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Deferred Salary Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Deferred Salary Agreement

"I need a Deferred Salary Agreement for a senior investment manager in Hong Kong, with 30% of the monthly salary deferred for 3 years, including clawback provisions and performance-based vesting conditions."

Document background
The Deferred Salary Agreement is utilized when an employer and employee wish to establish a formal arrangement for deferring part of the employee's compensation to a future date. This arrangement is common in Hong Kong, particularly in financial services and professional services sectors, where it can serve various purposes including tax planning, employee retention, and alignment with long-term company performance. The agreement must comply with Hong Kong employment law, including the Employment Ordinance (Cap. 57) and relevant tax regulations. It typically includes detailed terms about the deferral mechanism, payment conditions, tax treatment, and MPF implications. This document is particularly relevant during employment contract negotiations, company restructuring, or implementation of new compensation schemes.
Suggested Sections

1. Parties: Identification of the employer and employee entering into the agreement

2. Background: Context of the agreement and employment relationship

3. Definitions: Key terms used throughout the agreement including Deferred Salary, Deferral Period, and Payment Date

4. Salary Deferral Arrangement: Core terms of the salary deferral including amount or percentage to be deferred and deferral period

5. Payment Terms: Conditions and timing for payment of the deferred salary

6. Tax Treatment: Clarification of tax implications and responsibilities

7. MPF Treatment: Impact on MPF contributions and calculations

8. Confidentiality: Obligations regarding the confidentiality of the agreement terms

9. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

10. Entire Agreement: Standard entire agreement clause

11. Execution: Signature blocks and execution details

Optional Sections

1. Investment of Deferred Amounts: Terms regarding how deferred amounts will be invested, if applicable

2. Early Termination Provisions: Specific provisions for early termination of employment

3. Change of Control: Provisions dealing with company ownership changes or restructuring

4. Vesting Schedule: If the deferred salary vests over time, detailed vesting conditions

5. Clawback Provisions: Terms allowing employer to recoup payments in specific circumstances

6. Assignment and Transfer: Restrictions on assignment or transfer of rights

7. Force Majeure: Provisions for extraordinary circumstances affecting the agreement

8. Amendment Procedure: Process for making changes to the agreement

Suggested Schedules

1. Schedule 1 - Calculation of Deferred Amount: Detailed formula and examples of how deferred amount is calculated

2. Schedule 2 - Payment Schedule: Detailed timeline of when deferred amounts will be paid

3. Schedule 3 - Tax Examples: Illustrations of tax treatment in different scenarios

4. Appendix A - Notification Form: Template for employee to notify changes affecting the agreement

5. Appendix B - Payment Election Form: Form for employee to specify payment preferences

6. Appendix C - Consent Form: Employee's consent to data processing and storage

Authors

Alex Denne

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

Relevant legal definitions



































Clauses




























Relevant Industries

Financial Services

Professional Services

Technology

Banking

Insurance

Asset Management

Consulting

Legal Services

Real Estate

Private Equity

Investment Banking

Relevant Teams

Human Resources

Legal

Finance

Compliance

Tax

Company Secretarial

Compensation & Benefits

Risk Management

Executive Office

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Executive Director

Senior Manager

Investment Manager

Portfolio Manager

Department Head

Vice President

Senior Vice President

Partner

Associate Director

Senior Consultant

Trading Manager

Sales Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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