Pre Employment Agreement for Hong Kong

Pre Employment Agreement Template for Hong Kong

A Pre-Employment Agreement governed by Hong Kong law establishes the preliminary relationship between a potential employer and employee before formal employment begins. This document outlines conditions precedent to employment, confidentiality obligations, and data privacy requirements in accordance with Hong Kong legislation, including the Employment Ordinance and Personal Data (Privacy) Ordinance. It provides a framework for managing pre-employment activities while protecting both parties' interests during the interim period between job offer acceptance and formal employment commencement.

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What is a Pre Employment Agreement?

The Pre-Employment Agreement is utilized in Hong Kong when organizations need to establish legally binding obligations and conditions before formal employment begins. This document is particularly important when there are specific prerequisites to employment, such as background checks, professional qualifications verification, or regulatory approvals. It helps protect confidential information shared during the pre-employment phase and ensures compliance with Hong Kong's data privacy laws. The agreement typically includes provisions for medical examinations, reference checks, and other conditions precedent while clearly stating that it does not guarantee employment. This document is especially relevant in regulated industries or for senior positions where extensive due diligence is required before employment can commence.

What sections should be included in a Pre Employment Agreement?

1. Parties: Identification of the potential employer and the potential employee

2. Background: Context of the pre-employment arrangement, including the proposed role and general intentions of both parties

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Pre-Employment Period', and 'Conditions Precedent'

4. Pre-Employment Conditions: Specific conditions that must be satisfied before formal employment can commence, such as reference checks, medical examinations, or qualification verifications

5. Duration: The period during which the pre-employment agreement remains valid

6. Confidentiality Obligations: Requirements regarding the handling and non-disclosure of confidential information accessed during the pre-employment period

7. Data Privacy Compliance: Provisions relating to the collection, use, and handling of personal data in compliance with the Personal Data (Privacy) Ordinance

8. Non-Binding Nature of Future Employment: Clear statement that this agreement does not constitute a guarantee of employment

9. Termination: Circumstances under which either party may terminate the pre-employment agreement

10. Governing Law and Jurisdiction: Specification of Hong Kong law as the governing law and Hong Kong courts as having jurisdiction

What sections are optional to include in a Pre Employment Agreement?

1. Intellectual Property: Required when the potential employee may be exposed to or create intellectual property during the pre-employment period

2. Pre-Employment Activities: Include when specific tasks or training are required during the pre-employment period

3. Expenses: Include when there are provisions for reimbursement of pre-employment expenses such as medical checks or training

4. Non-Solicitation: Include when there's a need to prevent the potential employee from soliciting employees or clients during the pre-employment period

5. Third Party Rights: Include when the agreement needs to address rights of third parties under the Contracts (Rights of Third Parties) Ordinance

6. Background Checks: Include detailed provisions when specific background checks are required beyond standard reference checks

What schedules should be included in a Pre Employment Agreement?

1. Schedule 1 - Required Documentation: List of documents and certifications required from the potential employee

2. Schedule 2 - Pre-Employment Conditions Checklist: Detailed checklist of all conditions that must be satisfied before employment commences

3. Schedule 3 - Confidentiality Agreement: Detailed confidentiality terms and categories of confidential information

4. Appendix A - Personal Data Collection Statement: Detailed statement regarding the collection and use of personal data as required by Hong Kong law

5. Appendix B - Proposed Employment Terms Summary: Non-binding summary of the proposed employment terms, subject to the satisfaction of pre-employment conditions

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 Form

Cost

Free to use
Relevant Industries

Financial Services

Banking

Technology

Healthcare

Professional Services

Legal Services

Education

Manufacturing

Telecommunications

Pharmaceuticals

Aviation

Insurance

Real Estate

Construction

Retail

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Finance

Information Technology

Research and Development

Operations

Senior Management

Corporate Governance

Talent Acquisition

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Manager

Department Head

Professional Staff

Technical Specialist

Research Scientist

Legal Counsel

Financial Analyst

Software Engineer

Medical Professional

Executive Director

Investment Manager

Compliance Officer

Senior Consultant

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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