The Expatriate Contract Of Employment is essential for companies operating in Hong Kong who employ foreign nationals. This document is used when hiring employees who are relocating to Hong Kong from overseas, whether on a fixed-term or permanent basis. It must comply with Hong Kong employment law while addressing specific expatriate needs such as relocation assistance, housing allowances, tax equalization, and repatriation terms. The contract is particularly important for ensuring clear understanding of employment terms in a cross-cultural context and protecting both parties' interests in an international employment relationship. It typically includes more comprehensive benefits and support provisions than standard employment contracts, reflecting the additional complexities and costs associated with international assignments.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship, including the nature of the role and basis for expatriate status
3. Definitions: Key terms used throughout the agreement, including specific expatriate-related terminology
4. Appointment and Duration: Job title, duties, reporting relationships, and term of employment (fixed or indefinite)
5. Work Location and Hours: Primary workplace, working hours, and potential travel requirements
6. Remuneration and Benefits: Base salary, allowances, bonuses, and comprehensive benefits package
7. Relocation Terms: Relocation assistance, shipping allowances, and settlement support
8. Immigration Support: Visa and work permit obligations and support
9. Leave Entitlements: Annual leave, sick leave, public holidays, and home leave provisions
10. Medical and Insurance: Health insurance, life insurance, and other coverage details
11. Tax Equalization: Tax treatment and any tax equalization or protection arrangements
12. Termination Provisions: Notice periods, grounds for termination, and post-termination obligations
13. Repatriation: Terms for return to home country upon contract completion or termination
14. Confidentiality: Protection of company confidential information and trade secrets
15. Data Protection: Handling of personal data in compliance with privacy laws
16. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
1. Secondment Terms: Used when the employee remains employed by an overseas entity while working in Hong Kong
2. Education Allowance: Include when offering support for children's education expenses
3. Spouse Support: Include when providing assistance for spouse employment or adjustment
4. Housing Provisions: Detail housing arrangements when company provides accommodation
5. Invention and IP Rights: Include for roles involving creative or technical work
6. Non-Competition: Include post-employment restrictions where necessary for senior roles
7. Emergency Evacuation: Include procedures for political or health emergencies
8. Split Payroll: Include when salary is paid in multiple currencies or jurisdictions
9. Performance Bonus: Include detailed bonus structures for performance-based compensation
10. Share Options: Include when offering equity-based compensation
1. Schedule 1 - Compensation Package: Detailed breakdown of salary, allowances, and benefits
2. Schedule 2 - Job Description: Detailed description of role, responsibilities, and performance expectations
3. Schedule 3 - Relocation Policy: Company's policy on relocation support and entitlements
4. Schedule 4 - Benefits Summary: Comprehensive list of benefits and eligibility criteria
5. Schedule 5 - Tax Equalization Policy: Detailed policy on tax treatment and calculations
6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
7. Appendix B - Expense Policy: Guidelines for business expense claims and reimbursement
8. Appendix C - Leave Policy: Detailed policy on various types of leave and procedures
9. Appendix D - Insurance Coverage: Details of insurance policies and coverage levels
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Professional Services
Banking
Insurance
Telecommunications
Retail
Healthcare
Education
Construction
Logistics
Consulting
Media and Entertainment
Energy
Relevant Teams
Human Resources
Legal
Finance
Operations
International Mobility
Compensation & Benefits
Talent Acquisition
Executive Office
Global Mobility
Risk & Compliance
Payroll
Employee Relations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Regional Director
Country Manager
Senior Vice President
Managing Director
Technical Director
Head of Operations
Senior Software Engineer
Project Manager
Research Director
Business Development Manager
Financial Controller
Regional Sales Manager
International Marketing Director
Chief Technology Officer
Head of Human Resources
Investment Manager
Principal Consultant
General Manager
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