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Notice period in Hong Kong
Hong Kong's termination of employment
Post-termination restraints in Hong Kong
Waivers in Hong Kong
Transfer of undertaking in Hong Kong
Manage your Hong Kong business compliantly with CXC
End of employment in Hong Kong
End of employment in Hong Kong is governed by clear rules under the Employment Ordinance, which outlines how contracts may be lawfully terminated, the required notice periods, and the rights of both employers and employees. Termination may occur through resignation, redundancy, or mutual agreement, and each scenario requires compliance with statutory procedures to ensure fairness and legal validity.
Employers must provide appropriate notice or payment in lieu, while employees should submit an end of contract letter to employer in Hong Kong to formally confirm the termination details, including the last working day, settlement of final wages, and any outstanding entitlements. Similarly, employees are expected to give notice according to their employment agreement—typically ranging from seven days to one month depending on tenure and contract type. During probation, no notice is required within the first month, while fixed-term contracts naturally expire on their specified date unless renewed.
Employers also have responsibilities when terminating foreign workers, including notifying the Immigration and Inland Revenue Departments within prescribed timelines. For foreign domestic helpers, visa termination procedures must be completed promptly, and all outstanding payments settled within seven days. Employees who have completed at least two years of continuous service may also be eligible for severance or long service payments, depending on the reason for termination.
Effective communication is key during this process. Employers should maintain proper documentation and ensure that termination decisions are justified, transparent, and compliant with Hong Kong’s employment laws to prevent disputes or claims of wrongful dismissal.
Partnering with CXC as an Employer of Record helps businesses manage the end of employment in Hong Kong efficiently and compliantly, handling all documentation, final payments, and regulatory notifications while maintaining smooth transitions for both employers and employees.
Notice period in Hong Kong
The notice period in Hong Kong governs how and when an employer or employee can end an employment relationship. It ensures both parties have adequate time to prepare for termination or resignation, balancing business continuity with fairness. Notice periods are regulated under the Employment Ordinance and must comply with statutory minimums, regardless of what is written in the employment contract.
Hong Kong’s labour law on notice period
Under Hong Kong’s labour law on notice period, the duration of notice depends on the employee’s contract type and whether they are serving a probationary period. The law distinguishes between the first month of probation, the remainder of the probation period, and post-probation employment.
- During the first month of probation: Either party may terminate employment without notice or payment in lieu.
- After the first month of probation: A minimum of seven days’ notice is required, unless the contract specifies a longer period.
- After probation: The contract must clearly state the notice period, but it cannot be shorter than seven days.
If a contract does not specify a period, the default notice period is one month. Employers and employees may agree to terminate employment immediately by paying the equivalent of wages for the notice period instead of serving it. The calculation is based on the average daily earnings of the employee over the past 12 months.
Hong Kong’s resignation notice period
The Hong Kong’s resignation notice period follows the same principles as termination. Employees are required to provide notice according to the employment contract, with a statutory minimum of seven days. Most permanent employees typically have a one-month notice period.
For probationary employees, no notice is required during the first month. Beyond that, at least seven days’ notice—or the period stated in the contract—is mandatory. Employees may also opt to pay wages in lieu of notice if they wish to leave immediately.
Employers should confirm all notice and payment terms in writing to prevent misunderstandings. Proper documentation protects both parties and ensures compliance with the Employment Ordinance.
Termination notice period in Hong Kong
The termination notice period in Hong Kong is designed to protect both employers and employees. Either party can terminate a contract by giving notice or payment in lieu, except in cases of serious misconduct, dishonesty, or habitual neglect of duty—where an employer may terminate immediately without notice.
Similarly, employees may resign without notice if their employer fails to pay wages on time, ill-treats them, or otherwise breaches the employment contract.
Employers are encouraged to maintain consistent policies and clear communication to avoid disputes during notice periods. Establishing written procedures aligned with statutory requirements ensures a smooth end-of-employment process and helps maintain good employer-employee relations.
Hong Kong's termination of employment
The termination of employment in Hong Kong is governed by clear statutory provisions under the Employment Ordinance, which outlines the rights and obligations of both employers and employees when ending a contract. Whether through resignation, redundancy, or dismissal, the law requires transparency, fairness, and compliance with notice and payment requirements to protect both parties.
Termination of employment contract in Hong Kong
The termination of employment contracts in Hong Kong can occur either by giving proper notice, making payment in lieu of notice, or by summary dismissal in cases of serious misconduct. Termination may be initiated by either the employer or the employee, and both must follow the agreed terms of the contract and the minimum legal standards set out by the Employment Ordinance.
Common grounds for employer-initiated termination include:
- Misconduct: Wilful disobedience, dishonesty, habitual neglect of duties, or behaviour inconsistent with employment obligations.
- Incapacity: Inability to perform work due to illness or lack of capability.
- Redundancy: When a position becomes unnecessary due to restructuring or operational changes.
- Legal grounds: If continuing the employment would breach statutory requirements.
Employees may also resign without notice (constructive dismissal) if the employer commits a serious contractual breach, such as failing to pay wages for over one month or exposing the employee to danger. Employers must always issue an employment termination letter in Hong Kong to confirm the decision, reasons, and settlement details, as this ensures legal compliance and proper documentation.
Hong Kong’s employment law on termination
Under Hong Kong’s employment law on termination, employers are prohibited from dismissing employees for unlawful reasons such as pregnancy, participation in trade unions, or giving evidence in legal proceedings. Employees with at least two years of continuous service are protected from unreasonable dismissal unless one of the five valid reasons under the Employment Ordinance applies — capability, conduct, redundancy, legal breach, or other substantial reasons accepted by the court.
In cases where employment ends, all outstanding wages, bonuses, and benefits must be paid within seven days of termination. Failure to do so may result in fines and penalties. Employers should also provide employees with a written statement of termination terms to avoid disputes.
Hong Kong’s employment visa termination of contract
For foreign employees, including domestic helpers and expatriate workers, Hong Kong’s employment visa termination of contract has specific procedures. Employers must notify the Immigration Department in writing within seven days of the termination date. Employees are generally required to leave Hong Kong within two weeks after termination or by the expiry of their visa, whichever is earlier.
Employers must also:
- Notify the Inland Revenue Department before or shortly after the termination.
- Pay all outstanding wages and obtain receipts for these payments.
- Ensure proper record-keeping of visa and tax notifications.
For employees, changing jobs or taking up new employment is not permitted without prior approval from the Immigration Department. Properly managing this process ensures full legal compliance and protects both parties’ rights.
In summary, Hong Kong’s termination of employment framework promotes fairness and procedural clarity, requiring employers to act within the law and maintain transparent communication throughout the process.
Post-termination restraints in Hong Kong
Post-employment restrictions play a significant role in protecting a company’s business interests after an employee leaves. The post-termination restraints in Hong Kong aim to prevent former employees from engaging in activities that may harm their previous employer, such as poaching clients, disclosing trade secrets, or joining a direct competitor. However, Hong Kong courts balance these interests carefully against an individual’s right to earn a living, ensuring that restrictive covenants are fair, reasonable, and enforceable under the Employment Ordinance and common law principles.
Non-solicitation clause in Hong Kong
A non-solicitation clause in Hong Kong restricts a departing employee from directly or indirectly soliciting the employer’s clients, suppliers, or staff after leaving the company. These clauses are common in employment contracts and are typically used to protect confidential business relationships and goodwill.
Courts assess such clauses based on their reasonableness, which is measured by scope, duration, and geographical limitation. A narrowly drafted clause that only restricts contact with clients the employee dealt with personally, within a short period, is more likely to be upheld. For example, an employer may include a clause preventing solicitation of clients for six months after termination if the employee held a senior client-facing role.
Employers must avoid adopting a “one-size-fits-all” approach. Overly broad restrictions—such as banning contact with all clients or employees regardless of relationship—are likely to be struck down as unenforceable. Instead, employers should tailor restrictions to specific business needs and include them explicitly in employment agreements or settlement contracts to ensure enforceability.
Non-compete clause in Hong Kong
A non-compete clause in Hong Kong prevents a former employee from joining or starting a competing business for a defined period after leaving the company. These clauses are not automatically enforceable; they must be proven reasonable and necessary to protect legitimate business interests such as trade secrets, confidential information, and customer connections.
The answer to the question “Are non-compete clauses enforceable in Hong Kong?” depends on several factors, including the nature of the business, the employee’s position, and the length and geographical scope of the restriction. Courts generally consider shorter durations (three to six months) and targeted restrictions as more reasonable. In rapidly evolving sectors like technology, long-term bans may be deemed excessive, as the competitive landscape changes quickly.
When determining enforceability, Hong Kong courts look at:
- The nature of the employer’s business, especially how easily confidential knowledge could be used competitively.
- The seniority of the employee since higher-level staff with access to sensitive data justify stronger restraints.
- The employee’s relationships, especially when personal client connections could be exploited post-employment.
Employers seeking to impose non-compete or non-solicitation clauses should clearly define the business interest they intend to protect and regularly review these clauses to ensure they reflect the current nature of the role and market conditions.
In conclusion, post-termination restraints in Hong Kong are enforceable only if they are reasonable and proportionate to the employer’s legitimate business needs. Employers are encouraged to draft tailored clauses rather than relying on generic templates, ensuring their restrictions stand up to legal scrutiny while respecting employees’ rights to continue their careers.
Waivers in Hong Kong
The concept of waivers in Hong Kong applies to both employment and immigration contexts, covering a range of situations where legal rights or obligations are voluntarily relinquished. In employment relationships, waivers typically arise in connection with termination, settlement agreements, or disciplinary actions. Meanwhile, Hong Kong also provides a visa waiver programme that allows nationals of many countries to enter the city without a visa for short stays, further reinforcing its position as an international business hub.
Employment waivers in Hong Kong
In employment relationships, employment waivers in Hong Kong can occur when either the employer or employee voluntarily gives up a contractual or statutory right. These may relate to notice periods, disclosure obligations, or disciplinary rights.
• Waiver by employer: Employers may choose to waive the right to summarily dismiss an employee for serious misconduct, opting instead to terminate the contract with payment in lieu of notice. This approach was seen in the case of Li Heung Sang v Compuware Asia Pacific Ltd, where the employer decided to pay compensation rather than dismiss immediately for misconduct. In other cases, employers may seek disclosure waivers for sensitive information, such as when applying for exemptions related to stock option disclosures under the Hong Kong Stock Exchange, provided that doing so does not prejudice investors or employees.
- Waiver by employee: Employees may waive their right to serve the full notice period by accepting a payment in lieu of notice from their employer. In situations where employees work abroad, employers must have a written, attested contract approved by the Commissioner for Labour, ensuring that employees fully understand any waivers or terms included.
- Settlement agreements: Employment waivers often appear in settlement agreements, particularly clauses covering mutual non-disparagement or agreed employment references. Employers and employees may agree not to make negative statements about each other, and the employer may provide a mutually approved reference to prevent future disputes.
Employers must, however, avoid creating implied waivers, which may occur if they share confidential documents or sensitive data without restrictions, inadvertently relinquishing confidentiality protections. Importantly, statutory rights—such as paid sick leave or maternity protection—cannot be waived by contract. Both parties are encouraged to seek legal advice before finalising any employment waiver to ensure fairness and compliance with the Employment Ordinance (Hong Kong Labour Department).
Hong Kong’s visa waiver
Beyond employment matters, Hong Kong’s visa waiver scheme reflects the city’s open and globally connected economy. Citizens of over 170 countries and territories can visit Hong Kong without a visa for periods ranging from 7 to 180 days, depending on nationality. This arrangement supports tourism, international business, and short-term professional visits.
Visitors must possess a valid passport, sufficient funds for their stay, and a return or onward ticket. However, employment or study is not permitted under a visa waiver, and those seeking to work or remain longer must apply for an appropriate visa or entry permit before travelling. Details of eligibility and stay duration are provided by the Immigration Department of Hong Kong.
Best practices when enforcing employment waivers in Hong Kong
When applying employment waivers in Hong Kong, employers should ensure that all agreements are made voluntarily, documented clearly, and compliant with statutory laws. Best practices include:
- Stating waiver terms explicitly in writing.
- Ensuring the employee receives adequate time and advice before signing.
- Avoiding clauses that attempt to remove fundamental statutory protections.
- Retaining evidence of consent and legal consultation.
In summary, waivers in Hong Kong—whether in employment contracts or immigration procedures—require clarity, fairness, and adherence to legal standards. Properly managed, they provide flexibility for both employers and employees while safeguarding compliance with Hong Kong’s regulatory framework.
Transfer of undertaking in Hong Kong
The transfer of undertaking in Hong Kong refers to a situation where a business or part of a business is sold, transferred, or otherwise changes ownership, leading to potential changes in employment relationships. Under the Employment Ordinance, the transfer itself does not automatically terminate or continue employment contracts. Instead, the law provides a framework for continuity of employment if specific conditions are met, although there is no automatic transfer of employees as seen in some other jurisdictions.
When a transfer occurs, the original employer must formally terminate the employment contracts of its staff, while the incoming employer decides whether to offer new contracts. The employee transfer in Hong Kong therefore takes place only if the new employer extends an offer and the employees accept it. For continuity of service to be maintained, the new offer must be made at least seven days before the previous employment ends and must include terms that are the same as, or more favourable than, the employee’s previous contract. This approach allows employees to retain accrued benefits such as annual leave, years of service, and entitlements to long service or severance payments.
However, if an employee rejects the new offer, their employment ends with the previous employer, and they are entitled to receive all termination payments required under the Employment Ordinance. This includes outstanding wages, accrued holiday pay, and possibly severance pay if they meet the eligibility criteria. Employers are therefore encouraged to communicate clearly and make fair offers to ensure a smooth transition and preserve goodwill with the workforce.
In contrast to many European frameworks, where employee contracts are automatically transferred during business sales, Hong Kong’s employment system allows greater flexibility for employers but also places more emphasis on contractual agreements. Each transfer must be handled on a case-by-case basis, ensuring legal compliance while maintaining employee confidence.
Practically, both employers should collaborate to minimise disruption. The seller should notify employees early and provide accurate information about the timing and nature of the transfer, while the buyer should prepare new contracts and payroll arrangements. It is also good practice for the new employer to honour prior service periods when calculating future benefits to prevent claims of unfair treatment.
For employees, the transition may raise concerns about benefits, job security, or seniority. Employers who proactively clarify these issues tend to retain talent more effectively and maintain operational stability during ownership transitions.
In summary, the transfer of undertaking in Hong Kong is not an automatic process but a coordinated handover between the outgoing and incoming employers. By offering timely, fair, and transparent terms, both parties can ensure legal compliance and continuity of employment while fostering trust and stability in the workplace.
Manage your Hong Kong business compliantly with CXC
Ending an employment relationship in Hong Kong requires careful attention to both contractual obligations and legal requirements. Employers and employees must ensure all notice periods, payments, and formal communications are completed correctly to avoid disputes.
When you partner with CXC, we will ensure your business is protected from risks when ending employment relationships, handling all documentation, payroll closure, and compliance tasks. We can also help you to avoid missed opportunities by re-deploying talent where possible.
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