The Final Settlement Letter To Employee is a crucial document used in Hong Kong employment relationships to formalize the conclusion of employment and detail all final payments and obligations. It serves as a comprehensive record of the termination process, incorporating requirements under the Hong Kong Employment Ordinance, Mandatory Provident Fund Schemes Ordinance, and other relevant legislation. This document is typically issued shortly after notice of termination or resignation and includes calculations of final salary, statutory entitlements, treatment of benefits, and arrangements for company property return. It provides legal protection for both employer and employee by clearly documenting all aspects of the employment conclusion, helping prevent future disputes and ensuring compliance with local employment laws.
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1. Letter Header: Company letterhead, date, reference number, and employee's name and address
2. Subject Line: Clear indication that this is a Final Settlement Letter
3. Employment Details: Confirmation of employment period, final position, and last day of employment
4. Final Payment Components: List of all payment elements including salary, notice period payment, and statutory entitlements
5. Payment Timing: Specific details about when and how the final payment will be made
6. Company Property: List of company property to be returned and confirmation of return process
7. Tax Information: Statement about tax treatment of payments and IR56F form issuance
8. MPF Information: Details about final MPF contributions and account arrangements
9. Reference Provision: Information about future reference letters or policy
10. Confirmation and Acceptance: Space for both parties to sign acknowledging the terms
11. Contact Information: Details of who to contact for queries about the settlement
1. Non-Compete Reminder: Include when the employee was subject to post-employment restrictions
2. Confidentiality Obligations: Include when handling sensitive information was part of the role
3. Outstanding Loans: Include when there are any outstanding loans or advances to be settled
4. Medical Benefits Extension: Include when there's a continuation of medical benefits post-employment
5. Share Options/Awards: Include when the employee has outstanding share options or awards
6. Legal Claims Waiver: Include when there's a mutual agreement to waive any legal claims
7. Severance Payment: Include when employment is terminated due to redundancy
8. Long Service Payment: Include for eligible employees with long service
1. Schedule A - Payment Calculation: Detailed breakdown of all payment components including basic salary, leave pay, and statutory payments
2. Schedule B - Company Property Checklist: Itemized list of company property to be returned
3. Schedule C - Outstanding Expenses: List of any outstanding expense claims and reimbursements
4. Schedule D - Benefits Summary: Summary of any benefits and their treatment post-employment
5. Schedule E - Tax Calculation Summary: Breakdown of taxable and non-taxable components of the final payment
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