The Estate Agent Employment Contract is essential for formalizing the employment relationship between real estate agencies and licensed estate agents in Hong Kong. This document is used when hiring new estate agents or updating terms for existing agents, ensuring compliance with both the Employment Ordinance and Estate Agents Ordinance. It covers crucial aspects such as licensing requirements, commission structures, performance expectations, and professional conduct obligations. The contract is specifically tailored to Hong Kong's regulatory environment, incorporating requirements from the Estate Agents Authority and local employment laws. It's particularly important given the unique nature of estate agency work, which often involves commission-based compensation and specific professional licensing requirements.
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1. Parties: Identification of the employer (estate agency company) and employee (estate agent)
2. Background: Context of the employment relationship and confirmation of agent's licensing status
3. Definitions: Key terms used throughout the agreement including 'Properties', 'Territory', 'Commission', etc.
4. Appointment and Term: Duration of employment, probation period, and renewal terms
5. Duties and Responsibilities: Core duties of the estate agent including compliance with Estate Agents Ordinance
6. Licensing Requirements: Obligation to maintain valid estate agent's license and related requirements
7. Remuneration: Base salary, commission structure, and payment terms
8. Working Hours and Leave: Standard working hours, rest days, and various types of leave entitlements
9. Confidentiality: Protection of company and client confidential information
10. Non-Competition: Restrictions during and after employment
11. Company Policies: Compliance with company policies, procedures, and code of conduct
12. Termination: Grounds for termination, notice periods, and consequences
13. Post-Termination Obligations: Return of company property, handover requirements
14. Governing Law: Hong Kong law as governing law and jurisdiction
1. Overseas Work: Include when agent may need to work in mainland China or other jurisdictions
2. Team Leadership: Include for senior agents who will manage other agents
3. Property Management: Include if agent will handle property management duties
4. Special Client Relationships: Include if agent brings existing client relationships
5. Training Requirements: Include for junior agents requiring specific training
6. Car Allowance: Include if providing vehicle or transport allowance
7. Housing Allowance: Include if providing housing benefits
1. Schedule 1 - Commission Structure: Detailed breakdown of commission calculations and payment terms
2. Schedule 2 - Territory: Specific geographical areas or property types the agent is responsible for
3. Schedule 3 - Performance Targets: KPIs and sales targets
4. Schedule 4 - Benefits Package: Details of additional benefits, insurance coverage
5. Schedule 5 - Company Policies: Key company policies and procedures
6. Appendix A - Code of Ethics: Estate Agents Authority's Code of Ethics
7. Appendix B - Compliance Checklist: Regulatory compliance requirements and checklist
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Property Management
Professional Services
Financial Services
Commercial Property
Residential Property
Retail Property
Industrial Property
Relevant Teams
Human Resources
Legal
Compliance
Property Sales
Residential Sales
Commercial Sales
Leasing
Operations
Training
Recruitment
Relevant Roles
Estate Agent
Senior Estate Agent
Principal Estate Agent
Property Consultant
Real Estate Broker
Sales Director
Branch Manager
Property Negotiator
Real Estate Sales Manager
Leasing Consultant
Property Marketing Executive
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