The Definite Employment Contract is essential for establishing fixed-term employment relationships in Hong Kong, commonly used for project-based work, temporary positions, or seasonal employment. This document must comply with the Hong Kong Employment Ordinance (Cap. 57) and related employment legislation, ensuring proper protection of both employer and employee rights. The contract specifies a clear start and end date, along with comprehensive terms covering remuneration, benefits, working conditions, and termination provisions. It's particularly useful when organizations need temporary staff for specific projects, during peak seasons, or for covering extended employee absences, while maintaining legal compliance and clear expectations for both parties.
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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: Position title, fixed term duration, and commencement date
5. Duties and Responsibilities: Main job responsibilities, reporting structure, and work location
6. Hours of Work: Standard working hours, overtime arrangements, and rest days
7. Probation Period: Length of probation and conditions for confirmation
8. Remuneration and Benefits: Salary, bonus, allowances, and statutory benefits
9. Leave Entitlements: Annual leave, sick leave, and other types of leave
10. MPF and Insurance: Mandatory Provident Fund arrangements and insurance coverage
11. Termination: Notice periods, grounds for termination, and procedures
12. Post-Termination Obligations: Return of company property and continuing obligations
13. Governing Law: Specification of Hong Kong law as governing law
14. Entire Agreement: Standard boilerplate confirming this as the complete agreement
15. Execution: Signature blocks and execution details
1. Confidentiality: Detailed confidentiality obligations, used when employee will have access to sensitive information
2. Intellectual Property: IP rights and assignments, essential for creative, technical, or R&D roles
3. Non-Competition: Post-employment competition restrictions, for senior or key employees
4. Non-Solicitation: Restrictions on soliciting employees/clients, for client-facing or management roles
5. Mobility Clause: Provisions for changing work location, useful for companies with multiple offices
6. Commission Structure: Detailed commission calculations, for sales or commission-based roles
7. Working from Home: Remote work arrangements and conditions, for flexible working arrangements
8. Training Requirements: Mandatory training and professional development obligations
9. Data Protection: Specific data handling requirements, for roles involving personal data processing
10. Share Options: Employee share option schemes, for senior executives or retention purposes
1. Schedule 1 - Job Description: Detailed description of duties, responsibilities, and performance expectations
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components, bonuses, and benefits
3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms
4. Schedule 4 - Bonus Scheme: Details of any applicable bonus or incentive schemes
5. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
6. Appendix B - IT and Communications Policy: Rules regarding use of company IT systems and communications
7. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement
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