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Does a Hong Kong company need to pay severance pay to lay off a Hong Kong employee?

Released Date: Sep 28,2022 Article Source: HUANZE

According to the relevant provisions of the Employment Ordinance of Hong Kong, if an employer (such as a Hong Kong company) meets the relevant conditions when dismissing an employee, the Hong Kong company shall, in addition to the payment of a generent payment to the employee, provide that the employee has been continuously employed by the company24If the employment contract is terminated for any of the following reasons, the Company shall also pay severance pay to the employee.

According to the relevant provisions of the Employment Ordinance of Hong Kong, an employer (e.g., a Hong Kong company) may discharge an employee if the relevant conditions are met,Hong Kong companyIn addition to the payment of a token payment to the employee, if the employee has been continuously employed by the company24If the employment contract is terminated for any of the following reasons, the Company shall also pay severance pay to the employee.

(1) downsizing or early termination of unexpired employment contracts;

(2) Failure to renew the employment contract due to redundancy;

(3Employees were shut down by the company.

There are two ways to calculate severance pay:

(1) Daily wage employee:

Employee's last job30Any of the normal working days18Daily wage (at the employee's option, but capped at15,000Hk $)×Length of service

(2) Monthly salary Employee:

Last month full month's wages or last12The average monthly wage for a month2/3(Upper limit:15,000Hk $)×Length of service

For example, an employee has taken a job at the company3Annual, monthly salary10,000Yuan, the company needs to compensate10,000×2/3×3=20,000.

Remarks:

A.Unsatisfactory length of service1The year is calculated on a pro rata basis;

B.The severance payment shall not exceed HK $390,000.

Does a Hong Kong company need to pay severance pay to lay off a Hong Kong employee?

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