The Termination Letter To Employee For Poor Performance is a crucial document used in Hong Kong employment relationships when an employer needs to formally end employment due to documented performance issues. It must comply with the Hong Kong Employment Ordinance (Cap. 57) and related employment legislation, ensuring proper handling of notice periods, statutory entitlements, and final payments. The letter should only be issued after proper performance management processes have been followed, including documented warnings and opportunities for improvement. This document serves multiple purposes: it formally communicates the termination decision, provides a legal record of the employment's end, outlines the handling of final entitlements, and helps protect the employer from potential claims by ensuring compliance with local employment laws.
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1. Header and Date: Company letterhead, date, and reference number if applicable
2. Recipient Details: Employee's full name and address
3. Subject Line: Clear indication that this is a termination letter
4. Termination Statement: Clear statement of the decision to terminate employment and effective date
5. Performance Issues: Brief summary of performance issues, previous warnings, and improvement opportunities provided
6. Notice Period: Details of notice period or payment in lieu of notice
7. Final Payments: Breakdown of final salary, unused annual leave, and other statutory entitlements
8. Company Property: Instructions for returning company property
9. Closing: Signature block and company representative details
1. Gardening Leave: Include if employee is to be placed on gardening leave during notice period
2. Post-termination Restrictions: Reminder of any existing non-compete or confidentiality obligations
3. Reference Provision: Information about company policy on providing references
4. Grievance Procedure: Include if company policy requires mentioning internal appeal processes
5. Outplacement Support: Include if company is offering career transition assistance
6. Medical Benefits: Include if there are continuing medical benefits or insurance conversion options
1. Performance Review Summary: Summary of recent performance reviews and improvement plans
2. Final Payment Calculation: Detailed breakdown of all final payments and deductions
3. Company Property Checklist: List of company items to be returned
4. Handover Document Template: Template for documenting handover of duties and ongoing projects
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