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Overseas Employment Contract for Hong Kong

Overseas Employment Contract Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law, designed for engaging employees from overseas jurisdictions. This contract complies with Hong Kong's Employment Ordinance and Immigration Ordinance while addressing the specific requirements of international employment relationships. It covers essential employment terms including remuneration, benefits, visa obligations, and working conditions, with particular attention to cross-border employment aspects such as relocation, housing, and international payments. The document includes provisions for ensuring compliance with both Hong Kong employment regulations and relevant immigration requirements.

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What is a Overseas Employment Contract?

The Overseas Employment Contract is essential for Hong Kong companies hiring employees from foreign jurisdictions. It serves as the primary document governing the employment relationship while ensuring compliance with Hong Kong's employment and immigration laws. This contract type is particularly important given Hong Kong's status as a global business hub and its frequent need to engage international talent. The document addresses unique aspects of overseas employment including visa sponsorship, relocation terms, cross-border payment arrangements, and specific benefits typically offered to international hires. It must comply with the Hong Kong Employment Ordinance while incorporating international best practices for expatriate employment. The contract is designed to protect both employer and employee interests while providing clear terms for the cross-border employment relationship.

What sections should be included in a Overseas Employment Contract?

1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant identification numbers

2. Background: Context of the employment relationship, including the nature of the employer's business and the purpose of hiring an overseas employee

3. Definitions: Key terms used throughout the contract, including relevant employment-specific terminology

4. Position and Duties: Job title, role description, reporting lines, and key responsibilities

5. Term of Employment: Duration of employment, including start date, probationary period if any, and whether fixed-term or continuous

6. Place of Work: Primary work location and any travel requirements

7. Working Hours: Standard working hours, rest periods, and overtime arrangements

8. Remuneration: Base salary, payment schedule, currency, and method of payment

9. Benefits: Mandatory benefits under Hong Kong law and additional benefits package

10. Leave Entitlements: Annual leave, sick leave, public holidays, and other types of leave

11. Immigration Requirements: Visa obligations, work permit requirements, and related responsibilities

12. Termination: Notice periods, grounds for termination, and procedures

13. Confidentiality: Protection of employer's confidential information and trade secrets

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

15. Entire Agreement: Standard clause confirming the contract represents the entire agreement between parties

What sections are optional to include in a Overseas Employment Contract?

1. Relocation Package: Details of relocation assistance, applicable when employee needs to relocate for the position

2. Housing Allowance: Terms of housing benefits, if provided

3. Education Allowance: Education benefits for employee's children, if applicable

4. Tax Equalization: Tax arrangements and support, particularly relevant for senior expatriate positions

5. Post-termination Restrictions: Non-compete and non-solicitation clauses, typically for senior positions

6. Foreign Exchange Provisions: Currency exchange arrangements, relevant when salary is paid in multiple currencies

7. Emergency Evacuation: Procedures and coverage for emergency situations, relevant for high-risk locations

8. Intellectual Property: IP rights and assignments, particularly important for technical or creative roles

9. Training Requirements: Specific training or certification requirements for the role

10. Commission Structure: Details of commission arrangements for sales or similar roles

What schedules should be included in a Overseas Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Breakdown of salary components, allowances, and benefits

3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms

4. Schedule 4 - Relocation Terms: Detailed terms of relocation package if applicable

5. Appendix A - Required Documentation: List of required documents for employment and immigration purposes

6. Appendix B - Benefits Summary: Detailed description of all benefits and eligibility conditions

7. Appendix C - Emergency Contacts: Emergency contact information and procedures

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

Document Type

Authorization Form

Cost

Free to use

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