Key Employee Agreement for Hong Kong

Key Employee Agreement Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law, designed for senior executives and key employees who have significant responsibilities or access to sensitive company information. The agreement incorporates Hong Kong's Employment Ordinance requirements while providing additional protections for intellectual property, confidential information, and business interests. It includes detailed terms regarding compensation, benefits, duties, restrictive covenants, and termination provisions, all structured to comply with Hong Kong's legal framework while offering appropriate protections for both employer and employee.

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What is a Key Employee Agreement?

The Key Employee Agreement serves as a crucial legal document for businesses operating in Hong Kong who wish to establish clear terms of employment with their senior staff and key personnel. This agreement is specifically designed to comply with Hong Kong's Employment Ordinance and related legislation while providing comprehensive coverage of essential employment terms and additional protections for the company. It is particularly important for roles involving access to confidential information, client relationships, or strategic decision-making. The document includes detailed provisions on compensation, benefits, duties, intellectual property rights, non-compete clauses, and termination procedures, all tailored to meet Hong Kong's legal requirements and business practices. The Key Employee Agreement is essential for protecting company interests while ensuring transparency and fairness in the employment relationship.

What sections should be included in a Key Employee Agreement?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Term: Position, title, reporting structure, and duration of employment (fixed-term or continuous)

5. Duties and Responsibilities: Core responsibilities, scope of authority, and performance expectations

6. Place of Work: Primary workplace location and any mobility requirements

7. Hours of Work: Working hours, flexibility requirements, and overtime arrangements

8. Remuneration: Base salary, payment frequency, and review mechanisms

9. Benefits: Standard benefits package including mandatory benefits under Hong Kong law

10. Leave Entitlements: Annual leave, sick leave, and other types of leave as per Employment Ordinance

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Assignment of IP rights and related obligations

13. Non-Competition and Non-Solicitation: Post-employment restrictions and their geographical/temporal scope

14. Data Protection: Handling of personal data in compliance with PDPO

15. Termination: Grounds for termination, notice periods, and procedures

16. Post-Termination Obligations: Continuing obligations after employment ends

17. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction for disputes

18. General Provisions: Standard boilerplate clauses including severability and entire agreement

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

1. Probationary Period: Terms of initial probation period - include if probation is required

2. Commission Structure: Details of commission calculations and payments - for sales or revenue-generating roles

3. Equity Participation: Share options or other equity arrangements - for senior executives or when equity is part of compensation

4. International Travel: Travel requirements and related allowances - for roles requiring significant travel

5. Garden Leave: Provisions for placing employee on paid leave during notice period - for senior roles

6. Change of Control: Provisions dealing with company ownership changes - for senior executives

7. Clawback Provisions: Recovery of bonuses or incentives - for financial sector or senior roles

8. Mandatory Retirement: Retirement age provisions - if company has specific retirement policies

What schedules should be included in a Key Employee Agreement?

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

2. Schedule 2 - Compensation Details: Detailed breakdown of salary components, bonuses, and other financial benefits

3. Schedule 3 - Benefits Package: Comprehensive list of benefits and their terms

4. Schedule 4 - Company Policies: Key company policies that form part of the employment terms

5. Schedule 5 - Restricted Activities: Detailed list of competitive activities and entities employee cannot engage with

6. Appendix A - Confidential Information: Definition and categories of confidential information

7. Appendix B - Reporting Structure: Organizational chart showing reporting relationships

8. Appendix C - Performance Metrics: Specific performance targets and evaluation criteria

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

Security Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Real Estate

Healthcare

Retail

Telecommunications

Education

Logistics

Construction

Insurance

Banking

Consulting

Media and Entertainment

Relevant Teams

Human Resources

Legal

Executive Leadership

Finance

Information Technology

Research and Development

Sales

Operations

Strategy

Product Development

Marketing

Business Development

Risk Management

Compliance

Engineering

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Managing Director

Regional Director

Head of Department

Senior Vice President

Vice President

General Manager

Senior Manager

Department Head

Principal Consultant

Senior Specialist

Key Account Manager

Technical Director

Research Director

Chief Scientist

Senior Partner

Executive Director

Chief Operating Officer

Industries
Employment Ordinance (Cap. 57): Primary legislation governing employment relationships in Hong Kong, covering contract requirements, wages, benefits, termination, and protection of employee rights
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, use, and handling of personal data, particularly relevant for employee information management
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Affects how third parties may enforce terms of the employment contract, relevant for restrictive covenants and confidentiality provisions
Prevention of Bribery Ordinance (Cap. 201): Important for including anti-corruption clauses and defining acceptable business practices for key employees
Sex Discrimination Ordinance (Cap. 480): Ensures employment terms comply with gender equality requirements
Disability Discrimination Ordinance (Cap. 487): Ensures employment terms don't discriminate against employees with disabilities
Family Status Discrimination Ordinance (Cap. 527): Protects employees from discrimination based on family responsibilities
Race Discrimination Ordinance (Cap. 602): Ensures employment terms don't discriminate based on race or ethnicity
Minimum Wage Ordinance (Cap. 608): Sets minimum wage requirements, though less relevant for key employees but still necessary for compliance
Mandatory Provident Fund Schemes Ordinance (Cap. 485): Governs mandatory retirement fund contributions and arrangements
Competition Ordinance (Cap. 619): Relevant for non-compete clauses and restrictions on post-employment activities
Patents Ordinance (Cap. 514) and Copyright Ordinance (Cap. 528): Important for intellectual property provisions and protection of company innovations and creations
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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