Fired in Hong Kong? Termination Rights 2027: Notice, Final Pay & Unfair Dismissal
Kenji Farre, Director · Oct 6, 2026 · 5 min read
In Hong Kong an employer can end your contract for almost any reason by giving the notice in your contract, or paying wages in lieu. The minimum is 7 days after the first month of probation, and one month after probation if the contract is silent. You must be paid your final wages, payment in lieu of notice, untaken and pro rata annual leave and any pro rata double pay within 7 days. Summary dismissal without notice is only allowed for serious misconduct, such as wilful disobedience, fraud or habitual neglect. After 24 months of service you're protected from unreasonable dismissal, and dismissal while pregnant, on paid sick leave or after a work injury is unlawful, with compensation of up to HK$150,000.
This guide explains how termination works, what you're owed and when, the difference between unreasonable and unlawful dismissal, what happens to your visa, and how to make a claim. For severance and long service pay in detail, see our severance and long service payment guide.
Can Your Employer Fire You Without a Reason in Hong Kong?
Mostly, yes. Hong Kong has no general "at will" ban on termination: either side can end a contract by giving the agreed notice or paying wages in lieu. Your protection comes from three places:
- Notice and final pay rules in the Employment Ordinance.
- Specific protections against dismissal in certain situations (pregnancy, sick leave, work injury, trade union activity, giving evidence).
- Unreasonable dismissal rules once you've worked 24 months under a continuous contract.
Source: Labour Department Concise Guide to the Employment Ordinance.
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How Much Notice Must Your Employer Give?
| Stage of employment | Minimum notice |
|---|---|
| First month of probation | None required |
| After the first month of probation | As in the contract, but not less than 7 days |
| After probation, contract specifies notice | As in the contract, but not less than 7 days |
| After probation, contract is silent | Not less than one month |
Source: Labour Department Concise Guide.
Payment in lieu of notice (PILON). Either side can end the contract immediately by paying wages in lieu of notice. It's calculated on your average wages over the previous 12 months: daily average multiplied by the days of notice, or monthly average multiplied by the months of notice.
Our probation period guide covers the first months in more detail.
What Is Summary Dismissal?
Summary dismissal means being fired on the spot, without notice or payment in lieu. Under the Employment Ordinance, an employer can only do this if you:
- wilfully disobey a lawful and reasonable order,
- misconduct yourself in a way inconsistent with your duties,
- are guilty of fraud or dishonesty, or
- are habitually neglectful of your duties.
Taking part in a strike is not a lawful ground for summary dismissal.
Summary dismissal has big consequences: you lose your notice pay, severance or long service payment, pro rata annual leave and pro rata double pay. If you think the grounds don't stand up, challenge it. Many summary dismissals are later found to be wrongful.
You can also leave without notice if you reasonably fear violence or disease, are ill-treated by your employer, or (after five years' service) are certified permanently unfit for your type of work. If your wages are unpaid for a month after they're due, you can treat the contract as ended by your employer.
Source: Labour Department Concise Guide.
What Final Pay Are You Owed?
When your employment ends (unless you're summarily dismissed for serious misconduct), you're typically owed:
| Payment | When it applies |
|---|---|
| Outstanding wages | Always |
| Payment in lieu of notice | If you're not asked to work your notice |
| Untaken annual leave | Always, for leave already earned and not taken |
| Pro rata annual leave | If you've worked 3 to 12 months in the current leave year |
| Pro rata end of year payment (double pay) | If your contract includes one and you qualify |
| Severance payment | After 24 months, if dismissed for redundancy or laid off |
| Long service payment | After 5 years, in qualifying situations |
Timing: everything except severance must be paid as soon as practicable and no later than 7 days after your employment ends. Severance is due within two months of your written claim.
Source: Labour Department Concise Guide.
Two related guides: annual leave in Hong Kong and double pay and bonuses.
When Is Dismissal Unlawful in Hong Kong?
Some dismissals are prohibited outright, no matter how long you've worked:
| You can't be dismissed | Notes |
|---|---|
| While pregnant, after giving notice of pregnancy | Until the end of maternity leave, except for serious misconduct or a non-pregnancy reason during a short agreed probation |
| On a paid sickness day | Except for serious misconduct |
| After a work injury | Before compensation is agreed or assessed |
| For trade union membership or activity | At any time |
| For giving evidence | In proceedings under labour laws or work accident inquiries |
Source: Labour Department Concise Guide.
Dismissal on these grounds is unlawful. Remedies can include reinstatement or re-engagement, terminal payments, and compensation of up to HK$150,000. Our guides to sick leave and maternity and paternity leave explain those protections.
Discrimination laws (sex, pregnancy, disability, family status and race) give separate protection, enforced through the Equal Opportunities Commission.
What Is Unreasonable Dismissal?
If you've worked for the same employer under a continuous contract for at least 24 months, your employer needs a valid reason to dismiss you. Valid reasons under the Ordinance are:
- your conduct,
- your capability or qualifications for the job,
- redundancy or another genuine operational requirement,
- a legal requirement that makes continued employment unlawful, or
- another substantial reason.
If there's no valid reason, the dismissal is unreasonable. You can claim the terminal payments you would have been owed (for example, severance or long service pay you missed out on). Reinstatement needs both sides to agree.
If the dismissal is also unlawful, for example because it breaches the pregnancy or sick leave protections, the 24-month minimum doesn't apply. The Labour Tribunal can order reinstatement, or terminal payments plus compensation of up to HK$150,000 if it doesn't order reinstatement.
Source: Labour Department Concise Guide.
Redundancy vs Dismissal: What's the Difference?
| Redundancy | Other dismissal | |
|---|---|---|
| Reason | The job is no longer needed | Performance, conduct, restructuring or no reason given |
| Severance payment | Yes, after 24 months | No |
| Long service payment | No (severance applies instead) | Yes, after 5 years, unless summarily dismissed |
| Notice or PILON | Yes | Yes |
You can't receive both severance and long service pay for the same period. Both are capped at HK$390,000. Our severance and long service payment guide shows how to calculate them.
What Happens to Your Work Visa If You're Fired?
If you're on an employer-sponsored work visa (GEP), your permission to stay is tied to that job. Once employment ends:
- Tell the Immigration Department about the change, as your employer usually will.
- Find a new employer who will sponsor a new visa application, or switch to another status such as a dependant visa.
- Don't work for a new employer until the new visa is approved.
People on IANG, Top Talent Pass or QMAS, or on a dependant visa, aren't tied to one employer in the same way. Our Hong Kong work visa guide explains each route.
Tax: if you're leaving Hong Kong after your job ends, your employer must file form IR56G at least a month before you go and hold back your final pay until tax clearance. See our salaries tax guide.
How to Make a Claim
- Ask for everything in writing: the termination letter, reason, last day and a breakdown of final pay.
- Check your final pay against the table above, within 7 days of your last day.
- Contact the Labour Department's Labour Relations Division for free consultation and conciliation.
- File at the Labour Tribunal if conciliation fails. For unreasonable or unlawful dismissal, you must give written notice to your employer within 3 months of dismissal, and file a claim within 9 months.
- Claim severance in writing within 3 months of the dismissal or lay-off taking effect.
Source: Labour Department Concise Guide.
Before you sign a settlement agreement, check that it pays at least your statutory entitlements. Many employers offer an extra sum in exchange for a waiver of claims; that's normal, but don't sign away amounts you're owed by law.
FAQs: Termination of Employment in Hong Kong
Can my employer fire me without notice in Hong Kong?
Only in the first month of probation, or by summary dismissal for serious misconduct such as wilful disobedience, fraud or habitual neglect. Otherwise they must give notice or pay wages in lieu.
How much notice is required to terminate employment in Hong Kong?
Whatever your contract says, but not less than 7 days after the first month of probation. If the contract is silent, at least one month after probation.
When must my final salary be paid?
Within 7 days after your employment ends. Severance payment is due within two months of your written claim.
Am I entitled to severance pay if I'm fired?
Only if you've worked at least 24 months and you're dismissed because of redundancy or laid off. Otherwise, long service pay may apply after five years.
What is unreasonable dismissal in Hong Kong?
Dismissal of someone with at least 24 months' continuous service without a valid reason such as conduct, capability, redundancy, legal requirements or another substantial reason.
Can I be fired while on sick leave in Hong Kong?
Not on a paid sickness day, except for serious misconduct. Doing so is unlawful and can lead to compensation and a fine.
What is the maximum compensation for unfair dismissal in Hong Kong?
Up to HK$150,000 for unreasonable and unlawful dismissal, on top of any terminal payments.
Do I get paid for unused annual leave when I leave?
Yes. Untaken annual leave must be paid in all cases, and pro rata leave is due if you've worked 3 to 12 months in the current leave year, unless you were summarily dismissed.
What happens to my visa if I lose my job in Hong Kong?
A GEP work visa is tied to your employer, so you need a new sponsor and a new approval before working again. IANG, TTPS, QMAS and dependant visa holders aren't tied to one employer.
How long do I have to make a claim after dismissal?
For unreasonable or unlawful dismissal, notify your employer in writing within 3 months and file at the Labour Tribunal within 9 months. Severance must be claimed within 3 months.
Key Takeaways
- Employers can end a contract with notice or pay in lieu; the minimum is 7 days, or one month after probation if the contract is silent.
- Summary dismissal is only allowed for serious misconduct such as wilful disobedience, fraud or habitual neglect.
- Final pay, PILON and leave pay are due within 7 days; severance within two months of your claim.
- Dismissal while pregnant, on paid sick leave, after a work injury or for union activity is unlawful.
- After 24 months you're protected from unreasonable dismissal, with compensation of up to HK$150,000 in serious cases.
- A GEP visa is tied to your employer, so line up a new sponsor before you start a new job.
Get Back to Work in Hong Kong
Losing a job in Hong Kong is stressful, especially on a work visa. Browse English-speaking jobs in Hong Kong on ExpatJobBoard.com and start applying today.
