International Employment Contract for Hong Kong

International Employment Contract Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law, designed for engaging international employees in Hong Kong-based positions. This contract ensures compliance with Hong Kong employment legislation while addressing cross-border employment considerations such as visa requirements, tax implications, and international benefits. The document incorporates mandatory provisions under the Hong Kong Employment Ordinance and related regulations, while also covering specific aspects of international employment such as relocation assistance, housing allowances, and repatriation terms.

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What is a International Employment Contract?

The International Employment Contract serves as a crucial legal document for companies operating in Hong Kong who wish to employ foreign talent or establish employment relationships with international dimensions. This document is essential when hiring non-Hong Kong residents, requiring work visas, or establishing employment terms for expatriate packages. The contract must comply with Hong Kong's Employment Ordinance and related legislation while addressing international elements such as cross-border tax implications, visa requirements, and expatriate benefits. It's particularly relevant for multinational corporations, Hong Kong companies expanding internationally, or organizations requiring specialized foreign talent. The document typically includes provisions for relocation, housing, education allowances, tax equalization, and repatriation terms, while ensuring alignment with Hong Kong's mandatory employment requirements.

What sections should be included in a International Employment Contract?

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

2. Background: Context of the employment relationship, including any relevant corporate group structure and the international nature of the employment

3. Definitions: Key terms used throughout the agreement, including specific Hong Kong law terminology

4. Appointment and Term: Job title, duties, reporting lines, and duration of employment (fixed-term or permanent)

5. Place of Work: Primary workplace location, travel requirements, and any remote working arrangements

6. Hours of Work: Standard working hours, rest days, and overtime arrangements in compliance with Hong Kong law

7. Remuneration and Benefits: Base salary, bonuses, allowances, and statutory benefits under Hong Kong law

8. Leave Entitlements: Annual leave, sick leave, maternity/paternity leave, and other statutory leave entitlements

9. Immigration and Work Permits: Requirements and responsibilities regarding necessary visas and work permits

10. Mandatory Provident Fund: MPF arrangements and contributions as required by Hong Kong law

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Ownership and assignment of IP created during employment

13. Data Protection: Handling of personal data in compliance with Hong Kong privacy laws

14. Termination: Notice periods, grounds for termination, and post-termination obligations

15. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction for disputes

What sections are optional to include in a International Employment Contract?

1. Probationary Period: Terms of initial probation period - optional but common in Hong Kong

2. Mobility Clause: Terms regarding potential relocation or transfer between offices - for companies with multiple locations

3. Commission Structure: Detailed commission terms for sales or similar roles

4. Share Options/Equity: Terms of any share option or equity participation schemes

5. Non-Competition: Post-employment restrictions on competing activities

6. Housing Benefits: Terms of housing allowance or accommodation provisions for expatriate employees

7. Education Allowance: Schooling benefits for employees' children - common in expatriate packages

8. Tax Equalization: Tax arrangements for international employees to ensure fair treatment

9. Repatriation: Terms for return to home country at end of employment

10. Language Requirements: Specific language proficiency requirements and testing

What schedules should be included in a International Employment Contract?

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

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

3. Schedule 3 - Company Policies: Key company policies applicable to the employment

4. Schedule 4 - Bonus Scheme Rules: Detailed terms of any applicable bonus or incentive schemes

5. Schedule 5 - Expense Policy: Rules and procedures for business expense claims

6. Appendix A - Required Qualifications: List of required professional qualifications and certifications

7. Appendix B - Benefit Plans: Details of insurance, health, and other benefit plans

8. Appendix C - Relocation Package: Details of relocation assistance and benefits if applicable

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

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Trading and Logistics

Education

Healthcare

Retail

Hospitality

Construction

Maritime and Shipping

Telecommunications

Insurance

Real Estate

Consulting

Relevant Teams

Human Resources

Legal

Finance

Executive Management

Operations

Information Technology

Research and Development

Sales

Marketing

Business Development

Risk and Compliance

Strategy

Product Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Regional Director

Country Manager

Senior Software Engineer

Investment Banker

Legal Counsel

Research Scientist

Professor

Technical Specialist

Sales Director

Business Development Manager

Project Manager

Financial Controller

Operations Director

Risk Manager

Marketing Director

Head of Strategy

Chief Technology Officer

Principal Consultant

Industries
Employment Ordinance (Cap. 57): The main employment legislation in Hong Kong that covers basic employment conditions, protection and benefits including wage protection, rest days, holidays, leave entitlements, termination of employment, and severance payments
Immigration Ordinance (Cap. 115): Governs immigration matters including visa requirements, employment visas, and conditions for foreign workers in Hong Kong
Employees' Compensation Ordinance (Cap. 282): Establishes a framework for compensating employees for injuries or deaths caused by accidents arising out of and in the course of employment
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and use of personal data, which is relevant for employee information management
Mandatory Provident Fund Schemes Ordinance (Cap. 485): Requires employers and employees to make contributions to retirement funds, with specific provisions for foreign workers
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination on the basis of sex, marital status, and pregnancy in employment
Disability Discrimination Ordinance (Cap. 487): Protects against discrimination on the grounds of disability in employment
Race Discrimination Ordinance (Cap. 602): Prevents discrimination, harassment and vilification on the grounds of race
Minimum Wage Ordinance (Cap. 608): Sets the statutory minimum wage for employees in Hong Kong
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Governs how third parties may enforce terms of a contract, which could be relevant for employment benefits extending to family members
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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