The Constructive Dismissal Letter is a critical document in Hong Kong employment law contexts where an employee is forced to resign due to the employer's conduct or breach of the employment contract. It should be used when an employer's actions or behavior have made the continuation of employment impossible or intolerable. The document must detail specific incidents, communications, and changes in employment conditions that constitute a fundamental breach of the employment contract. Under Hong Kong law, while constructive dismissal is not explicitly defined in statute, it is recognized through case law and must be substantiated with clear evidence. The letter serves as both a formal notification to the employer and a crucial piece of evidence if the matter proceeds to the Labour Tribunal or courts. It should be drafted with careful consideration of the Employment Ordinance (Cap. 57) and related employment legislation in Hong Kong.
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1. Employee Information and Job Details: Employee's name, position, employee ID, department, and length of service
2. Employment History Summary: Brief overview of employment history, including start date, promotions, and key achievements
3. Circumstances Leading to Constructive Dismissal: Detailed chronological account of events, actions, or changes that made continued employment untenable
4. Employer's Breaches: Specific violations of employment contract or legal obligations by the employer
5. Previous Attempts at Resolution: Documentation of attempts to resolve issues through internal channels
6. Notice of Resignation: Formal statement of resignation due to employer's conduct
7. Legal Rights Reservation: Statement reserving right to pursue legal remedies
1. Health Impact Statement: Include when the employer's actions have affected employee's physical or mental health
2. Discrimination Claims: Include when constructive dismissal involves discriminatory treatment
3. Workplace Safety Issues: Include when safety violations contributed to the constructive dismissal
4. Salary and Benefits Changes: Include when unilateral changes to compensation formed part of the constructive dismissal
5. Witness Statements: Include when there are witnesses to key incidents or behaviors
6. Previous Formal Complaints: Include when formal complaints were filed before resignation
1. Employment Contract: Copy of the original employment contract and any amendments
2. Communication Records: Relevant emails, letters, or other communications with employer regarding issues
3. Performance Reviews: Recent performance evaluations showing employee's standing
4. Medical Reports: Any medical evidence supporting health-related claims
5. Internal Complaints: Copies of previous internal complaints and employer responses
6. Supporting Evidence: Any additional documentation supporting the constructive dismissal claim
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