The Probationary Employment Agreement is a crucial document used at the commencement of an employment relationship in Hong Kong. It serves as the primary contract during an employee's probationary period, typically ranging from three to six months. This document is essential for establishing clear terms and expectations while ensuring compliance with Hong Kong's Employment Ordinance and related employment legislation. It should be used whenever a new employee is hired with an initial probationary period, which is standard practice in Hong Kong. The agreement covers fundamental aspects such as duties, compensation, benefits, and termination provisions, while also addressing specific requirements for the probationary period, including performance evaluation criteria and conditions for permanent employment confirmation.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Probationary Period: Details of the position and duration of probation (typically 3-6 months)
5. Duties and Responsibilities: Overview of the employee's role, reporting structure, and key responsibilities
6. Working Hours and Location: Standard working hours, location, and any flexibility arrangements
7. Remuneration and Benefits: Salary, payment schedule, MPF, and any benefits during probation
8. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements
9. Termination During Probation: Notice periods and procedures for termination during probation
10. Post-Probation Employment: Terms of continued employment after successful probation
11. Confidentiality: Protection of company confidential information
12. Data Privacy: Handling of personal data in accordance with PDPO
13. Governing Law: Specification of Hong Kong law as governing law
14. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
1. Intellectual Property Rights: Required for roles involving creation of IP or creative work
2. Non-Competition: For senior roles or positions with access to sensitive information
3. Work Equipment: When company provides specific tools or equipment
4. Commission Structure: For sales or commission-based roles
5. Performance Targets: When specific KPIs are part of probation assessment
6. Training Requirements: When specific training must be completed during probation
7. Overseas Travel: For roles requiring business travel
8. Medical Benefits: If medical coverage is provided during probation
1. Schedule 1 - Job Description: Detailed description of roles, responsibilities and requirements
2. Schedule 2 - Remuneration Details: Breakdown of salary components, allowances and benefits
3. Schedule 3 - Company Policies: Key company policies applicable during probation
4. Schedule 4 - Performance Metrics: Specific KPIs and evaluation criteria for probation
5. Appendix A - Code of Conduct: Company's code of conduct and ethical requirements
6. Appendix B - IT Policies: IT usage policies and security requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Retail
Manufacturing
Professional Services
Healthcare
Education
Real Estate
Hospitality
Logistics
Construction
Media and Entertainment
Telecommunications
Insurance
Legal Services
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Customer Service
Business Development
Administration
Product Development
Quality Assurance
Risk Management
Compliance
Relevant Roles
Executive Director
Manager
Associate
Analyst
Administrator
Coordinator
Specialist
Officer
Supervisor
Assistant
Developer
Engineer
Consultant
Sales Representative
Account Manager
Operations Manager
HR Executive
Marketing Executive
Financial Analyst
Research Associate
Project Manager
Technical Support Specialist
Customer Service Representative
Business Development Manager
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