The Re Employment Contract serves as a fundamental legal document establishing the employment relationship between parties in Hong Kong. It is essential for any new hire or when updating terms for existing employees, ensuring compliance with Hong Kong's Employment Ordinance and related legislation. The document should be used when formalizing employment relationships, whether for permanent, fixed-term, or senior executive positions. It includes crucial provisions regarding compensation, benefits, duties, termination rights, and post-employment obligations, while incorporating specific requirements under Hong Kong law such as MPF contributions and statutory leave entitlements. The contract can be customized based on the employee's seniority, role-specific requirements, and industry-specific considerations while maintaining compliance with local employment regulations.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Job title, employment status (permanent/fixed term), commencement date, and probation period if applicable
5. Duties and Responsibilities: Main responsibilities, reporting lines, and work location
6. Hours of Work: Standard working hours, overtime arrangements, and flexible working if applicable
7. Remuneration: Base salary, payment frequency, deductions, and review process
8. Benefits: Standard benefits including MPF, medical insurance, annual leave, and other statutory benefits
9. Termination: Notice periods, grounds for termination, and payment in lieu of notice provisions
10. Post-termination Obligations: Return of company property and continuing obligations after employment ends
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Handling of personal data in accordance with the PDPO
13. Governing Law: Specification of Hong Kong law as governing law
14. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
15. Execution: Signature blocks for both parties
1. Bonus and Commission: For roles with variable compensation components, detailing bonus structures and commission schemes
2. Non-compete: For senior roles or those with access to sensitive information, restricting post-employment competition
3. Non-solicitation: For client-facing or management roles, preventing poaching of clients or employees
4. Intellectual Property: For creative or technical roles, addressing ownership of work products and inventions
5. Mobility Clause: For roles that may require relocation or travel, specifying mobility requirements
6. Share Options: For senior executives or in startups, detailing any share option schemes
7. Garden Leave: For senior roles, provisions for placing employee on paid leave during notice period
8. Clawback Provisions: For financial sector or roles with significant bonuses, provisions for recovering payments in specific circumstances
9. External Directorships: For senior executives, conditions for holding external board positions
10. Remote Working: For roles with hybrid or remote working arrangements
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and key performance indicators
2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and variable pay structures
3. Schedule 3 - Company Policies: Reference to or incorporation of key company policies such as IT usage, expense claims, code of conduct
4. Schedule 4 - Restricted Activities: Detailed list of restricted activities for non-compete and non-solicitation obligations
5. Appendix A - Benefits Summary: Detailed description of all benefits including insurance coverage, leave entitlements
6. Appendix B - Performance Bonus Scheme: Details of any applicable bonus schemes including calculations and conditions
7. Appendix C - Share Option Plan: Summary of share option scheme terms if applicable
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