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Labour Hire Contract for Hong Kong

Labour Hire Contract Template for Hong Kong

A Labour Hire Contract governed by Hong Kong law establishes the legal framework for a three-way employment relationship between a labor hire company (the employer), a worker, and a host company where the work is performed. The document complies with Hong Kong's Employment Ordinance and related legislation, including provisions for mandatory provident fund, occupational safety, and personal data protection. It details the terms and conditions of employment, including responsibilities of all parties, remuneration, benefits, working hours, leave entitlements, and termination provisions, while ensuring compliance with Hong Kong's statutory requirements and labor regulations.

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Labour Hire Contract

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What is a Labour Hire Contract?

This Labour Hire Contract template is designed for use in Hong Kong's labor market where organizations require flexible staffing solutions through third-party employment arrangements. The document establishes the legal and operational framework for a three-way relationship between the labor hire company (as the legal employer), the worker, and the host company where services are performed. It incorporates requirements from Hong Kong's Employment Ordinance, Mandatory Provident Fund Schemes Ordinance, and other relevant legislation, while addressing practical aspects such as workplace safety, confidentiality, and data protection. This template is particularly useful for businesses seeking compliant and comprehensive documentation for their labor hire arrangements in Hong Kong, ensuring all parties' rights and obligations are clearly defined while maintaining flexibility in workforce management.

What sections should be included in a Labour Hire Contract?

1. Parties: Identifies the three parties to the agreement: the labor hire company (employer), the worker, and the host company

2. Background: Explains the context of the labor hire arrangement and the intention of the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Assignment', 'Host Company', 'Services', and 'Workplace'

4. Nature of Engagement: Specifies the terms of engagement, employment status, and relationship between parties

5. Duration of Agreement: Specifies the term of the agreement, including start date and whether fixed-term or ongoing

6. Services and Duties: Details the services to be provided by the worker and general duties and responsibilities

7. Location and Hours: Specifies workplace location(s) and working hours, including overtime provisions

8. Remuneration and Benefits: Details salary, payment terms, MPF contributions, and other benefits

9. Leave Entitlements: Specifies annual leave, sick leave, and other leave entitlements as per Employment Ordinance

10. Workplace Health and Safety: Outlines health and safety obligations of all parties

11. Confidentiality: Addresses confidentiality obligations regarding both the labor hire company and host company

12. Data Protection: Covers personal data handling and privacy requirements

13. Termination: Details circumstances and procedures for termination of the agreement

14. Governing Law: Specifies Hong Kong law as governing law and jurisdiction

What sections are optional to include in a Labour Hire Contract?

1. Mobility Clause: Required when worker may need to work at different host company locations

2. Non-Compete: Used when restricting worker from working directly for host company or competitors

3. Intellectual Property: Required when worker may create IP during assignments

4. Training Requirements: Used when specific training or certifications are required

5. Performance Review: Include when regular performance reviews are part of the arrangement

6. Insurance Coverage: Required when additional insurance beyond statutory requirements is provided

7. Commission Structure: Include for roles with commission-based compensation

8. Probation Period: Used when a probationary period applies

9. Vehicle/Equipment Provision: Required when company or personal vehicles/equipment are used in work

What schedules should be included in a Labour Hire Contract?

1. Schedule 1 - Assignment Details: Specific details of current assignment including host company, location, hours, and specific duties

2. Schedule 2 - Remuneration Schedule: Detailed breakdown of salary, allowances, and payment arrangements

3. Schedule 3 - Benefits Summary: List of all benefits and entitlements specific to the worker

4. Schedule 4 - Host Company Policies: Key host company policies that worker must comply with

5. Schedule 5 - Equipment List: List of any equipment provided by either labor hire company or host company

6. Appendix A - Code of Conduct: Standard code of conduct for workers

7. Appendix B - Safety Procedures: Workplace safety procedures and requirements

8. Appendix C - Timesheet Template: Standard timesheet format for recording hours worked

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 | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Cost

Free to use
Relevant legal definitions




























Clauses


































Relevant Industries

Construction

Manufacturing

Information Technology

Financial Services

Hospitality

Retail

Healthcare

Logistics and Transportation

Professional Services

Education

Facilities Management

Mining and Resources

Entertainment and Events

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Operations

Finance

Payroll

Risk Management

Workforce Planning

Employee Relations

Contract Administration

Project Management

Account Management

Relevant Roles

Temporary Staff Coordinator

HR Manager

Recruitment Consultant

Compliance Officer

Contract Administrator

Workforce Planning Manager

Employee Relations Specialist

Payroll Manager

Legal Counsel

Risk Manager

Operations Manager

Project Manager

Account Manager

Business Development Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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