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Learn more about Employment Certificate in Hong Kong

An Employment Certificate in Hong Kong is a formal document issued by an employer that confirms an employee’s position, period of employment, and main duties. It acts as proof of employment and is often required for various purposes, such as applying for a new job, securing a visa, or obtaining a loan. The certificate helps verify the professional background of the employee and supports their career development. According to the Employment Ordinance (Cap. 57), an employee has the right to request this certificate upon resignation or termination. Once requested, the employer is legally obliged to issue it within seven days. Failing to do so can result in complaints filed with the Hong Kong Labour Department. This certificate plays a key role in maintaining transparency and professionalism between both parties. It also demonstrates the employer’s compliance with labor regulations. Employers are advised to keep accurate records to prepare such certificates efficiently.

Table of contents


What is an Employment Certificate in Hong Kong?

It is also important that the certificate is printed on the company’s letterhead and that it is signed by an authorised representative of the company such as the Human Resource department or the immediate supervisor of the employee. The certificate should also be written in English or in the official language of the company. The information provided in the certificate should be accurate and up-to-date to avoid any confusion or legal issues in the future.

What is included in this Employment Certificate?

An Employment Certificate typically includes several key pieces of information that confirm the employment details. These are outlined below:

Employer Details: The certificate will confirm the employer’s registered company name and business registration number in Hong Kong. This ensures the legitimacy of the issuing entity.
Employee Details: The full name of the employee for whom the certificate is issued is included to avoid confusion with other employees.
Position: The certificate will specify the employee’s job title and indicate whether the employment was full-time or part-time. This provides clarity regarding the role the employee held during their tenure.
Duration of Employment: The certificate will indicate the start date of employment and, where applicable, the end date, which is especially important if the employment has been terminated. This helps to establish the length of service for the employee.
Salary: The certificate will state the employee’s monthly salary in Hong Kong dollars (HKD), as recorded by the employer. Salary details provide an important reference for future employers or financial institutions when assessing the employee's earning history.
Allowances and Benefits: If applicable, the certificate will list any additional allowances such as housing, transport, or meal allowances. This gives a complete picture of the total compensation package.
Purpose of the Certificate: The certificate will clarify that it is issued upon the employee’s request for official use, such as for applying for new employment, immigration purposes, or financial verification.
Authorized Signature: The certificate must be signed by the employer’s authorized representative, ensuring that it is officially recognized and valid.
Issuance Date: The date the certificate is issued is also specified, ensuring that it reflects the most up-to-date information regarding the employee’s service.

Is an employer legally required to issue an Employment Certificate?

1. Employer's Obligation to Issue Employment Certificates

In Hong Kong, employers are legally required to issue an Employment Certificate when an employee requests one. This certificate must include details such as the employee’s position, the period of employment, and any other relevant information about the employee’s work history. The Employment Ordinance mandates that employers provide this certificate after the termination of the employment contract, and failure to do so may lead to disputes. However, employers must ensure that the certificate contains accurate and truthful information to avoid potential legal issues.

2. Accuracy and Legal Considerations

It is essential that the information in an Employment Certificate is accurate and truthful, avoiding any misleading details that could affect future employers or other parties. Employers are not obligated to include reasons for termination or evaluations of the employee’s performance unless the employee specifically requests it. The certificate should focus solely on factual information such as job title, employment period, and duties. This ensures transparency and protects both the employer and employee. Providing a clear and objective certificate helps maintain professionalism and trust in employment records. For more details, please refer to Hong Kong’s Labour Department.

How long is an Employment Certificate valid for?

1. Validity of an Employment Certificate

An Employment Certificate does not have a specific expiration date, as it serves to confirm the factual details of an employee’s work history, such as the duration of employment, position, and salary. The certificate remains valid indefinitely unless there are significant changes to the employee’s job history, such as a salary increase, change in position, or termination of employment. However, when used for purposes like job applications or references, employers may request that the certificate be issued within the last six months to ensure that the information is current and relevant.

1. Practical Use and Considerations

The Employment Certificate’s validity depends on the context in which it is used. For example, when applying for new positions, employers may prefer a certificate that was issued recently, typically within six months, to verify the employee’s most recent work experience. If an employee has had a recent promotion or change in salary, a more updated certificate may be required to reflect those changes. While the certificate itself does not expire, its practical usefulness may decrease over time if the employee’s job history or responsibilities have changed.

What is the difference between a Certificate and a Reference Letter?

An Employment Certificate and a Reference Letter serve different purposes, even though they may share some similarities.

Employment Certificate: This document serves as an official record of the employee’s employment details, such as their job title, duration of service, salary, and any allowances. It is factual and does not include any subjective opinions about the employee’s performance.
Reference Letter: This is a more subjective document that typically includes the employer’s evaluation of the employee's performance, skills, and character. Reference letters are often used when applying for new jobs or professional opportunities, as they provide a more personal and detailed endorsement of the employee’s abilities.

Can an employer refuse to provide an Employment Certificate?

1. Employer’s Obligation to Provide Employment Certificate

In Hong Kong, employers are legally obligated to provide an Employment Certificate when requested by an employee. This right is guaranteed under the Employment Ordinance, ensuring that employees can access this document after the termination of their employment. The certificate must outline key details such as the employee’s job title, employment duration, and other relevant information. Failure to provide the certificate could lead to legal consequences for the employer, including potential claims for non-compliance. Therefore, employers should ensure they follow this requirement carefully to avoid disputes. For more details, refer to the Hong Kong Employment Ordinance.

2. Exception for Serious Misconduct or Voluntary Resignation

If an employee is terminated for serious misconduct, the employer can issue an Employment Certificate that only confirms the period of employment, without including further details like salary or job responsibilities. In contrast, for employees who voluntarily resign, the employer is still required to provide a comprehensive certificate that includes all pertinent details, including salary and job functions. This ensures fairness and compliance with legal standards, protecting both the employee’s rights and the employer’s obligations.

Does an Employment Certificate need to include salary details?

1. Importance of Salary Details in Employment Certificates

Yes, an Employment Certificate must include the employee’s salary details as recorded in the employer’s official records. This information is essential for future employers or financial institutions to verify the employee’s earning history. Including salary details ensures that the certificate meets the necessary requirements for visa processing or financial verification. By providing this key information, the certificate serves as a reliable source of verification for various official purposes, such as securing loans or new employment opportunities. However, employers should be cautious and include only relevant details to maintain privacy and confidentiality.

2. Maintaining Confidentiality in Employment Certificates

Although salary information is required, it is crucial to avoid disclosing excessive or unrelated personal data in the Employment Certificate. The document should remain focused on the specific details required for verification purposes and exclude any sensitive or extraneous information. Employers should take care not to include personal notes or non-essential details that could compromise the employee’s privacy.

Can it be used as proof of work experience for a new job?

An Employment Certificate can be a crucial document when applying for a new job, as it serves as official proof of an employee’s work history. This certificate typically includes details such as job title, duties, and employment duration, which help verify the employee’s professional background and experience. Below is a breakdown of its value and usage:

Proof of Work Experience: The Employment Certificate verifies an employee’s job title, duties, and employment duration, providing potential employers with a confirmed work history.
Substantiating Claims: It helps substantiate the employee's claims about their qualifications and professional experience, offering employers confidence in the information provided.
Transitioning to New Roles: For employees changing roles or industries, the Employment Certificate serves as a valuable tool to demonstrate qualifications and work experience to potential employers.
Key Information Included: The document typically includes the job title, dates of employment, responsibilities, and possibly a brief performance summary (if applicable).

Can an Employment Certificate be used for visa applications?

1. Importance of Employment Certificates for Visa Applications

An Employment Certificate is a crucial document when applying for a visa in Hong Kong, particularly for foreign workers. It provides detailed information about the applicant’s employment history, job responsibilities, and salary, which are used to evaluate eligibility for work or dependent visas. The certificate ensures that the authorities have accurate and reliable data regarding the applicant’s legal employment status in Hong Kong. This document is essential not only for work visa applications but also for immigration-related processes, including permanent residency.

2. Accuracy and Compliance in Employment Certificates

When applying for a visa in Hong Kong, the Employment Certificate must be drafted carefully to avoid discrepancies. The certificate needs to accurately reflect the employee’s position, responsibilities, and compensation, as these details play a significant role in the visa approval process. Any mistakes or inconsistencies may lead to delays or denials in visa applications. It is important for both employers and employees to ensure that the Employment Certificate complies with the Hong Kong Immigration Department’s requirements. For further details, visit the Hong Kong Immigration Department.

Conclusion

An Employment Certificate is a critical document in Hong Kong’s labor market. It confirms the details of an employee’s tenure with an employer and can be used for various purposes, including job applications, visa processing, and financial transactions. Employers must issue this certificate upon the employee’s request, ensuring that it accurately reflects the employee’s work history. By including all necessary information, such as job title, salary, duration of employment, and benefits, employers help ensure that the certificate is useful for the employee’s future career prospects and complies with Hong Kong’s labor laws.For businesses looking to comply with Hong Kong’s regulations, using an expert-drafted Employment Certificate template can simplify the process and help avoid potential legal issues.

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