Employee Liability Waiver for Hong Kong

Employee Liability Waiver Template for Hong Kong

A Hong Kong-governed Employee Liability Waiver document that establishes the terms under which an employee agrees to waive certain rights to bring claims against their employer, subject to the limitations imposed by Hong Kong law. The document complies with the Employment Ordinance, Employees' Compensation Ordinance, and other relevant Hong Kong legislation, while carefully preserving all statutory rights that cannot be waived under local law. It includes specific provisions for risk acknowledgment, consideration, and clearly defined scope of the waiver, ensuring enforceability within Hong Kong's legal framework while maintaining appropriate protections for both employer and employee.

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What is a Employee Liability Waiver?

The Employee Liability Waiver is designed for use in employment relationships governed by Hong Kong law where employers seek to manage potential liability risks while maintaining compliance with local regulations. This document is particularly relevant when employees engage in activities that may carry inherent risks, or when companies need to clearly define the boundaries of their liability exposure. The waiver must be carefully drafted to ensure it doesn't contravene Hong Kong's mandatory employment protections, particularly those under the Employment Ordinance and Employees' Compensation Ordinance. It should be implemented alongside proper insurance coverage and risk management procedures, and typically includes detailed acknowledgments of specific risks, scope of the waiver, and explicit preservation of statutory rights.

What sections should be included in a Employee Liability Waiver?

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

2. Background: Establishes the context of the employment relationship and the purpose of the waiver

3. Definitions: Defines key terms used throughout the waiver, including 'Claims', 'Liability', 'Workplace', and other relevant terms

4. Scope of Waiver: Details the specific types of claims and liabilities being waived, with clear boundaries and exclusions as required by Hong Kong law

5. Statutory Compliance: Explicitly acknowledges that the waiver does not affect mandatory statutory rights and obligations under Hong Kong law

6. Consideration: States the consideration provided in exchange for the waiver to ensure contractual validity

7. Duration: Specifies the time period during which the waiver remains effective

8. Severability: Ensures that if any provision is found invalid, the remainder of the waiver remains effective

9. Governing Law: Confirms that Hong Kong law governs the waiver and its interpretation

What sections are optional to include in a Employee Liability Waiver?

1. Specific Risk Acknowledgment: Used when the employment involves specific known risks that should be explicitly acknowledged

2. Insurance Coverage: Include when specifying the relationship between the waiver and existing insurance policies

3. Dispute Resolution: Optional section detailing mediation or arbitration procedures for resolving disputes

4. Third Party Rights: Include when there's a need to explicitly address or exclude rights of third parties under the Contracts (Rights of Third Parties) Ordinance

5. Amendments: Include when there's a need to specify the process for modifying the waiver terms

6. Language Declaration: Include when the employee's primary language is not English, confirming they understand the contents

What schedules should be included in a Employee Liability Waiver?

1. Schedule 1 - Specific Excluded Claims: Detailed list of claims and liabilities specifically excluded from the waiver

2. Schedule 2 - Specific Activities Covered: Detailed description of workplace activities and locations covered by the waiver

3. Schedule 3 - Existing Policies: List of relevant insurance policies and workplace safety procedures

4. Appendix A - Risk Assessment: Workplace risk assessment documentation referenced in the waiver

5. Appendix B - Employee Acknowledgment Form: Separate signature page confirming employee understanding and acceptance of waiver terms

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

Liability Waiver

Cost

Free to use
Relevant Industries

Construction

Manufacturing

Logistics and Warehousing

Healthcare

Sports and Recreation

Security Services

Facilities Management

Research and Development

Mining and Resources

Transportation

Entertainment and Events

Education and Training

Relevant Teams

Human Resources

Legal

Risk Management

Compliance

Operations

Health and Safety

Training and Development

Facilities Management

Project Management

Employee Relations

Insurance

Corporate Secretariat

Relevant Roles

Human Resources Director

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Safety Officer

Training Coordinator

Facility Manager

Project Manager

Site Supervisor

Department Head

Employee Relations Manager

Insurance Coordinator

Corporate Secretary

General 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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