This Dismissal Letter For Poor Performance is a crucial document used in Hong Kong employment contexts when terminating an employee's contract due to unsatisfactory performance. It serves as the formal written notification of employment termination, following a documented history of performance issues and improvement attempts. The letter must comply with Hong Kong's Employment Ordinance (Cap. 57) and related employment legislation, ensuring proper notice periods and statutory entitlements are addressed. It should reference previous performance discussions, warnings, and improvement plans to demonstrate fair treatment and proper process. The document is designed to minimize legal risks while maintaining professionalism and clarity in communicating the termination decision.
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1. Letter Date and Address Block: Full company letterhead, date, and employee's full name and address
2. Subject Line: Clear indication that this is a termination notice
3. Opening Statement: Direct statement of employment termination decision
4. Performance Issues Summary: Brief overview of performance issues that led to this decision
5. Previous Communications Reference: Reference to previous warnings, improvement plans, and performance reviews
6. Notice Period Details: Specification of notice period or payment in lieu of notice
7. Final Payments: Overview of final salary, unused leave, and other statutory entitlements
8. Company Property: Instructions regarding return of company property
9. Confidentiality Reminder: Reminder of ongoing confidentiality obligations
10. Closing: Professional closing with contact details for HR-related queries
1. Garden Leave Provisions: Include for senior employees or those with access to sensitive information
2. Post-termination Restrictions: Reference to existing non-compete or non-solicitation clauses if applicable
3. Handover Requirements: Include for roles requiring significant handover of responsibilities
4. Benefits Continuation: Include if there are specific benefits that continue post-termination
5. Reference Policy: Include if offering or specifying approach to future reference requests
6. Severance Package: Include if offering any ex-gratia payments or additional benefits
7. Legal Rights Reservation: Include for higher-risk terminations to reserve company's legal rights
1. Performance Review History: Chronological list of performance reviews and ratings
2. Warning Letters: Copies of previous warning letters or performance improvement plans
3. Final Payment Calculation: Detailed breakdown of all final payments and deductions
4. Company Property Checklist: List of company items to be returned
5. Handover Document Template: Template for documenting handover of responsibilities
6. Exit Processing Form: HR checklist for processing the termination
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