Document text
Date: [DD MONTH YYYY]
Sent by [E-MAIL AND REGISTERED POST / BY HAND AGAINST SIGNATURE]
To:
[EMPLOYER'S NAME — COMPANY OR PERSON]
Attn: [HR MANAGER / DIRECTOR]
[EMPLOYER'S ADDRESS]
From:
[EMPLOYEE'S FULL NAME]
Staff No.: [NUMBER]
[ADDRESS]
[PHONE] · [E-MAIL]
Subject: Notice of claim for severance payment under section 31N of the Employment Ordinance (Cap. 57)
Dear [NAME],
I was employed by you as [JOB TITLE] under a continuous contract from [START DATE]. My employment ended on [LAST DAY / DATE THE DISMISSAL TOOK EFFECT] when [you dismissed me / I was laid off] because [THE BUSINESS CLOSED / THE BRANCH CLOSED / MY POSITION WAS ABOLISHED / FEWER STAFF WERE NEEDED / REASON GIVEN TO ME].
By this letter I give you notice in writing that I claim a severance payment under sections 31B and 31N of the Employment Ordinance.
1. Why I am entitled
I was employed under a continuous contract for [YEARS] years [MONTHS] months, which is not less than 24 months.
My dismissal was by reason of redundancy. Under section 31Q, a dismissed employee is presumed to have been dismissed by reason of redundancy unless the contrary is proved.
[IF LAID OFF: I was laid off within the meaning of section 31E from (DATE) to (DATE).]
2. My calculation
Item Details
Last full month's wages HK$[AMOUNT]
[OR] Average monthly wages over the last 12 months (if I elect this) HK$[AMOUNT]
Two-thirds of the wages above, but not more than HK$15,000 (two-thirds of HK$22,500) HK$[AMOUNT]
Reckonable years of service (pro rata for an incomplete year) [NUMBER]
Severance payment claimed (subject to the statutory maximum of HK$390,000) HK$[AMOUNT]
[IF NOT MONTHLY RATED: 18 days' wages chosen from my last 30 normal working days, but not more than two-thirds of HK$22,500, for every year of service.]
3. Other sums due on termination
Please also pay, not later than 7 days after the day of termination, the other sums due to me under section 25 of the Employment Ordinance:
Item Amount (HK$)
Outstanding wages to [DATE] [AMOUNT]
Wages in lieu of notice [AMOUNT / NOT APPLICABLE]
Untaken and pro rata annual leave [AMOUNT]
Untaken statutory holidays [AMOUNT]
Other sums under my contract (e.g. year-end payment, commission) [AMOUNT]
4. What I ask you to do
Please pay the severance payment and the other sums into my account [BANK, ACCOUNT NAME, ACCOUNT NUMBER] and give me a written statement showing how the severance payment was calculated, as required by section 31P.
Please reply in writing by [DATE — E.G. 14 DAYS FROM THIS LETTER]. If the matter is not settled, I will seek the assistance of the Labour Relations Division of the Labour Department.
Yours faithfully,
______________________________
[EMPLOYEE'S FULL NAME]
Attachments:
1. Employment contract / offer letter.
2. Termination letter or notice (if any).
3. Pay slips for the last 12 months.
4. MPF statements (if relevant).
BEFORE SENDING — delete this part
Your deadline is 3 months. The written claim must be given before the end of 3 months beginning with the date your dismissal took effect. "Beginning with" means that day counts, so the last day is the day before the same date three months later. Send it early and keep proof of delivery.
24 months or more. Severance payment needs at least 24 months of continuous employment and a dismissal for redundancy or a lay-off.
Not redundancy? If no severance payment is due and you have at least 5 years of service, ask about a long service payment instead. You cannot receive both.
Help: Labour Department enquiry hotline 2717 1771.
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