New Employment Contract For Existing Employees Template for Hong Kong

The New Employment Contract For Existing Employees is designed for Hong Kong-based organizations needing to update or modify employment terms for their current workforce. This document type is particularly relevant during company restructuring, role changes, promotions, or when modernizing employment terms. It carefully balances the need to implement new terms while preserving employees' accrued rights and continuous service, ensuring compliance with Hong Kong's Employment Ordinance and related legislation. The contract includes provisions for maintaining historical benefits while introducing new terms, and specifically addresses the transition from previous employment terms to avoid any unintended termination of continuous employment. It's essential for risk management and maintaining clear employment relationships when updating terms for existing staff.

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

2. Background: Context of the new contract, including reference to existing employment relationship and date of original employment

3. Definitions: Key terms used throughout the contract, including company-specific terminology

4. Appointment and Term: Position, job title, reporting relationship, and confirmation of continuous service from original start date

5. Duties and Responsibilities: Main duties, responsibilities, and performance expectations of the role

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

7. Hours of Work: Standard working hours, rest days, and overtime arrangements

8. Remuneration and Benefits: Salary, bonus, allowances, and other benefits including MPF arrangements

9. Leave Entitlements: Annual leave, sick leave, maternity/paternity leave, and other types of leave

10. Medical Benefits: Health insurance coverage and medical benefits provisions

11. Confidentiality: Obligations regarding confidential information and trade secrets

12. Intellectual Property: Ownership and rights over work created during employment

13. Data Protection: Handling of personal data and privacy requirements

14. Termination: Notice periods, grounds for termination, and procedures

15. Post-Employment Obligations: Non-compete, non-solicitation, and other post-employment restrictions

16. Governing Law: Confirmation of Hong Kong law as governing law

17. Entire Agreement: Clause confirming this contract supersedes previous agreements while preserving continuous employment