This Outsourced Employee Contract is designed for use in Hong Kong when engaging employees through an outsourcing agency for placement with client companies. The document complies with Hong Kong employment legislation, particularly the Employment Ordinance (Cap. 57), while addressing the complex nature of outsourced employment relationships. It is typically used when companies require flexible staffing solutions, specialized expertise, or project-based resources without direct employment obligations. The contract covers essential employment terms, assignment specifications, multi-party confidentiality requirements, data protection provisions, and clearly defined responsibilities between all parties. It includes provisions for various assignment types and durations, making it suitable for both short-term projects and long-term placements.
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1. Parties: Identifies the three parties to the agreement: the Employee, the Outsourcing Agency (Employer), and the Client Company
2. Background: Sets out the context of the outsourcing arrangement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement, including 'Assignment', 'Client Company', 'Services', etc.
4. Appointment and Term: Details of the employment relationship, including start date, duration, and probation period if applicable
5. Nature of Assignment: Description of the employee's role, duties, and relationship with the client company
6. Work Location and Hours: Specifies primary work location(s) and standard working hours
7. Remuneration and Benefits: Details of salary, allowances, MPF, insurance, and other benefits
8. Reporting Structure: Clarifies dual reporting relationships between agency and client company
9. Leave Entitlements: Specifies various types of leave and procedures for requesting leave
10. Confidentiality: Obligations regarding confidential information of both agency and client company
11. Intellectual Property: Assignment of IP rights and works created during employment
12. Data Protection: Handling of personal data and consent for data sharing between parties
13. Non-Competition and Non-Solicitation: Restrictions during and after employment
14. Termination: Grounds and procedures for contract termination
15. Post-Termination Obligations: Obligations surviving the end of employment
16. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction
1. Mobility Clause: Required when employee may need to work at different client locations
2. Overseas Travel: Include when role requires international travel
3. Commission Structure: Required for sales or performance-based roles
4. Client-Specific Policies: Include when client has specific compliance requirements
5. Training Requirements: Include when specific qualifications or training must be maintained
6. Equipment and Resources: Include when specifying provision of work tools between parties
7. Performance Management: Include when specific KPIs or performance measures apply
8. Bonus Arrangements: Include for roles eligible for performance or project bonuses
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components and benefits
3. Schedule 3 - Client Company Policies: Key client policies applicable to the employee
4. Schedule 4 - Confidentiality Agreement: Detailed confidentiality obligations and restricted information
5. Schedule 5 - Data Protection Policy: Specific requirements for handling personal and company data
6. Appendix A - Employee Handbook: Agency's standard employment policies and procedures
7. Appendix B - Assignment Details: Specific details of current client assignment and location
Relevant legal definitions
Agreement
Assignment
Business Day
Client Company
Client Company Policies
Commencement Date
Confidential Information
Data Protection Legislation
Employer
Employment
Employment Ordinance
Group Company
Intellectual Property Rights
Notice Period
Normal Working Hours
Personal Data
Probationary Period
Remuneration
Reporting Manager
Services
Term
Termination Date
Work Location
Working Hours
Employee Handbook
MPF Scheme
Assignment Location
Client Materials
Company Materials
Conflict of Interest
Duties
Emergency Contact
Grievance Procedures
Leave Entitlements
Performance Standards
Project
Restricted Business
Territory
Work Product
Assignment
Business Day
Client Company
Client Company Policies
Commencement Date
Confidential Information
Data Protection Legislation
Employer
Employment
Employment Ordinance
Group Company
Intellectual Property Rights
Notice Period
Normal Working Hours
Personal Data
Probationary Period
Remuneration
Reporting Manager
Services
Term
Termination Date
Work Location
Working Hours
Employee Handbook
MPF Scheme
Assignment Location
Client Materials
Company Materials
Conflict of Interest
Duties
Emergency Contact
Grievance Procedures
Leave Entitlements
Performance Standards
Project
Restricted Business
Territory
Work Product
Clauses
Appointment
Term and Duration
Probation
Duties and Responsibilities
Assignment Terms
Reporting Structure
Work Location
Working Hours
Remuneration
Benefits
MPF Contributions
Leave Entitlements
Medical Benefits
Expenses
Performance Review
Training
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Conflicts of Interest
Client Company Obligations
Health and Safety
Code of Conduct
Disciplinary Procedures
Grievance Procedures
Termination
Summary Dismissal
Garden Leave
Post-Termination Obligations
Return of Property
Assignment and Secondment
Variations
Severability
Entire Agreement
Notices
Governing Law
Jurisdiction
Term and Duration
Probation
Duties and Responsibilities
Assignment Terms
Reporting Structure
Work Location
Working Hours
Remuneration
Benefits
MPF Contributions
Leave Entitlements
Medical Benefits
Expenses
Performance Review
Training
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Conflicts of Interest
Client Company Obligations
Health and Safety
Code of Conduct
Disciplinary Procedures
Grievance Procedures
Termination
Summary Dismissal
Garden Leave
Post-Termination Obligations
Return of Property
Assignment and Secondment
Variations
Severability
Entire Agreement
Notices
Governing Law
Jurisdiction
Relevant Industries
Information Technology
Professional Services
Financial Services
Banking
Insurance
Telecommunications
Manufacturing
Logistics
Healthcare
Retail
Construction
Business Process Outsourcing
Consulting
Relevant Teams
Human Resources
Information Technology
Operations
Finance
Legal
Procurement
Research and Development
Marketing
Sales
Customer Service
Quality Assurance
Project Management Office
Administration
Business Analysis
Relevant Roles
Software Developer
Project Manager
Business Analyst
System Administrator
Customer Service Representative
Financial Analyst
Data Scientist
HR Consultant
IT Support Specialist
Operations Manager
Research Analyst
Quality Assurance Engineer
Marketing Specialist
Technical Consultant
Administrative Assistant
Sales Representative
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