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Work Release Form for Hong Kong

Work Release Form Template for Hong Kong

A Work Release Form is a legally binding document used in Hong Kong to formalize the termination of an employment relationship and release of claims between an employer and employee. The document, governed by Hong Kong employment law, particularly the Employment Ordinance (Cap. 57), establishes the terms under which an employee releases their employer from potential claims arising from the employment relationship. It includes essential provisions regarding settlement payments, confidentiality obligations, and specific claims being released, while ensuring compliance with Hong Kong's employment protection regulations and personal data privacy laws.

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What is a Work Release Form?

The Work Release Form serves as a crucial document in Hong Kong employment relationships, typically used when employment is terminated by mutual agreement or as part of a settlement package. This document is essential for businesses operating under Hong Kong jurisdiction to properly document the conclusion of employment relationships and manage potential legal risks. The form outlines the terms of separation, including any settlement payments, release of claims, and ongoing obligations of both parties. It must comply with Hong Kong's Employment Ordinance, Personal Data (Privacy) Ordinance, and relevant common law principles. The document is particularly important in situations involving senior employees, sensitive positions, or where there are potential disputes to be resolved. A properly drafted Work Release Form helps protect both employer and employee interests while providing clarity and finality to the employment relationship.

What sections should be included in a Work Release Form?

1. Parties: Identification of the employer and employee, including full legal names and relevant contact details

2. Background: Brief context explaining the employment relationship and the purpose of the release

3. Definitions: Key terms used in the document, including 'Released Claims', 'Effective Date', and any other relevant terminology

4. Consideration: Details of any payment or benefit being provided in exchange for the release

5. Scope of Release: Specific description of what claims, rights, or obligations are being released

6. Exceptions to Release: Claims or rights that cannot be released under Hong Kong law

7. Employee Acknowledgments: Employee's confirmation of understanding and voluntary acceptance of the release

8. Non-Admission: Statement that the release does not constitute admission of liability by either party

9. Governing Law: Specification that Hong Kong law governs the agreement

10. Signature Block: Space for parties to sign, date, and have witnesses authenticate the document

What sections are optional to include in a Work Release Form?

1. Confidentiality: Additional confidentiality obligations regarding the terms of the release and separation

2. Return of Property: Requirements for returning company property, if applicable

3. Future Cooperation: Terms regarding potential future assistance in investigations or litigation

4. Non-Disparagement: Mutual or one-way agreement not to make negative statements about the other party

5. Reference: Terms regarding future employment references

6. Surviving Obligations: List of any existing obligations that survive the release

7. Revocation Period: If applicable, period during which the employee can revoke the agreement

What schedules should be included in a Work Release Form?

1. Schedule 1 - Payment Details: Detailed breakdown of any settlement or final payment amounts

2. Schedule 2 - Company Property: List of company property to be returned, if applicable

3. Schedule 3 - Continuing Obligations: List of any specific obligations that continue after the release

4. Appendix A - Certificate of Independent Legal Advice: If applicable, confirmation that the employee received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions






















Clauses






















Relevant Industries

Financial Services

Professional Services

Technology

Manufacturing

Retail

Healthcare

Education

Construction

Hospitality

Transportation

Real Estate

Media and Entertainment

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Employee Relations

People Operations

Senior Management

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employment Lawyer

HR Business Partner

Compliance Officer

Risk Manager

Operations Manager

Chief Human Resources Officer

People Operations Manager

Employee Relations Manager

HR Administrator

Chief Legal Officer

General Counsel

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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