The Standard Employment Contract Form serves as a fundamental legal document for establishing employment relationships in Hong Kong. It is designed to comply with the Employment Ordinance (Cap. 57) and other relevant Hong Kong employment legislation, providing a comprehensive framework for both employers and employees. This document should be used when hiring new employees or formalizing existing employment relationships in Hong Kong, ensuring all statutory requirements are met while protecting both parties' interests. The contract includes mandatory provisions regarding wages, working hours, leave entitlements, and termination procedures, as well as optional clauses that can be customized based on specific employment circumstances or industry requirements.
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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 purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Appointment and Term: Job title, position, employment start date, and whether fixed-term or continuous
5. Duties and Responsibilities: Main duties, reporting lines, and general responsibilities of the position
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 method of payment
9. Benefits: Mandatory benefits including MPF, holidays, paid leave, and sick leave entitlements
10. Probation Period: Length of probation and terms applicable during this period
11. Termination: Notice periods and grounds for termination by either party
12. Confidentiality: Obligations regarding company confidential information
13. Data Protection: Handling of personal data in accordance with PDPO
14. Governing Law: Specification of Hong Kong law as governing law
1. Non-Competition: Post-employment restrictions, used for senior positions or roles with access to sensitive information
2. Bonus and Commission: Details of any variable compensation, used when role includes performance-based pay
3. Intellectual Property: IP rights assignment, used for creative or technical roles
4. Overseas Travel: Travel requirements and arrangements, used for roles involving business travel
5. Training: Training requirements and obligations, used when specific qualifications or training are required
6. Flexible Working: Remote work or flexible arrangements, used when alternative working patterns are allowed
7. Medical Benefits: Additional health insurance or medical benefits, used when offering above statutory requirements
8. Share Options: Employee share scheme participation, used for senior executives or when company offers equity incentives
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations
2. Schedule 2 - Remuneration 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 - Code of Conduct: Expected standards of behavior and professional conduct
5. Appendix A - Leave Entitlements: Detailed breakdown of various leave types and entitlements
6. Appendix B - Expense Policy: Guidelines for business expense claims and reimbursement procedures
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