Non Fixed Term Employment Contract Template for Hong Kong

A Non Fixed Term Employment Contract is the foundation of permanent employment relationships in Hong Kong, establishing clear terms and conditions for ongoing employment without a predetermined end date. Unlike fixed-term contracts, this agreement continues indefinitely until terminated by either party according to the procedures outlined in the contract and required by Hong Kong law.

When do you need this document?

You need this contract when hiring permanent employees for roles intended to continue long-term without a specific end date. This applies to full-time positions, permanent part-time roles, and any employment where you want to establish an ongoing relationship rather than project-based work. The contract is essential for senior management positions, administrative roles, sales staff, and any position where job security and career development are important factors. You should also use this document when converting temporary or probationary employees to permanent status.

Key legal considerations

Your contract must include mandatory provisions under the Employment Ordinance, including clear termination notice periods, payment terms, and employee benefits. Pay particular attention to probationary periods, which cannot exceed three months, and ensure compliance with minimum wage requirements. The contract should specify MPF contribution arrangements, annual leave entitlements, and sick leave provisions as required by law. Include clear job descriptions, reporting relationships, and any confidentiality or non-compete clauses that comply with Hong Kong employment law. Address working hours, overtime compensation, and rest day entitlements to avoid disputes. Consider including intellectual property clauses, especially for roles involving creative work or access to confidential information.

Legal requirements in Hong Kong

Under the Employment Ordinance (Cap. 57), your contract must comply with minimum employment standards including statutory holidays, annual leave calculations based on length of service, and proper termination procedures. The Minimum Wage Ordinance (Cap. 608) requires adherence to current minimum wage rates, while the Mandatory Provident Fund Schemes Ordinance (Cap. 485) mandates proper MPF enrollment and contribution arrangements. You must also consider the Personal Data (Privacy) Ordinance (Cap. 486) when handling employee information and ensure workplace safety compliance under the Occupational Safety and Health Ordinance (Cap. 509). Anti-discrimination provisions under various ordinances, including the Sex Discrimination Ordinance (Cap. 480), must be reflected in fair employment terms and practices.