Release Letter From Employer for Hong Kong

Release Letter From Employer Template for Hong Kong

A Release Letter From Employer is a formal document used in Hong Kong to officially document the termination of employment relationship and mutual release of claims between an employer and employee. The document, governed by Hong Kong law, particularly the Employment Ordinance (Cap. 57), serves to confirm the settlement of all outstanding obligations, document the return of company property, and establish a clear record of the mutual release of any future claims related to the employment relationship. It provides legal protection for both parties and helps prevent future disputes by clearly documenting the terms of separation.

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What is a Release Letter From Employer?

The Release Letter From Employer is a crucial document in Hong Kong employment law practice, typically used when an employment relationship is terminated by mutual agreement or as part of a separation package. This document serves multiple purposes: it confirms the termination of employment, acknowledges receipt of all final payments and benefits, documents the return of company property, and most importantly, provides for a mutual release of claims between the parties. The letter must comply with Hong Kong employment laws, particularly the Employment Ordinance (Cap. 57), and should be carefully drafted to ensure it covers all relevant aspects of the employment relationship while providing adequate protection for both parties. It's particularly important in situations involving senior executives, sensitive positions, or where there might be potential disputes.

What sections should be included in a Release Letter From Employer?

1. Letter Header: Company letterhead, date, and addressee details including employee's full name and address

2. Employment Details Reference: Reference to the employment period, position, and termination date

3. Confirmation of Payments: Statement confirming all outstanding payments, including salary, leave pay, and other entitlements have been settled

4. Mutual Release: Clear statement releasing both parties from all claims, demands, and causes of action relating to the employment

5. Return of Company Property: Confirmation that all company property has been returned

6. Confidentiality Reminder: Reminder of ongoing confidentiality obligations

7. Acknowledgment: Space for both parties to acknowledge and sign the letter

What sections are optional to include in a Release Letter From Employer?

1. Reference Provision: Section regarding the provision of employment references, used when specifically agreed

2. Outstanding Stock Options: Details about treatment of unvested stock options or shares, used when applicable

3. Post-Employment Restrictions: Reminder of any post-employment restrictions, used when non-compete or non-solicitation clauses exist

4. Continuation of Benefits: Details of any benefits extending beyond termination date, used when applicable

5. Legal Advice Acknowledgment: Confirmation that the employee has had the opportunity to seek independent legal advice, used in complex cases or senior executive departures

What schedules should be included in a Release Letter From Employer?

1. Payment Schedule: Detailed breakdown of final payments and settlements

2. Company Property Checklist: List of company property to be returned

3. Continuing Obligations: Summary of ongoing obligations post-employment

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Cost

Free to use

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