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Early Release From Notice Period for Hong Kong

Early Release From Notice Period Template for Hong Kong

A legally binding agreement under Hong Kong employment law that documents the mutual consent between an employer and employee to terminate the employment relationship earlier than the notice period specified in the original employment contract. The document outlines the terms of early release, including the revised termination date, final payment arrangements, and any specific obligations of both parties. It ensures compliance with the Hong Kong Employment Ordinance while protecting both parties' interests in the early termination arrangement.

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Early Release From Notice Period

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What is a Early Release From Notice Period?

The Early Release From Notice Period agreement is essential in Hong Kong's dynamic business environment where employment mobility and flexibility are increasingly important. This document is used when both employer and employee mutually agree to terminate employment earlier than the notice period specified in the original employment contract. It's particularly relevant in situations involving new job opportunities, business restructuring, or mutual agreement to expedite separation. The document must comply with the Hong Kong Employment Ordinance and typically includes specific details about the revised termination date, final payment calculations, handling of benefits, and any continuing obligations. It provides legal protection for both parties by formally documenting the agreed terms of early release and ensuring all aspects of the early termination are clearly addressed and mutually understood.

What sections should be included in a Early Release From Notice Period?

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: States the existing employment relationship, notice period requirement, and desire for early release

3. Definitions: Defines key terms used in the agreement including 'Early Release Date', 'Original Notice Period', and 'Final Payment'

4. Early Release Terms: Specifies the agreed early release date and modifications to the original notice period

5. Final Payment Arrangements: Details the calculation and payment of final salary, unused leave, and any pro-rated bonuses

6. Mutual Release: Confirms both parties agree to waive their rights regarding the original notice period

7. Continuing Obligations: Specifies which employment contract obligations survive the early release

8. Governing Law: Confirms the agreement is governed by Hong Kong law

What sections are optional to include in a Early Release From Notice Period?

1. Garden Leave: Include when the employee is required to serve garden leave during any remaining notice period

2. Handover Requirements: Include when specific handover duties need to be completed before the early release

3. Non-Compete Reminder: Include when reminding employee of existing post-employment restrictions

4. Additional Payment: Include when there is a negotiated payment in exchange for early release

5. Company Property Return: Include when specific company property must be returned before the early release date

What schedules should be included in a Early Release From Notice Period?

1. Schedule 1 - Payment Calculation: Detailed breakdown of final payment including salary, leave, and any pro-rated bonuses

2. Schedule 2 - Handover Checklist: List of tasks and responsibilities to be handed over before departure

3. Appendix A - Relevant Employment Contract Clauses: Extract of relevant clauses from the original employment contract that remain in effect

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Retail

Healthcare

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Construction

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Media

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Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

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Research and Development

Administration

Customer Service

Product Development

Compliance

Risk Management

Business Development

Relevant Roles

CEO

Managing Director

Department Head

Senior Manager

Manager

Senior Executive

Executive

Associate

Administrator

Specialist

Analyst

Consultant

Director

Vice President

Senior Vice President

Chief Financial Officer

Chief Operating Officer

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Team Leader

Industries




Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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