Service Occupancy Agreement for Hong Kong

Service Occupancy Agreement Template for Hong Kong

A Service Occupancy Agreement is a specialized legal document used in Hong Kong that combines elements of employment and accommodation arrangements. It establishes the terms under which an employee is granted the right to occupy residential premises as part of their employment package. The agreement is governed by Hong Kong law and must comply with both employment and property regulations specific to the jurisdiction. It differs from a standard tenancy agreement as the right to occupy is directly linked to the continuation of employment, and the agreement typically terminates automatically upon cessation of employment.

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What is a Service Occupancy Agreement?

The Service Occupancy Agreement is essential for situations where employers provide living accommodation as part of the employment package in Hong Kong. This arrangement is common in industries requiring staff to live on-site or nearby for operational efficiency, such as educational institutions, healthcare facilities, or property management. The agreement defines the terms of occupation, including maintenance responsibilities, utility arrangements, and vacation requirements upon employment termination. It must comply with Hong Kong employment laws while maintaining the distinct nature of service occupancy versus traditional tenancy. The document is crucial for protecting both employer and employee interests by clearly establishing the connection between employment and accommodation rights, typically including specific provisions for immediate vacation of premises upon employment termination.

What sections should be included in a Service Occupancy Agreement?

1. Parties: Identification of the employer/licensor and employee/licensee

2. Background: Context of the agreement, establishing the employment relationship and need for accommodation

3. Definitions: Key terms used throughout the agreement including 'Premises', 'Service Occupancy', 'Employment Agreement'

4. Grant of License: Terms of the service occupancy license and its connection to employment

5. Duration: Period of occupancy linked to employment duration

6. Occupier's Obligations: Employee's responsibilities regarding use and maintenance of the premises

7. Employer's Obligations: Employer's responsibilities regarding the premises and maintenance

8. Utilities and Services: Arrangements for payment of utilities and provision of services

9. Access and Inspection: Employer's rights to access and inspect the premises

10. Termination: Circumstances and process for termination, especially upon employment cessation

11. Vacation of Premises: Requirements and timeline for vacating the premises upon termination

12. General Provisions: Standard contractual clauses including notices, entire agreement, governing law

What sections are optional to include in a Service Occupancy Agreement?

1. Shared Facilities: Required when the occupier has access to common areas or shared facilities

2. Family Members: Needed when the employee's family members will also occupy the premises

3. Rental Value: Include when there's a need to specify the rental value for tax or other purposes

4. Insurance: Required when specific insurance obligations are placed on either party

5. Security Deposit: Include if a security deposit is required from the employee

6. Building Rules: Necessary when there are specific building or estate rules to be followed

7. Salary Deduction: Include when accommodation costs are deducted from salary

What schedules should be included in a Service Occupancy Agreement?

1. Schedule 1 - Description of Premises: Detailed description of the premises including floor plan and boundaries

2. Schedule 2 - Inventory: List of furniture, fixtures, and equipment provided with the premises

3. Schedule 3 - House Rules: Specific rules and regulations for occupying the premises

4. Schedule 4 - Utility Arrangements: Details of utility payment arrangements and procedures

5. Schedule 5 - State of Repair: Condition report of the premises at commencement of occupancy

6. Appendix A - Employment Agreement Reference: Key details from the employment agreement relevant to the service occupancy

7. Appendix B - Emergency Procedures: Emergency contacts and procedures specific to the premises

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

Cost

Free to use
Clauses
Relevant Industries

Education

Healthcare

Hospitality

Property Management

Security Services

Religious Organizations

Domestic Services

Construction

Agriculture

Manufacturing

Mining

Oil and Gas

Residential Care

Retail

Relevant Teams

Human Resources

Legal

Facilities Management

Property Management

Operations

Administration

Employee Relations

Compliance

Risk Management

Relevant Roles

School Principal

Property Manager

Building Superintendent

Security Manager

Caretaker

Residential Warden

Hospital Administrator

Dormitory Manager

Estate Manager

Site Manager

Facilities Manager

Maintenance Supervisor

School Teacher

Healthcare Worker

Religious Leader

Farm Manager

Mining Site Supervisor

Hotel Manager

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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