The Employment Agreement Form is a fundamental legal document used to establish and govern the employment relationship between organizations and their employees in Hong Kong. This template is designed to comply with the Employment Ordinance (Cap. 57) and other relevant Hong Kong employment legislation, including provisions for mandatory provident fund, data privacy, and anti-discrimination requirements. It serves as a comprehensive framework for documenting employment terms, protecting both employer and employee interests, and ensuring legal compliance in the Hong Kong jurisdiction. The document should be used when hiring new employees or formalizing existing employment relationships, and can be customized based on the specific role, industry requirements, and company policies while maintaining compliance with local employment laws.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Brief context about the employment relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Details of the position, job title, and whether fixed-term or permanent
5. Duties and Responsibilities: Overview of the employee's main duties, reporting lines, and work expectations
6. Place of Work: Primary workplace location and any mobility requirements
7. Hours of Work: Standard working hours, overtime provisions, and rest day arrangements
8. Remuneration: Base salary, payment frequency, and review process
9. Benefits: Standard benefits including leave entitlements, medical benefits, and MPF arrangements
10. Probation: Length of probationary period and conditions
11. Termination: Notice periods and grounds for termination
12. Post-Termination Obligations: Return of company property and ongoing obligations after employment ends
13. Confidentiality: Obligations regarding confidential information
14. Data Protection: Handling of personal data in compliance with PDPO
15. Governing Law: Specification of Hong Kong law as governing law
16. Entire Agreement: Standard boilerplate confirming this as the complete agreement
1. Restrictive Covenants: Non-compete and non-solicitation clauses, typically for senior roles or employees with access to sensitive information
2. Intellectual Property: IP assignment provisions, necessary for creative or technical roles
3. Commission Structure: For sales roles or positions with variable compensation
4. Overseas Travel: For roles requiring frequent business travel
5. Stock Options: For companies offering equity compensation
6. Flexible Working: For arrangements allowing remote work or flexible hours
7. Garden Leave: For senior positions where the company may want to keep the employee away from business during notice period
8. Bonus Arrangements: For roles with discretionary or performance-based bonuses
1. Schedule 1 - Compensation Details: Detailed breakdown of salary, allowances, and benefits
2. Schedule 2 - Job Description: Detailed description of roles, responsibilities, and KPIs
3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms
4. Schedule 4 - Bonus Scheme Rules: Detailed rules and calculations for any bonus arrangements
5. Schedule 5 - Benefits Summary: Detailed description of all benefits and entitlements
6. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
7. Appendix B - IT and Social Media Policy: Rules regarding use of company IT systems and social media
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