At Will Employment Agreement for Hong Kong

At Will Employment Agreement Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law that establishes the terms and conditions of employment between an employer and employee. While styled as an 'at-will' agreement, it incorporates Hong Kong's mandatory employment protections, notice periods, and statutory benefits as required by the Employment Ordinance (Cap. 57). The agreement covers essential employment terms including position, duties, compensation, benefits, leave entitlements, termination provisions, and confidentiality obligations, while ensuring compliance with Hong Kong's labor laws and regulations.

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What is a At Will Employment Agreement?

This At Will Employment Agreement template is designed for use in Hong Kong employment relationships, providing a structured framework for documenting the employment terms between companies and their employees. While the concept of "at-will" employment (common in jurisdictions like the United States) is not recognized in Hong Kong, this agreement adapts the flexibility of the at-will concept while ensuring compliance with Hong Kong's mandatory employment protections, including statutory notice periods, severance requirements, and employee benefits. The document is particularly useful for companies establishing new employment relationships or updating existing employment terms, and includes provisions for salary, benefits, work duties, confidentiality, and termination conditions, all aligned with the Employment Ordinance and related Hong Kong employment legislation.

What sections should be included in a At Will Employment Agreement?

1. Parties: Identifies the employer and employee with their full legal names and addresses

2. Background: Brief context about the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Term: Details of the position, commencement date, and employment terms

5. Duties and Responsibilities: Description of the employee's role, responsibilities, and reporting structure

6. Place of Work: Primary work location and any flexibility arrangements

7. Hours of Work: Standard working hours, overtime policies, and rest day arrangements

8. Compensation: Base salary, payment frequency, and method of payment

9. Benefits: Statutory and additional benefits including MPF, medical insurance, and others

10. Leave Entitlements: Annual leave, sick leave, and other types of leave as per Hong Kong law

11. Termination: Notice periods, grounds for termination, and payment in lieu of notice

12. Confidentiality: Obligations regarding company confidential information

13. Data Privacy: Handling of personal data in accordance with PDPO

14. Governing Law: Specification of Hong Kong law as governing law

15. Entire Agreement: Standard entire agreement clause

What sections are optional to include in a At Will Employment Agreement?

1. Probation Period: Details of probationary period if applicable, typically used for new employees

2. Bonus and Commission: Include if the role includes variable compensation components

3. Non-Competition: Post-employment restrictions, only if reasonable and necessary for business protection

4. Intellectual Property: IP assignment provisions, particularly important for creative or technical roles

5. Remote Work: Include if employee has option to work remotely

6. Travel Requirements: Include if position requires regular travel

7. Stock Options: Include if employee is eligible for equity compensation

8. Training Requirements: Include if specific training or qualifications are required

9. Language Requirements: Include if specific language skills are required for the role

What schedules should be included in a At Will Employment Agreement?

1. Schedule 1 - Job Description: Detailed description of the role and responsibilities

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Statutory Benefits: Summary of statutory benefits under Hong Kong law

5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

6. Appendix B - IT and Communications Policy: Rules regarding use of company IT systems and communications

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Retail

Healthcare

Education

Construction

Hospitality

Media and Entertainment

Real Estate

Logistics

Telecommunications

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Administration

Product Development

Quality Assurance

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Director

Manager

Senior Manager

Associate

Analyst

Engineer

Developer

Administrator

Coordinator

Specialist

Consultant

Officer

Executive

Assistant

Supervisor

Team Lead

Project Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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