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Letter Of Termination Of Employment Contract Hong Kong

To assist employers and employees to draw up written employment contracts the Labour Department has prepared a sample employment contract for their reference. In such cases the job applicants change of mind is likely to be considered a termination of the employment contract.


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The Employee is en titled to paid annual leave a ccording to the provisions of the Employment Ordinance ranging from 7 to 14 days depending on the Employees length of service.

Letter of termination of employment contract hong kong. A high level outline of the obligations that apply in relation to termination of employment in Hong Kong. In Hong Kong you have to inform the Immigration Department of this change in employment within 7 days of the contract termination date you can also notify it up to 4 weeks before the contract termination date. Drafting a domestic helper release letter.

Notification of termination of employment contract regarding Helper can be made by submitting a completed Notification of Termination of an Employment Contract ID 407E or a letter. The Employment Ordinance Cap. A contract termination letter is a formal letter informing one party to a contract the intention and action to cancel or terminate their business agreement or an ongoing business relationship.

Helper holder of Hong Kong Identity Card Passport No _____ effective on _____date by giving one months notice in writing one months wages in lieu of notice for the purpose of advanced contract renewal. 57 Termination of Contracts of Employment For a non-continuous contract with no after probation period the length of notice shall be the agreed period. Important Notes for Foreign Domestic Helpers and their Employers When Using the Service of Employment Agencies in Hong Kong.

If you are in a probation period the required length of notice or the amount of wages in lieu of notice is determined as follows. An employer must inform the HK Immigration Department about the termination of a contract within 7 days of the last working date. A written employment contract reminds both employers and employees of their obligations helps avoid possible disputes and sets out clearly the rights and benefits of both parties.

This form is the official notification to inform the immigration about the termination or expiry of a contract. The Employment Ordinance provides that. The law relating to termination of employment contracts 31 January 2014 Subject to certain exceptions employers and employees in Hong Kong may terminate their employment relationship by providing the other with requisite notice of the termination or by making a payment in lieu of such notice.

During probation you may be terminated at any time without notice during your first month of employment and thereafter with seven days of notice of termination. It is not uncommon in Hong Kong for job applicants to accept a job offer and then later change their minds either to stay in their current employment or accept another offer. A sample of the letter of termination is at Appendix III.

Sample Letter of Termination of Employment Contract Initiated by FDH Please select language and click Open button Open. Ensure you mention the dates on which you would want the contract termination to take effect. The length of advance notice or the amount of wages in lieu of notice for termination of a continuous contract of employment is determined as follows.

The Employee is entitled to the following paid annual leave according to the rules of the. Other payments under the employment contract such as gratuity provident fund etc. Yes either party may terminate the contract by giving not less than one months notice in writing or by paying one months wages to the other party.

2 A new contract of employment with the same Helper to take effect immediately following. Sample Letter of Termination of Employment Contract Initiated by FDH Employer. An employer may terminate your employment in accordance with the employment contract and the Employment Ordinance.

Please fax the completed ID 407E or notification letter to 852 2157 9181. Immigration Termination Form ID407e. E-mail address for enquiries.

Please refer to Table 2 for the corresponding payment in lieu of notice. Acknowledgment of Termination. Contract termination letter- sample template.

This form is a notification of termination of an employment contract given by the employers of domestic helpers from abroad or the domestic helpers from abroad to the Director of Immigration the Government of the Hong Kong SAR. Claim for unreasonable dismissal An employee employed under a continuous contract for a period of not less than 24 months may make a claim for remedies against an employer for unreasonable dismissal if he is dismissed other than for a valid reason as specified in the Employment Ordinance. The two-week rule for terminated or break contract domestic helpers The so-called two-week rule states that after the termination of the contract and the notice period foreign domestic workers need to leave Hong Kong within 2 weeks.

Time of Making Termination Payments An employer shall pay all the termination payments except for severance payment to the employee as soon as practicable and in any case not later than seven days after the date of termination or expiry of contract. See A4 for the valid reasons Under such circumstances the Labour Tribunal in considering the case. A contract of employment may be terminated by resignation dismissal by the employer constructive dismissal the expiry of a fixed term.


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