Re Employment Contract for Hong Kong

Re Employment Contract Template for Hong Kong

A comprehensive employment contract governed by Hong Kong law that establishes the terms and conditions of employment between an employer and employee. The document incorporates requirements under the Hong Kong Employment Ordinance and related legislation, including provisions for remuneration, benefits, duties, confidentiality, and termination. It provides legal protection for both parties while ensuring compliance with local employment regulations, data protection laws, and mandatory benefits such as the Mandatory Provident Fund (MPF) scheme.

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What is a Re Employment Contract?

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.

What sections should be included in a Re Employment Contract?

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

What sections are optional to include in a Re Employment Contract?

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

What schedules should be included in a Re Employment Contract?

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

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

Termination Letter

Cost

Free to use
Clauses
Relevant Industries

Financial Services

Technology

Professional Services

Retail

Manufacturing

Trading and Logistics

Real Estate

Healthcare

Education

Hospitality

Construction

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Administration

Customer Service

Product Development

Risk and Compliance

Strategy

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Director

Senior Manager

Manager

Assistant Manager

Executive

Associate

Analyst

Administrator

Coordinator

Specialist

Officer

Assistant

Entry Level Staff

Graduate Trainee

Intern

Industries
Employment Ordinance (Cap. 57): The main employment legislation in Hong Kong that covers basic employment conditions, rights and benefits including contract requirements, wage protection, rest days, holidays, leave entitlements, and termination of employment contracts
Employees' Compensation Ordinance (Cap. 282): Establishes a framework for employee compensation in cases of workplace injuries and occupational diseases, requiring employers to have valid insurance coverage
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and use of employees' personal data, relevant for confidentiality clauses and data protection provisions in the contract
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on sex, marital status, and pregnancy in employment terms and conditions
Disability Discrimination Ordinance (Cap. 487): Ensures equal employment opportunities and fair treatment for persons with disabilities
Race Discrimination Ordinance (Cap. 602): Prevents discrimination based on race in employment terms and conditions
Family Status Discrimination Ordinance (Cap. 527): Protects against discrimination based on family care responsibilities
Minimum Wage Ordinance (Cap. 608): Sets the statutory minimum wage rate that must be reflected in employment contracts
Occupational Safety and Health Ordinance (Cap. 509): Establishes requirements for workplace safety and health protection that may need to be referenced in employment contracts
Mandatory Provident Fund Schemes Ordinance (Cap. 485): Requires employers and employees to make contributions to retirement schemes, which should be addressed in employment contracts
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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