The On Hire Labour Agreement is essential for businesses operating in Hong Kong that engage workers through labor hire arrangements. This document is specifically designed to comply with Hong Kong employment laws and regulations, including the Employment Ordinance (Cap. 57) and Employment Agency Regulations (Cap. 57A). It is typically used when a company needs to engage workers through a labor hire company for temporary assignments, project-based work, or flexible staffing arrangements. The agreement covers crucial aspects such as employment terms, assignment procedures, remuneration, benefits, working conditions, and clearly defines the responsibilities of all parties involved. This type of agreement is particularly important in protecting the interests of all parties while ensuring compliance with local employment laws, workplace safety regulations, and data privacy requirements.
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1. Parties: Identifies and defines the three main parties: the labor hire company, the worker, and the host company
2. Background: Explains the context of the agreement and the intention to establish an on-hire labor arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Assignment', 'Services', 'Work Location', etc.
4. Nature of Relationship: Clarifies the employment relationship between parties and explicitly states that the worker is employed by the labor hire company
5. Terms of Employment: Details the basic terms including position, duties, reporting lines, and work arrangements
6. Assignment Details: Specifies how assignments will be allocated, accepted, and managed
7. Remuneration and Benefits: Outlines salary, payment terms, MPF contributions, and other benefits
8. Working Hours and Leave: Specifies standard working hours, overtime arrangements, and leave entitlements
9. Health and Safety: Sets out workplace safety obligations and compliance requirements
10. Confidentiality: Addresses confidentiality obligations regarding both the labor hire company and host company
11. Data Protection: Covers handling of personal data in compliance with the Personal Data (Privacy) Ordinance
12. Termination: Details circumstances and procedures for termination of employment
13. Governing Law: Specifies Hong Kong law as governing law and jurisdiction
1. Mobility Clause: Include when workers may be required to work at different locations
2. Non-Competition: Include when there are restrictions on working for competitors
3. Intellectual Property: Include when workers may create IP during their employment
4. Training Requirements: Include when specific training or certifications are required
5. Performance Management: Include when specific performance review processes are needed
6. Equipment and Tools: Include when specific provisions about work equipment are needed
7. Insurance Coverage: Include when additional insurance beyond statutory requirements is provided
8. Bonus Schemes: Include when performance-based or other bonuses are offered
1. Schedule 1 - Standard Assignment Terms: Template terms that apply to all assignments
2. Schedule 2 - Rate Card: Details of pay rates, allowances, and other monetary benefits
3. Schedule 3 - Policies and Procedures: Key workplace policies and procedures to be followed
4. Schedule 4 - Benefits Summary: Detailed description of all employment benefits
5. Appendix A - Assignment Confirmation Form: Template form for confirming details of specific assignments
6. Appendix B - Timesheet Template: Standard timesheet format for recording work hours
7. Appendix C - Health and Safety Guidelines: Detailed safety procedures and requirements
8. Appendix D - Privacy Policy: Detailed policy on handling personal data
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