This Salesman Contract of Employment is essential for establishing clear employment terms between companies and their sales staff in Hong Kong. It is specifically designed to address the unique aspects of sales roles, including commission-based compensation, performance metrics, and territory management, while ensuring compliance with Hong Kong employment law, particularly the Employment Ordinance (Cap. 57). The document should be used when hiring new sales staff or updating terms for existing sales employees, especially where commission-based compensation is involved. It includes comprehensive provisions for base salary, commission structures, sales targets, territorial rights, customer relationship management, and post-employment restrictions, providing protection for both employer and employee interests.

1. Parties: Identification of the employer company and the salesperson employee

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including commission-related terminology

4. Appointment and Duration: Terms of employment, position title, and employment period (fixed-term or continuous)

5. Duties and Responsibilities: Detailed description of the salesperson's role, reporting structure, and key performance areas

6. Compensation Structure: Base salary, commission calculation methods, payment terms, and review periods

7. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location

8. Sales Targets and Performance Metrics: Expected sales targets, KPIs, and performance evaluation criteria

9. Leave Entitlements: Annual leave, sick leave, and other leave entitlements as per Employment Ordinance

10. Confidentiality: Protection of company's confidential information and trade secrets

11. Intellectual Property: Ownership of work products and customer relationships

12. Post-Employment Restrictions: Non-compete and non-solicitation provisions

13. Termination: Notice periods and grounds for termination

14. Governing Law: Specification of Hong Kong law as governing law