Employee Lease Agreement for Hong Kong

Employee Lease Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes and regulates the temporary assignment of an employee from their original employer to a host company. The agreement addresses the complex three-way relationship between the original employer, host company, and employee, detailing responsibilities, rights, and obligations of all parties. It covers essential aspects including employment status, compensation, benefits, working conditions, supervision, confidentiality, and termination provisions, while ensuring compliance with Hong Kong employment legislation and maintaining clear lines of responsibility and liability.

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What is a Employee Lease Agreement?

The Employee Lease Agreement (also known as a Secondment Agreement) is essential for organizations in Hong Kong seeking to temporarily transfer employees between companies while maintaining the original employment relationship. This arrangement is commonly used for project-specific assignments, knowledge transfer, skill development, or resource sharing between group companies or business partners. The agreement ensures compliance with Hong Kong employment laws while clearly defining the rights, obligations, and responsibilities of all parties involved. It addresses crucial aspects such as employment status, compensation, benefits, supervision, and liability allocation between the original employer and host company. This document is particularly important in protecting all parties' interests and preventing disputes by establishing clear parameters for the secondment arrangement.

What sections should be included in a Employee Lease Agreement?

1. Parties: Identifies the three parties: original employer, host company, and employee

2. Background: Explains the context and purpose of the secondment arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Term and Duration: Specifies the start date, duration, and any extension provisions of the secondment

5. Scope of Duties: Details the employee's role, responsibilities, and reporting relationships at the host company

6. Employment Status: Confirms continued employment with original employer and relationship with host company

7. Compensation and Benefits: Outlines salary, benefits continuation, and which party is responsible for each component

8. Working Hours and Leave: Specifies working arrangements and leave entitlements during secondment

9. Costs and Expenses: Details the allocation of costs between original employer and host company

10. Supervision and Performance Management: Establishes how the employee will be managed and evaluated

11. Confidentiality and Data Protection: Sets out obligations regarding confidential information and personal data

12. Intellectual Property: Addresses ownership of IP created during the secondment

13. Termination: Details circumstances and procedures for ending the secondment

14. Return to Original Employment: Specifies arrangements for employee's return to original employer

15. Governing Law and Jurisdiction: Confirms Hong Kong law applies and jurisdiction for disputes

What sections are optional to include in a Employee Lease Agreement?

1. Immigration Requirements: Required if the seconded employee needs work visa or immigration support

2. International Travel: Include if the role requires business travel outside Hong Kong

3. Housing and Relocation: Required if the secondment includes relocation or housing benefits

4. Non-Competition: Include if there are specific non-compete requirements during/after secondment

5. Tax Equalization: Include if there are tax implications requiring equalization between jurisdictions

6. Training and Development: Include if specific training or development programs are part of secondment

7. Insurance Coverage: Required if special insurance arrangements are needed beyond standard coverage

What schedules should be included in a Employee Lease Agreement?

1. Schedule 1 - Original Employment Terms: Summary of key terms from original employment contract that remain in effect

2. Schedule 2 - Secondment Terms: Detailed terms specific to the secondment including role description and reporting lines

3. Schedule 3 - Compensation and Benefits Structure: Detailed breakdown of salary, benefits, and which party is responsible for each

4. Schedule 4 - Cost Allocation: Detailed breakdown of how costs are shared between original employer and host company

5. Appendix A - Relevant Company Policies: Key policies of both companies that apply during secondment

6. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix C - Required Forms and Documents: Templates or forms needed for secondment administration

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

Service Agreement

Cost

Free to use
Clauses
Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Construction

Healthcare

Education

Telecommunications

Energy

Consulting

Infrastructure

Real Estate

Banking

Insurance

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Information Technology

Project Management Office

Research and Development

Training and Development

Risk Management

Corporate Services

Relevant Roles

Human Resources Director

Legal Counsel

HR Manager

Compliance Officer

Project Manager

Technical Specialist

Department Head

Senior Engineer

Management Consultant

Financial Controller

Operations Manager

IT Director

Business Development Manager

Research Scientist

Training Specialist

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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