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1. Parties: Identifies the current employer (transferor), new employer (transferee), and the transferring employee
2. Background: Explains the context and purpose of the transfer, including any broader corporate restructuring if relevant
3. Definitions: Defines key terms used throughout the agreement, including Transfer Date, Current Employment, New Employment, etc.
4. Transfer of Employment: Details the mechanism and effective date of the transfer, including confirmation of continuous employment
5. Continuity of Employment: Confirms that employment is continuous and previous service is recognized
6. Employment Terms: Specifies the terms and conditions of employment with the new employer
7. Statutory Entitlements: Addresses continuation of statutory benefits including MPF, annual leave, and sick leave
8. Employee Warranties: Employee's confirmations regarding their current employment status and any obligations
9. Employer Obligations: Details both current and new employer's obligations regarding the transfer
10. Data Protection: Addresses the handling and transfer of personal data in compliance with PDPO
11. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
12. Execution: Signature blocks for all parties
1. Restrictive Covenants: Include when transferring senior employees or those with access to confidential information
2. International Considerations: Required for cross-border transfers addressing visa/immigration status
3. Group Company Provisions: Include when transfer involves related group companies and group-wide policies
4. Intellectual Property: Include when employee has created or manages intellectual property
5. Bonus and Incentive Plans: Include when addressing complex compensation arrangements or long-term incentive plans
6. Secondment Provisions: Include when the transfer involves a temporary secondment arrangement
1. Schedule 1 - Current Employment Terms: Detailed list of current employment terms and benefits
2. Schedule 2 - New Employment Terms: Detailed list of new employment terms and benefits, highlighting any changes
3. Schedule 3 - Outstanding Entitlements: List of accrued benefits, outstanding leave, and other entitlements
4. Schedule 4 - Employee Information: Personal and employment details of the transferring employee
5. Appendix A - Consent Forms: Required forms for data transfer and other statutory consents
6. Appendix B - Handover Plan: Timeline and process for employment transfer and handover of responsibilities
Banking and Financial Services
Technology
Manufacturing
Professional Services
Retail
Healthcare
Education
Construction
Telecommunications
Insurance
Real Estate
Logistics and Transportation
Hospitality
Media and Entertainment
Human Resources
Legal
Compliance
Employee Relations
Corporate Secretarial
Risk Management
Operations
Talent Management
Human Resources Director
Legal Counsel
Compliance Officer
HR Manager
Employee Relations Manager
Talent Acquisition Manager
HR Business Partner
Legal Manager
Company Secretary
Risk Manager
Operations Manager
Department Head
Senior Executive
Managing Director
Chief Human Resources Officer
Chief Legal Officer
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