Final Written Warning Letter Template for Hong Kong

A Final Written Warning Letter is a formal disciplinary document used in Hong Kong employment contexts as the last formal warning before potential termination. It must comply with Hong Kong's Employment Ordinance (Cap. 57) and related employment legislation, documenting serious misconduct or persistent performance issues. The document serves as crucial evidence in establishing fair dismissal procedures, containing specific details of the misconduct or performance issues, previous warnings, required improvements, and consequences of non-compliance. It forms part of the employee's formal employment record and must be handled in accordance with Hong Kong's Personal Data (Privacy) Ordinance.

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What is a Final Written Warning Letter?

The Final Written Warning Letter is a critical employment document used in Hong Kong when previous disciplinary actions have not resulted in required improvements in employee conduct or performance. It serves as the final formal warning before potential termination, forming part of the progressive disciplinary process required under Hong Kong employment law. The document must detail specific instances of misconduct or performance issues, reference previous warnings, outline clear expectations for improvement, and specify consequences of non-compliance. It should comply with both the Employment Ordinance (Cap. 57) and the Personal Data (Privacy) Ordinance, ensuring fair treatment and proper handling of employee data. This document is crucial for establishing grounds for potential future dismissal and protecting the employer's interests in case of employment disputes.

What sections should be included in a Final Written Warning Letter?

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

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

3. Subject Line: Clear indication that this is a Final Written Warning

4. Previous Warnings Reference: Details of previous verbal and written warnings, including dates and issues

5. Current Incident/Issue: Specific details of the misconduct or performance issues triggering this final warning

6. Impact Statement: Description of how the behavior/performance affects the organization

7. Required Improvements: Clear, measurable expectations for improvement

8. Timeframe: Specific period within which improvement must be demonstrated

9. Consequences: Clear statement of potential consequences if no improvement, including possible termination

10. Acknowledgment: Space for employee and manager signatures, date of signing

What sections are optional to include in a Final Written Warning Letter?

1. Performance Improvement Plan: Detailed plan with specific metrics and milestones, used when dealing with performance-related issues

2. Training Requirements: Specific training or support to be provided, included when additional training could help address the issue

3. Review Meetings: Schedule of follow-up meetings, included when regular monitoring is needed

4. Employee Response: Section for employee to provide written comments, used when company policy allows for formal response

5. Union Representative: Reference to union involvement, required if employee is union member or entitled to union representation

What schedules should be included in a Final Written Warning Letter?

1. Previous Warning Letters: Copies of previous warning letters referenced in the document

2. Incident Reports: Documentation of specific incidents leading to the final warning

3. Performance Data: Relevant performance metrics or documentation supporting the warning

4. Company Policies: Copies of relevant company policies that have been violated

5. Performance Improvement Plan Template: Detailed template for tracking required improvements and timelines

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Banking & Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Professional Services

Construction

Hospitality

Transportation & Logistics

Real Estate

Media & Entertainment

Telecommunications

Government & Public Sector

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Management

Operations

Administration

Industrial Relations

Relevant Roles

HR Manager

HR Director

Department Manager

Line Manager

Supervisor

Team Leader

HR Business Partner

HR Officer

Employee Relations Manager

Legal Counsel

Compliance Officer

Department Head

Regional Manager

General Manager

Chief Human Resources Officer

Industries
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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