Only accept the termination agreement if you fully understand the content and are satisfied with the terms and conditions. Strict information and notification rules apply if 50 or more employees are to be laid off within 30 calendar days, 200 or more employees within 60 calendar days, or 500 or more employees within 90 calendar days. They also apply to redundancies of employees amounting to 1% of the total number of employees in connection with the liquidation of the organization or to workforce reductions within 30 calendar days in areas with fewer than 5,000 employees. This rule may vary by region and industry depending on the provisions of collective agreements. If your employment relationship continues and there is a second termination agreement within six months of the first, your consent for the second contract cannot be revoked. The second termination agreement will most likely be final. In the event of termination of the employee`s employment relationship by the employer as a result of restructuring, improvement of the production process, distribution or service due to the introduction or replacement of machinery or the use of technology resulting in a reduction in the number of employees, the employer must grant the employee a notice period of 60 days. Failure to have such a dismissal will result in the payment of special severance pay in the amount of the last 60 daily wages in addition to severance pay for termination of the employment relationship. If an employer plans to fire a worker employed in factories, mines, or plantations where the number of workers employed in the past year is 100 or more (300 in some states), the employee is entitled to 3 months` notice or payment in lieu of that notice period. In both cases, the termination must be made in writing and indicate the reason for the reduction.

Employers are prohibited from taking “adverse measures” – including dismissals – against an employee because the employee has or exercises a “right in the workplace” or is lawfully engaged in an “industrial activity” or because of a protected characteristic such as race, sex, age or disability. Other safeguards include prohibiting an employer from dismissing an employee because the employee is temporarily absent from work for less than 3 months over a 12-month period due to illness or injury. Termination restrictions and specific procedures for the termination of protected employees: In the case of open-ended/fixed-term contracts, employees are entitled to a notice period. Its duration depends on what is provided by the respective ABC. Each company is subject to its respective CBA and, in the absence of a specific agreement, the CBA framework applies. Additional reporting obligations may be provided for in each collective agreement. If the employee is in all cases represented by a union, the employer is required to consult with the union in order to fulfill the duty to consult in good faith. The employer must initiate administrative proceedings before the Ministry of Labour to dismiss his staff. The petition must state the economic or technical reasons for the dismissal of the workforce and provide certain supporting documents. Once the petition is submitted, a bargaining committee will be set up. The bargaining committee is composed of 1 representative appointed by the workers` union, 1 representative appointed by the employer and the labour inspector who chairs the committee and acts as an intermediary. The bargaining committee may seek agreement on the number of workers to be dismissed, the time limit for such dismissals and the severance pay granted to departing workers.

Instead of laying off the workforce, the Negotiating Committee can agree on alternative measures to avoid job cuts. Statutory severance pay for laid-off employees with uninterrupted service of 2 years or more. Calculated using a base amount per year of service or 2/3 of the employee`s last full monthly salary (equal to the monthly average of the employee`s wages earned in the last 12 months – or a shorter period in which the employee was employed for less than 12 months – or 2/3 of HKD 22,500, whichever is the lowest). Total severance pay is limited to HKD 390,000. The employer is entitled to set off against the obligation to pay severance pay any tip or pension payment paid to the employee in respect of the years of service for which severance pay is payable. For the purposes of severance pay, there is a legal presumption that the termination took place on the basis of termination. This presumption can only be rebutted by an employer who proves that the employment relationship was terminated for reasons unrelated to the dismissal. No third party approval for termination or termination documents, except in the oil and gas industry where the consent of the HPR is required. If your employer wishes to terminate your employment contract, it is likely that they will ask you to agree on the terms of the termination. 30-day notice period for unilateral dismissal of officers and other designated employees (i.e., dismissal without reasons – see “Reasons”).

30-day notice period for an employee due to a termination (i.e., termination due to business needs – see “Reasons”). An employment contract may be terminated by mutual agreement between the parties, with notice, with immediate effect (for good cause or through no fault of an employee) or at the end of the period for which it was concluded (i.e. fixed-term employment contracts and probationary employment contracts). With the exception of limited cases justifying dismissal without notice, minimum NOTICE periods from the BCEA of between 1 week and 4 weeks apply, unless the employment contracts provide for a longer dismissal or a collective agreement provides for a shorter period. Written notice. A dismissal cannot be made while the employee is on leave. The notice period, which does not apply to dismissals due to serious misconduct, depends on seniority within the company: no legal right to severance pay, although severance pay can be agreed in the employment contract. Termination agreements are also permitted. In China, there is no all-you-can-eat job, and the dismissal of employees must be done for a valid reason.

It is not necessary to comply with dismissal in the event of dismissal for a fundamental reason for replacement established in accordance with the Labour Code. 30 days in advance. Not required for cases of misconduct or dismissal for non-compliance with conditions of employment during the probationary period. Certain circumstances prevent the termination of the employment relationship without notice or result in an increase in severance pay, such as: A very basic form of a termination agreement can be found on the UWV website. The most widely used form contains many model clauses that have proven their worth over the years. .

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