The Sales Employment Contract is designed for use when hiring sales professionals in Hong Kong, providing a robust framework for both employer and employee. This document is essential for establishing clear terms of employment, particularly for roles involving commission-based compensation and sales targets. It ensures compliance with Hong Kong employment law, including the Employment Ordinance and Minimum Wage Ordinance, while addressing sales-specific considerations such as commission structures, territory assignments, and customer relationship management. The contract is suitable for various industries and can be customized based on the seniority of the role, commission structures, and specific industry requirements. It includes provisions for confidentiality, non-competition, and protection of business interests, which are crucial in sales-focused roles.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the contract including 'Territory', 'Products', 'Commission', 'Targets'
4. Appointment and Term: Details of the position, job title, and duration of employment (fixed-term or continuous)
5. Duties and Responsibilities: Specific duties of the sales role, reporting structure, and performance expectations
6. Place of Work: Primary work location and any travel requirements
7. Hours of Work: Working hours, flexibility requirements, and overtime arrangements
8. Compensation: Base salary, commission structure, bonus schemes, and payment terms
9. Benefits: Standard benefits including MPF, medical insurance, and other allowances
10. Leave Entitlements: Annual leave, sick leave, and other types of leave as per Hong Kong law
11. Confidentiality: Obligations regarding company and customer confidential information
12. Non-Competition and Non-Solicitation: Post-employment restrictions on competing activities and customer solicitation
13. Termination: Grounds for termination, notice periods, and procedures
14. Company Policies: Compliance with company policies, procedures, and code of conduct
15. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
1. Probation Period: Details of probationary period and conditions, if applicable
2. International Travel: Include when role requires regular international travel
3. Team Management: Include when position involves managing other sales staff
4. Intellectual Property: Include when employee may develop sales methods or materials
5. Change of Control: Include for senior sales positions regarding company ownership changes
6. Garden Leave: Include for senior positions or when dealing with sensitive customer relationships
7. Sales Targets Adjustment: Include when sales targets may need periodic adjustment
8. Remote Working: Include when role allows for remote work arrangements
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
2. Schedule 2 - Sales Territory: Definition and maps of assigned sales territory or customer accounts
3. Schedule 3 - Performance Targets: Specific sales targets and KPIs
4. Schedule 4 - Benefits Details: Comprehensive list of benefits and their terms
5. Schedule 5 - Expense Policy: Guidelines for business expense claims and reimbursement
6. Appendix A - Company Car Policy: Terms of company car usage if provided
7. Appendix B - Sales Tools and Equipment: List of provided sales tools, equipment, and usage terms
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