Staff Contract Of Employment for Hong Kong

Staff Contract Of Employment Template for Hong Kong

A comprehensive employment contract template designed for use in Hong Kong, incorporating all essential elements required under the Hong Kong Employment Ordinance and related employment legislation. This document establishes the formal employment relationship between employer and employee, detailing terms and conditions including job responsibilities, compensation, benefits, working hours, leave entitlements, and termination provisions. The contract ensures compliance with Hong Kong's employment laws while protecting both employer and employee interests through clear articulation of rights, obligations, and expectations.

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What is a Staff Contract Of Employment?

Staff Contracts of Employment are fundamental legal documents required for all employment relationships in Hong Kong. These contracts serve as the primary reference point for both employers and employees, establishing their respective rights and obligations under Hong Kong law. The document must comply with the Employment Ordinance (Cap. 57) and other relevant legislation, including provisions for mandatory benefits, working hours, leave entitlements, and termination procedures. This template is designed for use when hiring new employees or updating existing employment terms, ensuring all essential elements are properly documented while allowing for customization based on specific role requirements and seniority levels. The contract template includes both mandatory provisions required by Hong Kong law and common commercial terms that protect the employer's interests.

What sections should be included in a Staff Contract Of Employment?

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 contract

4. Appointment and Term: Job title, employment status (permanent/fixed-term), and commencement date

5. Duties and Responsibilities: Main duties, reporting lines, and performance expectations

6. Place of Work: Primary workplace location and potential for change

7. Hours of Work: Standard working hours, rest days, and overtime arrangements

8. Remuneration: Salary, payment schedule, and review process

9. Benefits: Statutory and additional benefits including MPF, medical, insurance

10. Leave Entitlements: Annual, sick, maternity/paternity, and other types of leave

11. Termination: Notice periods and grounds for termination

12. Confidentiality: Protection of company confidential information

13. Data Protection: Handling of personal data in compliance with PDPO

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

What sections are optional to include in a Staff Contract Of Employment?

1. Probation Period: Include when the company wants to implement a probationary period

2. Non-Competition: Include for senior positions or roles with access to sensitive information

3. Intellectual Property: Include for creative, technical, or research-based roles

4. Bonus Scheme: Include if the role includes discretionary or performance-based bonuses

5. Share Options: Include if employee is eligible for company share schemes

6. International Travel: Include if role requires regular international travel

7. Flexible Working: Include if allowing remote work or flexible arrangements

8. Garden Leave: Include for senior positions to protect business interests

9. Post-Termination Restrictions: Include for roles requiring additional post-employment restrictions

10. Language Requirements: Include if specific language skills are essential for the role

What schedules should be included in a Staff Contract Of Employment?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and KPIs

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Key company policies that form part of employment terms

4. Schedule 4 - Code of Conduct: Expected standards of professional behavior

5. Appendix A - Confidential Information: Definition and examples of confidential information

6. Appendix B - Restrictive Covenants: Detailed post-employment restrictions if applicable

7. Appendix C - IT and Communications Policy: Rules for use of company IT systems and communication tools

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

Cost

Free to use

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