The Failed Probationary Period Letter is a crucial document used in Hong Kong employment contexts when an employee has not met the required standards during their probationary period. This document must comply with the Hong Kong Employment Ordinance (Cap. 57) and related employment legislation, particularly regarding notice periods and termination requirements. It should be used when a decision has been made to terminate employment following documented performance issues or unsuitability during probation. The letter serves multiple purposes: formally communicating the termination decision, documenting the reasons for unsuccessful probation, outlining final payments and entitlements, and specifying post-employment obligations. It's essential to maintain clear records of such communications for legal compliance and risk management purposes.
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1. Employee Details: Full name, position, and employee ID of the recipient
2. Date: Current date and effective date of termination
3. Clear Statement of Termination: Explicit statement that employment is being terminated due to unsuccessful completion of probationary period
4. Reasons for Decision: Brief, factual outline of the key reasons for unsuccessful probation
5. Notice Period Details: Information about the notice period or payment in lieu of notice
6. Final Payment Information: Details of final salary, unused annual leave, and any other entitlements
7. Company Property Return: List of company items to be returned and process for return
8. Confidentiality Reminder: Reminder of ongoing confidentiality obligations
1. Performance Summary: Detailed summary of performance issues - include when formal performance reviews or warnings were given
2. Training Attempts: Summary of training and support provided - include when there were documented attempts to help employee improve
3. Reference Policy: Company's policy on providing references - include when organization has specific reference policies
4. Non-Compete Reminder: Reminder of any post-employment restrictions - include only if specified in original contract
5. Benefits Information: Details about insurance coverage end dates and benefit conversions - include if employee received benefits
6. Appeal Process: Information about internal appeal procedures - include if company policy allows appeals
1. Final Payment Calculation: Detailed breakdown of final payment including salary, leave, and any other entitlements
2. Company Property Checklist: Itemized list of company property to be returned
3. Handover Document Template: Template for documenting handover of work responsibilities
Relevant legal definitions
Clauses
Termination Notice
Performance Assessment
Notice Period
Final Payment
Company Property Return
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Data Protection
Reference Provision
Handover Requirements
Outstanding Obligations
Final Settlement
Benefits Termination
Acknowledgment
Appeal Rights
Legal Compliance
Governing Law
Performance Assessment
Notice Period
Final Payment
Company Property Return
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Data Protection
Reference Provision
Handover Requirements
Outstanding Obligations
Final Settlement
Benefits Termination
Acknowledgment
Appeal Rights
Legal Compliance
Governing Law
Relevant Industries
Financial Services
Technology
Retail
Manufacturing
Professional Services
Healthcare
Education
Construction
Hospitality
Telecommunications
Real Estate
Transportation
Media and Entertainment
Energy
Non-Profit
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Customer Service
Administration
Research and Development
Quality Assurance
Business Development
Production
Compliance
Risk Management
Relevant Roles
Chief Executive Officer
Department Manager
HR Director
HR Manager
Legal Counsel
Finance Director
Operations Manager
Project Manager
Sales Representative
Marketing Executive
Software Developer
Customer Service Representative
Administrative Assistant
Research Analyst
Account Manager
Production Supervisor
Quality Control Inspector
Business Development Manager
Technical Support Specialist
Graduate Trainee
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