Intercompany Assignment Agreement for Hong Kong

Intercompany Assignment Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that facilitates the temporary assignment of an employee from one company (home company) to another related company (host company). The document outlines the terms and conditions of the assignment, including duration, roles and responsibilities, compensation and benefits, tax implications, and the ongoing employment relationship. It ensures compliance with Hong Kong employment, immigration, and data protection laws while protecting the interests of all parties involved. The agreement addresses crucial aspects such as visa requirements, reporting relationships, and repatriation terms.

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What is a Intercompany Assignment Agreement?

The Intercompany Assignment Agreement is essential for organizations operating multiple entities or having international operations where employees need to be temporarily assigned between related companies. This document is particularly relevant in Hong Kong, a major global business hub where cross-company assignments are common. It serves as a crucial legal framework that defines the assignment terms while ensuring compliance with Hong Kong's employment, immigration, and tax laws. The agreement covers essential elements including employment status, compensation structures, benefits continuation, tax equalization, visa requirements, and repatriation terms. It's designed to protect both the companies and the employee by clearly defining responsibilities, maintaining employment continuity, and addressing potential challenges that may arise during the assignment period.

What sections should be included in a Intercompany Assignment Agreement?

1. Parties: Identifies the home company, host company, and the employee being assigned

2. Background: Explains the context of the assignment and the existing employment relationship

3. Definitions: Defines key terms used throughout the agreement

4. Term of Assignment: Specifies the duration of the assignment, including start and end dates

5. Role and Duties: Details the position, responsibilities, and reporting relationships during the assignment

6. Employment Status: Clarifies the continued employment relationship with the home company and relationship with host company

7. Compensation and Benefits: Outlines salary, benefits, allowances, and which company is responsible for each

8. Tax and Social Security: Addresses tax equalization, social security contributions, and related obligations

9. Working Hours and Leave: Specifies working hours, holiday entitlement, and leave policies

10. Immigration: Sets out visa/work permit requirements and responsibilities

11. Confidentiality: Protects confidential information of both companies

12. Data Protection: Addresses handling of personal data in compliance with privacy laws

13. Termination: Details circumstances and procedures for early termination

14. Return to Home Company: Specifies terms for repatriation and role upon return

15. Governing Law: Establishes Hong Kong law as governing law

16. Entire Agreement: Standard boilerplate confirming this is the complete agreement

17. Execution: Signature blocks for all parties

What sections are optional to include in a Intercompany Assignment Agreement?

1. Mobility Clause: Required if the assignment may involve travel to multiple locations

2. Intellectual Property: Include if employee will be involved in creating IP during assignment

3. Non-Competition: Add if there are specific competitive concerns during or post-assignment

4. Spouse/Partner Support: Include if providing support for relocating family members

5. Emergency Procedures: Required for assignments to high-risk locations

6. Split Payroll Arrangements: Include if salary will be paid partly by each company

7. Performance Management: Add if specific performance review procedures are needed between companies

8. Training Requirements: Include if specific training is required in host location

What schedules should be included in a Intercompany Assignment Agreement?

1. Schedule 1 - Assignment Details: Detailed terms of assignment including duration, location, and role

2. Schedule 2 - Compensation and Benefits Package: Detailed breakdown of salary, allowances, and benefits

3. Schedule 3 - Tax Equalization Policy: Details of tax equalization calculations and procedures

4. Schedule 4 - Relocation Package: Details of relocation support and allowances

5. Schedule 5 - Company Policies: Key policies of both companies applicable during assignment

6. Appendix A - Required Documentation: List of required immigration and employment documents

7. Appendix B - Emergency Contacts: List of key contacts in both home and host locations

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

Confirmation Letter

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Retail

Telecommunications

Energy

Healthcare

Construction

Mining

Education

Hospitality

Logistics

Pharmaceuticals

Consumer Goods

Relevant Teams

Human Resources

Legal

Global Mobility

Tax

Finance

Compliance

Immigration

Employee Relations

Compensation & Benefits

Talent Management

Relevant Roles

HR Director

Global Mobility Manager

Legal Counsel

HR Business Partner

Talent Management Director

Compensation & Benefits Manager

International Assignment Specialist

Employment Law Attorney

Chief Human Resources Officer

Regional HR Manager

Immigration Specialist

Tax Manager

Recruitment Manager

Employee Relations Manager

Operations Director

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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