The Consulting Agreement With Former Employer is designed for situations where an organization wishes to retain the expertise and knowledge of a former employee in a consulting capacity. This arrangement is common in Hong Kong's business environment, particularly in professional services and specialized industries. The document carefully navigates the transition from employment to consulting status, addressing key aspects such as confidentiality obligations, intellectual property rights, and potential conflicts of interest. It must comply with Hong Kong's legal framework, including the Employment Ordinance, Personal Data (Privacy) Ordinance, and Contract Law. This agreement is particularly valuable when organizations need to maintain access to specialized knowledge or facilitate knowledge transfer while allowing the former employee greater flexibility in their professional arrangements.
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1. Parties: Identification of the former employer (as client) and former employee (as consultant)
2. Background: Context of previous employment relationship and rationale for consulting arrangement
3. Definitions: Key terms used throughout the agreement, including Services, Deliverables, Confidential Information
4. Appointment and Term: Scope of consultant appointment and duration of the agreement
5. Services: Detailed description of consulting services to be provided
6. Consultant's Obligations: Key responsibilities, standards of service, and compliance requirements
7. Client's Obligations: Support, information, and resources to be provided by the former employer
8. Fees and Payment: Compensation structure, payment terms, and expenses
9. Intellectual Property: Ownership and rights to work products created during consulting
10. Confidentiality: Protection of confidential information, including from previous employment
11. Data Protection: Compliance with Hong Kong's Personal Data (Privacy) Ordinance
12. Conflict of Interest: Management of potential conflicts with previous role and other clients
13. Termination: Grounds and process for ending the agreement
14. Post-Termination Obligations: Continuing obligations after agreement ends
15. General Provisions: Standard clauses including notices, amendments, governing law
1. Non-Competition: Additional restrictions on competing activities, if not covered by previous employment agreements
2. Insurance: Requirements for professional indemnity or other insurance coverage
3. Performance Metrics: Specific KPIs or service levels, if required for the consulting arrangement
4. Compliance with Industry Regulations: For regulated industries or specific compliance requirements
5. Assignment and Subcontracting: If consultant may need to delegate or transfer rights
6. Force Majeure: For arrangements requiring specific provisions for unforeseen circumstances
7. Audit Rights: If client requires rights to audit consultant's work or records
1. Schedule 1 - Services Description: Detailed scope of services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms
3. Schedule 3 - Service Levels: Performance standards and metrics if applicable
4. Schedule 4 - Previous Employment Terms Reference: Relevant continuing obligations from previous employment
5. Schedule 5 - Approved Additional Clients: List of pre-approved other clients if applicable
6. Appendix A - Form of Invoice: Template for consultant invoices
7. Appendix B - Compliance Checklist: Required compliance measures and certifications
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