A written notice by the employee to the employer to resign under a continuous contract.

• If the employee is in their first month of probation, a minimum notice period is not required

• After the first month of probation, the employee must give at least seven days notice or apply the longer contractual notice period if the employment contract provides one.

• Once the employee has completed probation (or if no probation applies), the employer follows the contractual notice period; if the contract does not specify one, the employer must give one month's notice.

Not applicable in resignations.

• Payment of wages earned up to the date of resignation

• Payment for any unused statutory annual leave

• Any other contractual entitlements including bonuses, allowances, etc. that have accrued

• Wilful disobedience of a lawful and reasonable order

• Misconduct inconsistent with the duty of loyalty and faithful discharge of duties

• Fraud or dishonesty

• Habitual neglect of duties

Written notice of termination or summary dismissal, clearly specifying the effective date of termination.

If terminating for cause (summary dismissal), no notice is required in advance.

No entitlement to severance or long service payment when termination is for cause via summary dismissal.

• Payment of wages accrued up to the date of termination

• Holiday pay for unused leave accrued before termination

• Any other contractual benefits that have become due prior to termination

The employer does not need to provide a specific reason when terminating without cause, as long as proper notice or payment in lieu is given.

Written.

• During probation period: if beyond the first month of probation, at least 7 days notice is required unless the contract specifies more.

• After probation: usually the notice period is agreed in the contract; if none is agreed, a minimum of 1 month notice is required

• Severance payment is due where the employee has been continuously employed for at least 24 months and is dismissed because of redundancy (not possible under the EOR setup) or other genuine operational reasons.

• If the employee qualifies for severance, they are not eligible for long service payment and vice versa.

• Wages earned up to the date of termination

• Payment for untaken annual leave and pro rata public holidays as per contract or statute

• Payment for any other contractual or statutory entitlements accrued up to termination

A written mutual agreement signed by both parties.

Not required by law if termination is by mutual consent, unless specified in the agreement.

• Severance payment is not automatically due in mutual termination.

• However, if the termination is initiated by the employer and agreed to by the employee, and the employee qualifies for severance (at least 24 months of service and redundancy-type situation, which is not possible under the EOR setup), it can be included.

• Long service payment may also apply if the employee has at least 5 years of service and the agreement is not treated as a resignation.

• Wages earned up to the termination date must be paid

• Payment for any unused statutory annual leave and pro-rated entitlements

• Other contractually agreed benefits or ex gratia amounts may be included in the termination agreement

• No statutory notice is required if the fixed-term contract expires on its agreed end date and neither party seeks to renew it.
• However, if the contract includes a renewal clause or requires notice before expiry, those terms must be followed.

• If the contract ends due to redundancy and the employee has at least 24 months of continuous service, severance payment may be required (not possible under the EOR setup).
• If the employee has worked for five or more years and the contract ends without serious misconduct or resignation, long service payment may apply if severance is not paid.

• Payment for wages up to the contract end date
• Compensation for unused statutory annual leave and pro-rated statutory holidays
• Other contractually agreed benefits (e.g. bonuses, allowances), if accrued before the end date

• If the contract allows early termination with notice, the employer must give the agreed notice period or payment in lieu.
• If no early termination clause exists, ending the contract early can be considered a breach of contract and could entitle the employee to compensation.

• Severance is payable if the employee has at least 24 months of continuous service and is terminated due to redundancy (not possible under the EOR setup).
• Long service payment may be due if the employee has at least 5 years of service and is dismissed without cause and not paid severance.
• Compensation in lieu of the remaining contract term may apply if the contract is breached without proper notice.

• Final payment of earned wages
• Payment for unused leave and other accrued statutory entitlements
• Any other compensation agreed in the employment contract or negotiated upon early termination

The employer must pay all outstanding wages and termination-related payments (including notice pay, leave pay, and any severance or long service payment) no later than seven days after the date of termination of employment.

If the employer fails to make final payment within seven days, they are in breach of the Employment Ordinance. The employee may lodge a complaint with the Labour Department. The employer may face criminal liability, including fines and prosecution. Continued failure to pay can also entitle the employee to lodge a civil claim and may result in additional penalties or court-ordered compensation.