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Employee Outsourcing Agreement for Hong Kong

Employee Outsourcing Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions for employee outsourcing services between a client company and an outsourcing service provider. The agreement ensures compliance with Hong Kong employment regulations while defining the responsibilities, obligations, and rights of all parties involved. It covers crucial aspects such as service scope, management structure, compliance requirements, liability allocation, and operational procedures, all within the framework of Hong Kong's employment laws and business regulations.

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What is a Employee Outsourcing Agreement?

The Employee Outsourcing Agreement is essential for businesses operating in Hong Kong that seek to engage external workforce solutions while maintaining compliance with local regulations. This document is typically used when companies need flexible staffing solutions, want to focus on core business activities, or require specialized workforce management. The agreement addresses key aspects of Hong Kong employment law, including the Employment Ordinance, Employees' Compensation Ordinance, and data privacy requirements. It establishes clear frameworks for workforce management, liability allocation, and operational procedures while ensuring protection for all parties involved. The document is particularly relevant in today's dynamic business environment where companies increasingly rely on outsourced workforce solutions to maintain competitiveness and operational efficiency.

What sections should be included in a Employee Outsourcing Agreement?

1. Parties: Identifies the client company and the outsourcing service provider

2. Background: Explains the context and purpose of the agreement, including the client's need for outsourced employees

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the employee outsourcing services to be provided, including types of positions and functions

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Service Provider's Obligations: Outlines the outsourcing company's responsibilities including recruitment, HR management, and compliance

7. Client's Obligations: Specifies the client's responsibilities regarding outsourced employees and working conditions

8. Fees and Payment Terms: Details the fee structure, payment schedule, and related financial terms

9. Employment Compliance: Ensures compliance with Hong Kong employment laws and regulations

10. Supervision and Management: Establishes the framework for managing and supervising outsourced employees

11. Confidentiality: Protects confidential information of all parties

12. Data Protection: Ensures compliance with privacy laws and data protection requirements

13. Insurance and Liability: Specifies insurance requirements and allocation of liabilities

14. General Provisions: Contains standard legal provisions including governing law, notices, and entire agreement

What sections are optional to include in a Employee Outsourcing Agreement?

1. Intellectual Property Rights: Required when outsourced employees will be creating or handling intellectual property

2. Non-Competition: Include when there are concerns about competitive activities or employee poaching

3. Foreign Worker Provisions: Required when the agreement involves non-Hong Kong residents

4. Performance Metrics: Include when specific performance standards and KPIs are required

5. Training Requirements: Add when specific training or certification requirements exist

6. Security Requirements: Include for positions requiring specific security clearances or protocols

7. Disaster Recovery: Required for critical business functions or sensitive operations

8. Transition Services: Include when specific provisions for employee transitions are needed

What schedules should be included in a Employee Outsourcing Agreement?

1. Schedule 1 - Service Description: Detailed description of outsourcing services and position requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

3. Schedule 3 - Service Levels: Performance standards and metrics for service delivery

4. Schedule 4 - Key Personnel: List of key personnel and their roles from both parties

5. Schedule 5 - Compliance Requirements: Specific regulatory and compliance requirements

6. Schedule 6 - Operating Procedures: Detailed procedures for day-to-day operations and management

7. Appendix A - Required Forms: Standard forms for employment, compliance, and reporting

8. Appendix B - Insurance Requirements: Detailed insurance requirements and coverage specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Evaluation Form

Cost

Free to use

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