Document background
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.
