The Termination Due To Unauthorised Absence document is a crucial tool for Hong Kong employers dealing with situations where employees have abandoned their positions or failed to report to work without proper authorization or justification. This document is typically used when an employee has been absent for an extended period without providing appropriate notice or documentation, and after reasonable attempts to contact the employee have been unsuccessful. It must comply with Hong Kong's Employment Ordinance (Cap. 57) requirements and should be issued only after following proper internal procedures and documentation. The document serves multiple purposes: it formally terminates the employment relationship, outlines the basis for termination, details final payment arrangements, and protects the employer's interests in potential future disputes. It should be prepared with consideration of Hong Kong's specific requirements regarding notice periods, final payments, and employee entitlements.
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1. Recipient Details: Full name, employee ID, position, and address of the employee
2. Date: Date of the termination letter
3. Subject Line: Clear indication that this is a termination notice due to unauthorized absence
4. Factual Background: Details of the unauthorized absence, including dates and duration
5. Previous Communications: Reference to any previous warnings, attempts to contact, or communications regarding the absence
6. Termination Statement: Clear statement of employment termination and its effective date
7. Legal Basis: Reference to relevant employment contract clauses and Employment Ordinance provisions
8. Final Payment Details: Information about final salary, unused annual leave, and any other entitlements
9. Company Property: Request for return of company property and details of return process
10. Closing: Signature block with name and position of authorized signatory
1. Previous Disciplinary Actions: Include if there have been previous incidents of unauthorized absence or other relevant disciplinary issues
2. Medical Certificate Request: Include if company policy requires medical certification for extended absences
3. Non-Compete Reminder: Include if employee is bound by post-employment restrictions
4. Severance Information: Include if employee is eligible for severance payment under Hong Kong law
5. Exit Interview: Include if company policy requires an exit interview process
6. Benefits Termination: Include if employee had specific benefits that need to be addressed (health insurance, etc.)
1. Record of Absence: Detailed log of unauthorized absence dates and any related communications
2. Final Payment Calculation: Breakdown of final payment including salary, leave, and any deductions
3. Company Property Checklist: List of company property to be returned
4. Previous Warning Letters: Copies of any previous warning letters or communications regarding unauthorized absence
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