Termination

Terminating employment, notice periods, termination payments and rights to references.

Hong Kong :: Unfair dismissal

Valid reasons for dismissal The valid reasons for dismissal specified in the Employment Ordinance are: reasons related to the conduct of the employee; reasons related to the capability or qualification of the employee with regards to performing work of the kind they were employed do; redundancy or operational requirements of the business; statutory requirements mean that an employee could not legally continue to work in their original position or under the original terms of their employment contract; or any other substantial reasons warranting the dismissal …

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Hong Kong :: Termination procedures

Generally, there are no specific formal procedures that must be followed when terminating employment in Hong Kong beyond giving the relevant notice period, where required (see Termination on notice) …

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Hong Kong :: Termination payments

Upon termination of employment, any outstanding payments due to the employee must be paid out …

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Hong Kong :: Termination on notice

During the first month of a probationary period, either party may terminate the employment agreement without having to give notice or make a payment in lieu of notice …

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Hong Kong :: Termination of a fixed-term contract

A fixed-term contract will terminate automatically upon expiry of the fixed term …

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Hong Kong :: Termination by agreement

The parties to an employment contract are free to mutually agree to terminate the contract at any time …

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Hong Kong :: Summary dismissal

In certain cases an employer may be entitled to terminate a contract of employment without having to give notice or make a payment in lieu of notice to the employee …

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Hong Kong :: Special protection against dismissal

Pregnant workers A pregnant employee who has worked for their employer for at least four weeks and given notice of their pregnancy may not be dismissed except during their probationary period (if their agreed probationary period is no longer than 12 weeks) or the first 12 weeks of their probationary period (if their probationary period is for longer than 12 weeks) …

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Hong Kong :: Redundancy and lay-off

Redundancy An employee will be considered dismissed due to redundancy if: their employer ceases (or intends to cease) carrying on business for the purpose for which they were employed; their employer ceases (or intends to cease) carrying on business in the place where they were employed; or the business no longer requires work of a particular kind to be carried out either generally or in the place where the employee works, or the business’ requirements for such work is diminished …

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Hong Kong :: Constructive dismissal

An employee will be entitled to terminate their contract of employment without giving notice or payment in lieu of notice in the following circumstances: They reasonably fear physical danger by violence or disease at work and this danger was not contemplated under their employment contract; They have been employed under their contract for five years or more and are certified by a registered medical practitioner or registered Chinese medicine practitioner as being permanently unfit to carry out they work they are employed to do; or  They are treated badly by their employer …

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