Non Fixed Term Contract for Hong Kong

Non Fixed Term Contract Template for Hong Kong

This is a comprehensive employment agreement governed by Hong Kong law, designed for ongoing employment relationships without a fixed end date. The contract incorporates all mandatory requirements under the Hong Kong Employment Ordinance and related legislation, including provisions for remuneration, benefits, leave entitlements, and termination conditions. It provides a legal framework for the employment relationship while ensuring compliance with local employment regulations, mandatory provident fund requirements, and other statutory obligations specific to Hong Kong employment law.

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What is a Non Fixed Term Contract?

This Non Fixed Term Contract template is designed for use in Hong Kong employment relationships where the intention is to create an ongoing employment arrangement without a predetermined end date. It is commonly used for permanent positions across all industry sectors and job levels, from entry-level to senior management. The document incorporates all requirements under Hong Kong employment law, including the Employment Ordinance (Cap. 57) and related legislation. It covers essential elements such as job duties, compensation, benefits, leave entitlements, and termination provisions, while allowing flexibility to accommodate specific role requirements and company policies. This template serves as a foundation document for establishing clear employment terms while ensuring compliance with Hong Kong's employment regulations.

What sections should be included in a Non Fixed Term Contract?

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

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

3. Definitions: Key terms used throughout the agreement

4. Appointment: Job title, position, and commencement date of employment

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

6. Place of Work: Primary workplace location and potential for relocation or travel

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

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

9. Remuneration and Benefits: Salary, payment schedule, and mandatory benefits including MPF

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

11. Termination: Notice periods and grounds for termination

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

13. Governing Law: Specification of Hong Kong law as governing law

14. Entire Agreement: Standard clause confirming this document as the complete agreement

What sections are optional to include in a Non Fixed Term Contract?

1. Commission Structure: For sales roles or positions with variable compensation

2. Non-Compete Clause: For senior positions or roles with access to sensitive information

3. Intellectual Property Rights: For creative, technical, or R&D positions

4. Flexible Working Arrangements: For positions allowing remote work or flexible hours

5. Staff Handbook Reference: When company has a comprehensive staff handbook

6. Bonus Schemes: For positions eligible for discretionary or performance bonuses

7. International Travel: For positions requiring frequent international travel

8. Data Protection: Detailed section when employee handles sensitive data

9. Stock Options: For senior positions eligible for equity participation

What schedules should be included in a Non Fixed Term Contract?

1. Schedule 1 - Job Description: Detailed breakdown of role responsibilities and requirements

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

3. Schedule 3 - Company Policies: Key company policies directly relevant to the position

4. Schedule 4 - Benefit Plans: Details of insurance, medical, and other benefit schemes

5. Appendix A - Confidentiality Agreement: Detailed confidentiality obligations and restrictions

6. Appendix B - Code of Conduct: Expected standards of professional behavior and ethics

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
Clauses
Relevant Industries

Financial Services

Technology

Real Estate

Retail

Manufacturing

Professional Services

Healthcare

Education

Hospitality

Construction

Logistics

Media and Entertainment

Telecommunications

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Administration

Supply Chain

Product Development

Business Development

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Head

Senior Manager

Manager

Assistant Manager

Supervisor

Executive

Officer

Administrator

Coordinator

Specialist

Analyst

Associate

Assistant

Entry Level Officer

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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