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Termination Due To Poor Performance for Hong Kong

Termination Due To Poor Performance Template for Hong Kong

A formal termination letter compliant with Hong Kong employment law, specifically designed for cases where an employee's employment is being terminated due to documented poor performance. The document incorporates essential elements required under the Hong Kong Employment Ordinance, including notice periods, final payment calculations, and references to previous performance improvement attempts. It provides a comprehensive record of the termination decision, protecting both employer and employee interests while ensuring compliance with local employment regulations and fair dismissal practices.

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Termination Due To Poor Performance

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What is a Termination Due To Poor Performance?

This document is essential for employers in Hong Kong who need to formally terminate an employee's contract due to poor performance. The Termination Due To Poor Performance letter should only be used after documented performance issues, formal warnings, and unsuccessful performance improvement plans. It must comply with the Hong Kong Employment Ordinance and related employment legislation, including proper notice periods and statutory entitlements. The document serves as an official record of the termination decision, outlining the reasons for termination, notice period or payment in lieu, final payments, and post-employment obligations. It's crucial for protecting the employer's interests while ensuring fair treatment of the employee and minimizing the risk of wrongful dismissal claims.

What sections should be included in a Termination Due To Poor Performance?

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

2. Subject Line: Clear indication that this is a termination notice

3. Reference to Employment Contract: Details of the original employment contract and position

4. Performance Issues: Specific description of performance issues, including dates and examples

5. Previous Communications: Reference to prior warnings, performance improvement plans, and discussions

6. Termination Decision: Clear statement of the decision to terminate and the effective date

7. Notice Period: Specification of notice period or payment in lieu of notice

8. Final Payments: Details of final salary, unused annual leave, and other entitlements

9. Company Property: Instructions regarding return of company property

10. Confidentiality: Reminder of ongoing confidentiality obligations

11. Signature Block: Space for authorized signatory and company stamp

What sections are optional to include in a Termination Due To Poor Performance?

1. Garden Leave: Include if the employee is to be placed on garden leave during the notice period

2. Post-termination Restrictions: Reference to existing non-compete or non-solicitation clauses if applicable

3. Handover Requirements: Include if specific handover of work or projects is required

4. Reference Policy: Include if addressing future reference requests

5. Medical Benefits: Include if there are ongoing medical benefits to be addressed

6. Share Options/Long-term Incentives: Include if employee has any outstanding share options or long-term incentives

7. Acknowledgment: Optional section for employee to acknowledge receipt and understanding

What schedules should be included in a Termination Due To Poor Performance?

1. Schedule 1 - Performance History: Detailed timeline of performance issues, warnings, and improvement attempts

2. Schedule 2 - Final Payment Calculation: Detailed breakdown of all final payments and deductions

3. Schedule 3 - Company Property List: Itemized list of company property to be returned

4. Appendix A - Handover Checklist: Detailed list of tasks and documents to be handed over before departure

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses



















Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Professional Services

Healthcare

Education

Construction

Hospitality

Logistics

Real Estate

Media and Entertainment

Telecommunications

Insurance

Banking

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Finance

Administration

Department Management

Relevant Roles

Chief Executive Officer

Managing Director

Department Manager

HR Director

HR Manager

Legal Counsel

Compliance Officer

Operations Manager

Team Leader

Supervisor

Project Manager

Finance Manager

Administrative Manager

Regional Manager

Business Unit Head

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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