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Hong Kong · Employment Ordinance ss.31B, 31N · claim within 3 months

Made redundant in Hong Kong? — severance claim letter ready, 3-month deadline counted

Short answer. Your written claim to the employer is open below: add your dates, wages and years of service. Who is entitled: Continuous contract of at least 24 months, dismissed for redundancy or laid off (Employment Ordinance (Cap. 57), s.31B).

  • Severance claim: give written notice BEFORE this date — the 3 months begin with your date, so the last day is the day before: type the date
  • Last day for your employer to pay wages and other termination sums (7 days after the day of termination): type the date

Check your own case.

Section 31N: no severance payment is due unless, before the end of 3 months beginning with the relevant date, it has been agreed and paid, or the employee has claimed it by notice in writing, or a claim has been filed with the Minor Employment Claims Adjudication Board or the Labour Tribunal; the Commissioner for Labour may agree a longer period. 'Beginning with' means the start date counts. Where employment ended by payment in lieu of notice, the Labour Department counts from the date up to which those wages are calculated. Section 25: termination sums are due not later than 7 days after the day of termination.

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Enter the date your dismissal took effect, and I will show you the last day to give written notice.

Send the letter in a way you can prove later, and keep the pay slips you used for the calculation.

An illustrated character, not a lawyer.

Deadlines

The rules, with the source

WhatDeadlineSource
Who is entitledContinuous contract of at least 24 months, dismissed for redundancy or laid offEmployment Ordinance (Cap. 57), s.31B
PresumptionA dismissed employee is presumed to be dismissed for redundancy unless the contrary is provedEmployment Ordinance, s.31Q
Written claimBefore the end of 3 months beginning with the relevant date (extension only if the Commissioner agrees)Employment Ordinance, s.31N
AmountTwo-thirds of last full month's wages (or 12-month average), capped at two-thirds of HK$22,500, for each year of serviceEmployment Ordinance, s.31G
MaximumHK$390,000 where the relevant date is on or after 1 October 2003Employment Ordinance, Seventh Schedule, Table A
Written statement of calculationEmployer must give it when payingEmployment Ordinance, s.31P
Other termination sumsNot later than 7 days after the day of terminationEmployment Ordinance, s.25

If no severance payment is due, a long service payment may be due after at least 5 years of service (s.31R). An employee cannot get both for the same dismissal.

Step by step

What to do, in order

  1. 1

    Check the 24 months

    Count from your start date to the date the dismissal took effect.

  2. 2

    Find your wages

    Last full month's pay slip, or you may elect the average of the last 12 months.

  3. 3

    Fill in the table

    Two-thirds of wages (max HK$15,000) × years of service, pro rata for part years.

  4. 4

    Send the notice

    By e-mail and registered post, or by hand against a signature. Keep proof.

  5. 5

    Watch the 3 months

    The notice must reach the employer before the deadline, not just be written.

  6. 6

    If not paid

    Contact the Labour Relations Division (hotline 2717 1771) for conciliation.

Questions

My employer says I resigned, not that I was dismissed. What now?

Write down exactly what happened and when. Severance is for dismissal for redundancy or lay-off; the Labour Department can help if the facts are disputed.

Does the 3-month deadline mean I must go to court?

No. A written claim to the employer within 3 months is enough to keep your right. Filing with the Labour Tribunal or MECAB within that time also counts.

What if I worked part-time?

Severance needs a continuous contract. Check how many hours you worked each week and month with the Labour Department before relying on this letter.

Official sources

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This is a ready document and a deadline calculation, not legal advice.