What is the notice period for employment termination in Hong Kong?

In Hong Kong, the notice period for ending an employment contract is governed by the Employment Ordinance (Cap. 57). The required notice varies depending on whether the employee is in a probationary period and whether a specific notice period is included in the employment contract.


1. During the Probation Period

  • With a notice clause:
    Either party may terminate the contract by giving at least 7 days’ notice or payment in lieu of notice, unless a shorter period has been agreed upon in writing.

  • Without a notice clause:

    • Within the first month of probation: Either party can terminate the contract without notice or payment.

    • After the first month: A minimum of 7 days’ notice is required.


2. After Probation (or If Not on Probation)

  • If the employment contract does not specify a notice period, the default is:

    • A minimum of 1 month’s notice, or

    • Payment in lieu of notice, equal to the employee’s wages for that period.


3. If the Contract Specifies a Notice Period

  • The agreed notice period applies, as long as it is not less than 7 days.

  • Employers and employees are free to agree on a longer or shorter period (minimum 7 days) in writing.


4. Immediate Termination (Without Notice)

Either party may terminate the contract immediately, without notice or payment, under specific conditions, including:

  • Serious misconduct (e.g. dishonesty, violence, fraud).

  • Habitual neglect of duties.

  • Any statutory reason allowed under the Employment Ordinance.


The notice period framework is designed to ensure fairness while allowing flexibility depending on contract terms and employment status.

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