Expat Employment Contract Template for Hong Kong

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Key Requirements PROMPT example:

Expat Employment Contract

"I need an Expat Employment Contract for a senior software engineer being relocated from our Silicon Valley office to Hong Kong starting March 2025, including provisions for housing allowance, annual home travel, and education support for two school-age children."

Document background
This Expat Employment Contract template is designed for companies operating in Hong Kong who are hiring employees from overseas. It is particularly useful when engaging foreign professionals who require visa sponsorship and comprehensive expatriate benefits packages. The contract ensures compliance with Hong Kong employment legislation, including the Employment Ordinance (Cap. 57) and Immigration Ordinance (Cap. 115), while incorporating international best practices for expatriate arrangements. This document should be used when hiring foreign employees who will be based in Hong Kong, whether on a fixed-term or permanent basis, and includes provisions for relocation, housing, medical benefits, education allowances, and tax equalization where applicable.
Suggested Sections

1. Parties: Identification of the employer and employee, including their full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Position title, employment status, commencement date, and contract duration

5. Duties and Responsibilities: Main responsibilities, reporting lines, and work location

6. Hours of Work: Standard working hours, flexibility requirements, and overtime arrangements

7. Probation Period: Length of probation and conditions for confirmation

8. Remuneration: Base salary, payment frequency, currency, and method of payment

9. Benefits: Standard benefits including medical insurance, travel allowance, and housing allowance

10. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements

11. Visa and Immigration: Company's responsibility for visa sponsorship and conditions

12. Relocation: Relocation assistance and repatriation terms

13. Confidentiality: Protection of company confidential information

14. Intellectual Property: Ownership of work product and innovations

15. Data Protection: Handling of personal data under Hong Kong's PDPO

16. Termination: Notice periods and grounds for termination

17. Post-Termination Obligations: Return of company property and ongoing confidentiality obligations

18. Governing Law: Hong Kong law as governing law and jurisdiction

Optional Sections

1. Bonus and Incentives: Details of discretionary bonuses, performance incentives, or commission structures - include for sales or senior roles

2. Equity Participation: Share options or other equity-based compensation - relevant for senior executives

3. Non-Competition: Post-employment restrictions on working for competitors - typically for senior roles

4. Non-Solicitation: Restrictions on soliciting employees or customers - for client-facing roles

5. International Tax Equalization: Tax equalization policy for cross-border income - for senior expatriates

6. Education Benefits: Schooling allowance for dependent children - common for family relocations

7. Flexible Working: Remote working or flexible arrangements - based on company policy

8. Emergency Evacuation: Procedures for political or medical emergencies - for high-risk locations

9. Secondment Terms: Terms specific to temporary assignments - for inter-company transfers

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Breakdown of salary components, allowances, and payment structures

3. Schedule 3 - Benefits Summary: Comprehensive list of benefits and eligibility conditions

4. Schedule 4 - Relocation Package: Detailed relocation benefits and logistics support

5. Schedule 5 - Company Policies: Key company policies applicable to the employment

6. Appendix A - Tax Equalization Policy: Detailed policy on international tax arrangements

7. Appendix B - Housing Policy: Housing allowance terms and conditions

8. Appendix C - Education Support: Details of education assistance for dependents

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Education

Retail

Healthcare

Construction

Telecommunications

Logistics

Consulting

Real Estate

Energy

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Executive Management

Product Development

Business Development

Corporate Strategy

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Regional Director

Country Manager

Senior Software Engineer

Project Manager

Financial Controller

Technical Director

Sales Director

Operations Manager

Research Scientist

Professor

Senior Consultant

Investment Banker

Legal Counsel

Head of Marketing

Chief Technology Officer

Regional Sales Manager

Principal Architect

Senior Business Analyst

Industries
Employment Ordinance (Cap. 57): Primary legislation governing employment relationships in Hong Kong, covering basic employment conditions, wage protection, rest days, holidays, leave entitlements, termination requirements, and severance payments
Immigration Ordinance (Cap. 115): Regulates the entry, stay, and employment of non-Hong Kong residents, including visa requirements and conditions for employment visas
Personal Data (Privacy) Ordinance (Cap. 486): Governs the collection, handling, and use of personal data, relevant for employee information management
Mandatory Provident Fund Schemes Ordinance (Cap. 485): Establishes the mandatory retirement benefit system, though expatriates may be exempt under certain conditions
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on sex, marital status, and pregnancy in employment
Race Discrimination Ordinance (Cap. 602): Prevents discrimination based on race in various contexts including employment
Disability Discrimination Ordinance (Cap. 487): Protects against discrimination based on disability in employment
Minimum Wage Ordinance (Cap. 608): Sets the statutory minimum wage, though typically less relevant for expatriate contracts which usually exceed these minimums
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Affects how third parties may enforce terms of a contract, relevant for benefits extending to family members
Employees' Compensation Ordinance (Cap. 282): Establishes the framework for work-related injury compensation and required insurance coverage
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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