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Job Agreement for Hong Kong

Job Agreement Template for Hong Kong

A Hong Kong Job Agreement is a legally binding employment contract that establishes the terms and conditions of employment between an employer and employee under Hong Kong law. The document comprehensively outlines employment terms including job responsibilities, compensation, benefits, working hours, leave entitlements, and termination conditions, while ensuring compliance with Hong Kong's Employment Ordinance and related employment legislation. It incorporates mandatory provisions required by Hong Kong law while allowing flexibility for additional terms based on specific employment circumstances and industry requirements.

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What is a Job Agreement?

The Job Agreement serves as the primary document governing the employment relationship in Hong Kong, essential for both employers and employees to clearly understand their rights, obligations, and expectations. This document is typically used when hiring new employees or formalizing existing employment relationships, ensuring compliance with Hong Kong's Employment Ordinance and related legislation. The agreement includes mandatory provisions required by Hong Kong law, such as wage protection, working hours, leave entitlements, and MPF arrangements, while also allowing for customization based on specific role requirements, industry standards, and company policies. Regular updates to the template may be necessary to reflect changes in employment laws and regulations.

What sections should be included in a Job Agreement?

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 agreement

4. Appointment and Term: Job title, position, employment start date, and whether fixed-term or continuous

5. Duties and Responsibilities: Main responsibilities, reporting structure, and performance expectations

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: Base salary, payment frequency, and method of payment

9. Mandatory Provident Fund: MPF arrangements and contribution details

10. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements

11. Medical Benefits: Health insurance and medical benefits coverage

12. Termination: Notice periods and grounds for termination

13. Confidentiality: Protection of company confidential information

14. Data Privacy: Handling of personal data in accordance with PDPO

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

16. Entire Agreement: Statement that this agreement supersedes all prior agreements

What sections are optional to include in a Job Agreement?

1. Probation Period: Terms of probationary period if applicable

2. Commission Structure: Details of commission calculations and payments for sales roles

3. Bonus Arrangements: Performance bonus or other incentive schemes

4. Non-Competition: Post-employment restrictions on working for competitors

5. Non-Solicitation: Restrictions on soliciting customers or employees post-employment

6. Intellectual Property: Ownership of IP created during employment

7. Remote Working: Terms for working from home or remote locations

8. International Travel: Requirements and arrangements for international travel

9. Stock Options: Employee share option scheme participation

10. Additional Benefits: Housing allowance, education benefits, or other perks

What schedules should be included in a Job Agreement?

1. Schedule 1 - Job Description: Detailed description of roles and responsibilities

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

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Benefit Plans: Details of insurance and other benefit schemes

5. Schedule 5 - Performance Metrics: KPIs and performance evaluation criteria

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Policies: Computer usage and information security policies

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Cost

Free to use

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