The Termination Of Employment Without Notice document is a critical instrument used in Hong Kong employment relationships when immediate termination is necessary due to serious misconduct or material breach of employment terms. It must strictly comply with the Hong Kong Employment Ordinance (Cap. 57), which sets out specific grounds for summary dismissal under Section 11. This document is used in situations where the employee's conduct is sufficiently serious to warrant immediate dismissal without notice or payment in lieu, such as fraud, dishonesty, or gross insubordination. The document needs to clearly state the grounds for termination, detail any final payments, address company property return, and remind the employee of post-termination obligations. Given its serious nature and legal implications, it typically requires review by HR and legal professionals before issuance.
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1. Letter Header: Company letterhead, date, and addressee details including employee name, position and address
2. Subject Line: Clear indication that this is a termination of employment without notice/summary dismissal
3. Notification of Termination: Clear statement of immediate termination and effective date
4. Grounds for Summary Dismissal: Specific reason(s) for termination without notice, referencing relevant misconduct or breach under Section 11 of the Employment Ordinance
5. Final Payment Details: Breakdown of final payments including outstanding salary, unused annual leave, and any statutory payments if applicable
6. Return of Company Property: List of company property to be returned immediately
7. Confidentiality Reminder: Reminder of ongoing confidentiality obligations post-employment
8. Signature Block: Authorized signatory details and company stamp
1. Post-termination Restrictions: Reference to existing non-compete or non-solicitation obligations, if applicable in the original employment contract
2. Legal Rights Reservation: Company's reservation of rights to take legal action if necessary
3. Acknowledgment Section: Space for employee to acknowledge receipt, used when hand-delivered
4. Medical Benefits: Details about continuation or termination of medical benefits, if applicable
5. Outstanding Loans: Details of any outstanding loans or advances to be settled, if applicable
1. Final Payment Calculation: Detailed breakdown of all final payments and deductions
2. Evidence of Misconduct: Supporting documentation evidencing the grounds for summary dismissal
3. Company Property Checklist: Itemized list of company property to be returned
4. Exit Procedures: Checklist of administrative procedures for immediate exit
5. Relevant Employment Contract Excerpts: Copies of relevant clauses from employment contract supporting the termination
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