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Non Confirmation Of Probation Letter Template for Hong Kong

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Non Confirmation Of Probation Letter

I need a Non Confirmation of Probation Letter for a junior software developer who hasn't met performance expectations, with the last working day to be March 15, 2025, including clauses about returning company laptop and security passes.

Document background
The Non Confirmation of Probation Letter is a crucial document in Hong Kong's employment landscape, used when an employer determines that an employee has not met the requirements for confirmation of permanent employment during or at the end of their probationary period. This document must comply with Hong Kong's Employment Ordinance (Cap. 57) and consider various anti-discrimination ordinances. It typically follows a performance review or assessment process and precedes the termination of employment. The letter should be issued with sufficient notice as per the employment contract or statutory requirements, clearly stating the decision, last working day, and any relevant administrative matters such as final payment arrangements and company property return procedures. This document is particularly important as it helps protect both employer and employee interests by formally documenting the non-confirmation decision and related terms.
Suggested Sections

1. Letter Header: Company letterhead, date, and employee's details including name and address

2. Reference Line: Reference to employment contract and probation period

3. Decision Statement: Clear statement that the employee has not passed probation

4. Notice Period: Information about the notice period or payment in lieu of notice

5. Last Day of Employment: Clear statement of when employment will end

6. Acknowledgment: Space for employee signature to acknowledge receipt

7. Authorized Signatory: Signature block for authorized company representative

Optional Sections

1. Reason for Non-Confirmation: Brief explanation of why probation was not passed - include only if legally safe and company policy allows

2. Final Payment Details: Breakdown of final salary, unused annual leave, and other entitlements - include if these details are finalized

3. Company Property: List of company property to be returned - include if employee has company assets

4. Confidentiality Reminder: Reminder of ongoing confidentiality obligations - include if employee had access to sensitive information

5. Reference Policy: Statement about company's policy on providing references - include if company has specific policy

Suggested Schedules

1. Final Payment Calculation: Detailed breakdown of all final payments including salary, leave, and any other entitlements

2. Company Property Checklist: List of company property to be returned with current status

3. Exit Procedure Checklist: Checklist of tasks to be completed before last day

Authors

Alex Denne

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

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