he party who requested for termination of an employment contract is required to give the other party due notice, either in writing or orally.
Length of notice period
The length of notice period will depend on whether the employee is employed in the continuous employment contract or in a probation period.
| Continuous employment contract | Length of notice |
|---|---|
| With an expressed agreement | As per the agreement, but not less than seven days |
| Without an expressed agreement | Not less than one month |
| Probation Period | Length of Notice |
|---|---|
| Within the first month of probation | Not required |
| After the first month of probation | With an expressed agreement As per the agreement, but not less than seven days |
| Without an expressed agreement | Not less than seven days' notice |
Termination notice by writing
The termination letter should include the length of notice period, any payment that the employee is entitled to and the reason for termination. A sample of a termination notice can be found here.
Although there is no requirement that a notice of termination must be given in writing and contain the reason for termination, it is advisable that an employer issues a written notice on termination. It can ensure that the notice period is appropriate, employment payments are paid in full and there is a valid reason for the termination.
Key Takeaways
- A party terminating a contract must give an adequate notice period
- The notice should preferably in writing
Bibliography
- Labour Department “Chapter 9: Termination of Contract of Employment”: https://www.labour.gov.hk/eng/public/wcp/ConciseGuide/09.pdf