist: List of company property to be returned

4. Appendix 1 - Handover Document: Template for documenting handover of work responsibilities

5. Appendix 2 - Exit Procedure: Checklist of exit procedures and timeline

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Hospitality

Telecommunications

Real Estate

Logistics

Media and Entertainment

Non-Profit Organizations

Government and Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Finance

Administration

Company Secretariat

Relevant Roles

HR Manager

HR Director

Legal Counsel

Company Secretary

Department Head

Line Manager

CEO

CFO

COO

Managing Director

Regional Director

Office Manager

Operations Manager

HR Business Partner

Employee Relations Manager

Compliance Officer

Industries
Employment Ordinance (Cap. 57): Main employment legislation in Hong Kong governing employment relationships, including termination requirements, notice periods, and statutory payments
Sex Discrimination Ordinance (Cap. 480): Ensures dismissal is not based on gender discrimination and proper procedures are followed
Disability Discrimination Ordinance (Cap. 487): Protects employees from dismissal based on disability and ensures reasonable accommodation requirements are met
Race Discrimination Ordinance (Cap. 602): Prevents dismissal based on racial grounds and ensures equal treatment
Personal Data (Privacy) Ordinance (Cap. 486): Governs the handling and protection of personal data during the dismissal process
Employees' Compensation Ordinance (Cap. 282): Relevant if dismissal involves any workplace injury-related matters or outstanding compensation claims
Minimum Wage Ordinance (Cap. 608): Ensures any final wage calculations comply with minimum wage requirements
Labour Tribunal Ordinance (Cap. 25): Governs dispute resolution procedures if the dismissal is contested
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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