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Mutual Employment Termination Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Mutual Employment Termination Agreement

"I need a Mutual Employment Termination Agreement for a mid-level sales manager in Hong Kong, with a termination date of March 15, 2025, including standard confidentiality provisions and a basic reference letter."

Document background
The Mutual Employment Termination Agreement is a crucial document used in Hong Kong when both employer and employee agree to end their employment relationship by mutual consent. It is commonly used in situations where parties wish to document a clean break and avoid potential future disputes. The agreement should comply with Hong Kong employment laws, particularly the Employment Ordinance (Cap. 57), and typically includes provisions for final payments, benefit arrangements, confidentiality obligations, and mutual releases. This document is especially valuable in scenarios involving senior executives, sensitive departures, or complex compensation arrangements, as it provides clarity and legal certainty for all parties involved. The agreement should be tailored to address specific circumstances while ensuring all statutory requirements under Hong Kong law are met.
Suggested Sections

1. Parties: Identification of the employer and employee, including their full legal names and addresses

2. Background: Brief history of the employment relationship, including start date and current position

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship will end

5. Final Payment: Details of salary, unused annual leave, and any other statutory payments due

6. Tax and MPF: Arrangements for tax withholding and MPF contributions

7. Company Property: Requirements for return of company property and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Mutual release of claims and confirmation of full settlement

10. Governing Law: Confirmation that Hong Kong law governs the agreement

11. Execution: Signature blocks and execution details

Optional Sections

1. Garden Leave: Include when employee will be on paid leave until termination date

2. Ex-gratia Payment: Include when additional discretionary payments are being made

3. Reference: Include when agreed form of reference will be provided

4. Non-disparagement: Include for senior positions or sensitive departures

5. Post-termination Restrictions: Include when existing restrictive covenants are being maintained or modified

6. Legal Advice: Include when employee has been advised to seek independent legal advice

7. Insurance Benefits: Include when addressing continuation or termination of insurance coverage

8. Share Options/Awards: Include when dealing with existing employee share schemes

9. Announcement: Include when parties agree on how the departure will be communicated

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, leave, bonuses, and statutory entitlements

2. Schedule 2 - Company Property: List of all company property to be returned

3. Schedule 3 - Employee Benefits: Details of any continuing or terminating benefits

4. Appendix A - Form of Reference: Agreed form of reference if applicable

5. Appendix B - Announcement Template: Agreed form of internal/external announcement if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Professional Services

Healthcare

Education

Real Estate

Construction

Hospitality

Telecommunications

Media and Entertainment

Transportation and Logistics

Energy

Insurance

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Administration

Research and Development

Customer Service

Compliance

Risk Management

Corporate Communications

Procurement

Project Management

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Manager

Executive

Officer

Supervisor

Associate

Analyst

Administrator

Coordinator

Specialist

Director

Vice President

General Manager

Team Leader

Professional Staff

Support Staff

Technical Staff

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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