Written Employment Agreement for Hong Kong

Written Employment Agreement Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law that establishes the formal employment relationship between an employer and employee. This document outlines the essential terms and conditions of employment in compliance with the Hong Kong Employment Ordinance and related legislation, including remuneration, benefits, duties, working hours, leave entitlements, and termination provisions. The agreement incorporates mandatory requirements under Hong Kong employment law while providing flexibility to accommodate specific employment arrangements and additional terms based on the position and industry.

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What is a Written Employment Agreement?

This Written Employment Agreement template is designed for use in Hong Kong employment relationships, providing a legally compliant framework for documenting the terms and conditions of employment. It is essential for all employment relationships in Hong Kong, as the Employment Ordinance requires certain employment terms to be provided in writing. The agreement addresses mandatory requirements under Hong Kong law, including statutory benefits, leave entitlements, and MPF contributions, while allowing customization for specific roles and industries. It serves as a foundational document that helps prevent disputes by clearly defining rights and obligations of both parties, incorporating protections for confidential information and intellectual property, and ensuring compliance with local employment regulations.

What sections should be included in a Written Employment Agreement?

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 agreement

4. Appointment and Term: Details of the position, employment status (permanent/fixed-term), and commencement date

5. Duties and Responsibilities: Description of the employee's role, responsibilities, and reporting relationships

6. Place of Work: Primary workplace location and any mobility requirements

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

8. Remuneration and Benefits: Salary, payment schedule, bonuses, and statutory benefits

9. Leave Entitlements: Annual leave, sick leave, maternity/paternity leave, and other statutory leave provisions

10. MPF and Insurance: Mandatory Provident Fund arrangements and insurance coverage

11. Confidentiality: Obligations regarding confidential information and trade secrets

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

13. Termination: Notice periods, grounds for termination, and post-termination obligations

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

15. Entire Agreement: Standard boilerplate confirming this as the complete agreement

16. Execution: Signature blocks for both parties

What sections are optional to include in a Written Employment Agreement?

1. Probation Period: Terms of probationary period if applicable

2. Non-Competition: Post-employment restrictions on competing activities, used for senior positions

3. Non-Solicitation: Restrictions on soliciting employees/clients, typically for senior roles

4. Intellectual Property: IP rights assignment, relevant for creative/technical roles

5. Commission Structure: Details of commission calculations for sales roles

6. Flexible Working: Terms for remote work or flexible arrangements if offered

7. International Travel: Terms for international assignments or travel requirements

8. Share Options: Details of any share option schemes for eligible employees

9. Performance Bonus: Specific bonus schemes and performance metrics

10. Training Requirements: Mandatory training and professional development obligations

What schedules should be included in a Written Employment Agreement?

1. Schedule 1 - Job Description: Detailed description of duties, responsibilities, and performance expectations

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components and benefits

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

4. Schedule 4 - Restricted Activities: Detailed list of restricted activities for non-compete provisions

5. Schedule 5 - Benefit Plans: Details of applicable insurance, healthcare, and other benefit plans

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

7. Appendix B - Reporting Structure: Organizational chart showing reporting relationships

8. Appendix C - KPIs: Key Performance Indicators and measurement criteria

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

Financial Services

Technology

Manufacturing

Retail

Professional Services

Healthcare

Education

Real Estate

Construction

Hospitality

Logistics

Media and Entertainment

Telecommunications

Insurance

Banking

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Production

Quality Assurance

Business Development

Strategy

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

General Manager

Department Head

Senior Manager

Manager

Assistant Manager

Supervisor

Executive

Associate

Administrator

Coordinator

Specialist

Analyst

Officer

Assistant

Professional

Technical Expert

Sales Representative

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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