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A Hong Kong employment contract should be read before the first day of work, not only after a resignation or dismissal. The clauses that cause the most trouble are often short: probation, notice, payment in lieu of notice, final wages, commission, restrictive wording, and whether the arrangement is truly employment rather than an independent contractor label. The official source family for this guide is the Labour Department's Concise Guide to the Employment Ordinance, the Labour Department's FAQ material on termination and probation issues, and the Employment Ordinance text on e-Legislation.
Who this is for
This checklist is for employees, job changers, and employers reviewing a Hong Kong contract before signing or before ending employment. It is useful for local staff, expats, bilingual teams, and workers who have only an offer letter, WhatsApp messages, or payroll records. It is not a substitute for advice in discrimination, injury, immigration, insolvency, criminal, or highly contested executive-compensation disputes.
Start with the basic employment facts
Before reading the legal wording, collect the simple facts: employer legal name, work location, job title, start date, salary, wage period, pay date, working hours, rest day arrangement, leave, commission or bonus terms, probation length, notice period, and who signs for the employer. If the contract name does not match the company paying wages, make a note. If the worker is called a contractor but follows rosters, reports to managers, uses company tools, and receives regular pay, do not assume the label answers the status question.
Useful Traditional Chinese labels include 僱傭合約 for employment contract, 試用期 for probation period, 通知期 for notice period, 代通知金 for payment in lieu of notice, 解僱 for dismissal, 離職 for resignation, 工資 for wages, and 佣金 for commission.
Check the probation clause
A probation clause should say when probation starts, when it ends, whether it can be extended, and what notice applies during probation. Do not read probation as meaning the employer can ignore all payment, wage, or record obligations. Also check whether the contract separates the first month of probation from the rest of the probation period, and whether the wording changes after confirmation. If the employer says you failed probation, ask for the effective date, final pay calculation, and any property return steps in writing.
Check notice and payment in lieu
Notice clauses matter on both resignation and termination. Identify the ordinary notice period after probation, the probation notice period, whether payment in lieu is allowed, and how the payment is calculated. Check whether the clause tries to deduct training fees, recruitment fees, housing costs, or other amounts from final wages. Some deductions or set-offs may need careful review, so keep the wording separate from the wage calculation rather than treating every clause as automatically enforceable.
Final payment and evidence
Create a final-payment table before the last day. Include salary to the termination date, unpaid wages, commission already earned, annual leave pay if relevant, payment in lieu of notice, reimbursement, deductions claimed by the employer, and property returned. Save payslips, bank deposits, rosters, attendance records, commission plans, offer letters, emails, HR messages, and resignation or dismissal notices. A clean table is easier to review than a long emotional timeline.
Ask for clarification before signing
If the contract is vague, ask short questions in writing. For example:
你好，[HR/負責人姓名]：本人正在核對僱傭合約。請確認試用期為[日期]至[日期]、試用期內及確認後的通知期、代通知金計算方法、工資發放日期，以及佣金/花紅的計算及支付條件。謝謝。[姓名]
For an English version, write: I am reviewing the employment contract. Please confirm the probation period, notice period during and after probation, payment in lieu calculation, salary payment date, and how commission or bonus will be calculated and paid.
Common mistakes
Do not sign without the employer's legal name. Do not rely only on a verbal promise that probation is casual. Do not accept a final-payment figure without a breakdown. Do not delete work chats after leaving. Do not mix performance arguments with wage calculations unless both are relevant. Do not assume a contract clause is safe because it appears in a template.
Where Unwildered fits
Upload the offer letter, contract, payslips, rosters, commission documents, HR messages, resignation or termination notice, and final-payment table. Unwildered can help organise the contract into probation, notice, payment, and evidence questions before you use Labour Department materials, negotiate, or seek advice.
Sources
Labour Department
Labour Tribunal
Hong Kong e-Legislation: Employment Ordinance
This article is general information, not legal, financial, medical or tax advice.
