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Temp Agency Contract for Hong Kong

Temp Agency Contract Template for Hong Kong

This document is a comprehensive agreement governed by Hong Kong law that establishes the legal relationship between a temporary employment agency and a client company seeking temporary staffing services. It outlines the terms and conditions for the provision of temporary workers, including recruitment processes, payment terms, liability allocation, and compliance with Hong Kong employment regulations. The agreement addresses key aspects such as worker status, confidentiality, data protection, and insurance requirements while ensuring compliance with the Employment Ordinance and Employment Agency Regulations of Hong Kong.

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Temp Agency Contract

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What is a Temp Agency Contract?

The Temp Agency Contract is essential for businesses in Hong Kong that engage temporary workers through employment agencies. This agreement establishes the legal framework for the three-way relationship between the agency, client company, and temporary workers, ensuring compliance with Hong Kong's Employment Ordinance, Employment Agency Regulations, and other relevant legislation. It is particularly important in today's dynamic business environment where companies require workforce flexibility and specialized talent on demand. The contract covers crucial elements including service scope, fee structures, liability allocation, worker protection, and regulatory compliance. It should be used whenever a company plans to engage temporary workers through an employment agency in Hong Kong, providing clarity on responsibilities, risk management, and operational procedures.

What sections should be included in a Temp Agency Contract?

1. Parties: Identifies the contracting parties: the temporary employment agency and the client company

2. Background: Sets out the context of the agreement and the agency's business of providing temporary workers

3. Definitions: Defines key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Fees', etc.

4. Agency Services: Details the temporary staffing services to be provided by the agency, including recruitment, screening, and placement processes

5. Client Obligations: Specifies the client's responsibilities, including providing safe working conditions, necessary information, and supervision

6. Temporary Worker Status: Clarifies the employment relationship and confirms that temporary workers are employed by the agency

7. Fees and Payment Terms: Sets out the fee structure, payment schedule, and any additional charges

8. Confidentiality: Addresses the protection of confidential information between all parties

9. Data Protection: Ensures compliance with Hong Kong's Personal Data (Privacy) Ordinance

10. Insurance and Liability: Details insurance requirements and allocation of liability between parties

11. Term and Termination: Specifies contract duration and circumstances for termination

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Temp Agency Contract?

1. Non-Solicitation: Prevents direct hiring of temporary workers by the client, used when the agency wants to protect its workforce

2. Intellectual Property: Addresses ownership of IP created by temporary workers, important for technical or creative assignments

3. Performance Guarantees: Includes specific service levels or worker quality guarantees, used for high-value or specialized placements

4. International Assignments: Additional provisions for cross-border placements, used when workers may be assigned outside Hong Kong

5. Industry-Specific Compliance: Additional compliance requirements for regulated industries like financial services or healthcare

6. Volume Commitments: Minimum volume commitments and associated pricing tiers, used for large-scale staffing arrangements

What schedules should be included in a Temp Agency Contract?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, margins, and payment terms

2. Schedule 2 - Service Specifications: Detailed description of recruitment and placement processes

3. Schedule 3 - Required Worker Qualifications: Standard minimum qualifications and verification requirements for temporary workers

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Appendix A - Standard Assignment Terms: Template terms for individual worker assignments

6. Appendix B - Data Processing Agreement: Detailed terms for handling personal data in compliance with privacy laws

7. Appendix C - Health and Safety Requirements: Specific workplace safety requirements and responsibilities

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

Document Type

Employment Letter

Cost

Free to use
Relevant legal definitions















































Clauses













































Relevant Industries

Manufacturing

Financial Services

Technology

Retail

Healthcare

Construction

Logistics

Professional Services

Hospitality

Education

Media and Entertainment

Real Estate

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Risk Management

Finance

Talent Acquisition

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

Hiring Manager

Recruitment Specialist

Compliance Officer

Risk Manager

Contract Administrator

HR Business Partner

Talent Acquisition Manager

Chief Financial Officer

General Counsel

HR Operations 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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