This Non Fixed Term Employment Contract is essential for establishing permanent employment relationships in Hong Kong. It serves as the primary document governing the ongoing employment relationship between employers and employees, incorporating all requirements under the Hong Kong Employment Ordinance and related employment legislation. The contract is designed for situations where the employment is intended to continue indefinitely, subject to termination provisions. It includes mandatory provisions required by Hong Kong law while maintaining flexibility to accommodate various employment arrangements and benefits. This document is crucial for ensuring compliance with local employment regulations while protecting both employer and employee interests in a permanent employment arrangement.
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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 any relevant circumstances
3. Definitions: Key terms used throughout the agreement
4. Appointment and Duration: Job title, employment status, and commencement date
5. Duties and Responsibilities: Main duties, reporting lines, and work 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: Salary, payment schedule, and review process
9. Benefits: Statutory and additional benefits including MPF, insurance, and leave entitlements
10. Probation: Probationary period terms and conditions
11. Termination: Notice periods and termination procedures
12. Confidentiality: Protection of company confidential information
13. Data Protection: Handling of personal data in compliance with PDPO
14. Governing Law: Specification of Hong Kong law as governing law
15. Entire Agreement: Standard entire agreement clause
1. Post-termination Restrictions: Non-compete and non-solicitation clauses for senior or key employees
2. Intellectual Property: IP rights assignment for creative or technical roles
3. Commission Structure: For sales or commission-based roles
4. Bonus Scheme: For positions eligible for discretionary or performance bonuses
5. Overseas Travel: For roles requiring international travel
6. Medical Benefits: Additional medical coverage beyond statutory requirements
7. Stock Options: For companies offering employee share schemes
8. Flexible Working: For arrangements allowing remote or flexible working
9. Training Requirements: For roles requiring specific ongoing training or certifications
10. Language Requirements: For positions requiring specific language proficiencies
1. Job Description: Detailed outline of roles and responsibilities
2. Benefit Details: Comprehensive breakdown of all benefits and entitlements
3. Company Policies: Reference to key company policies affecting employment
4. Bonus Calculation: Detailed bonus calculation methodology if applicable
5. Restricted Activities: Detailed list of restricted activities post-employment
6. IT and Communications Policy: Guidelines for use of company IT systems and communication tools
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