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Employee Undertaking Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Employee Undertaking Agreement

"I need an Employee Undertaking Agreement for a Hong Kong technology startup, focusing heavily on protecting our software IP and trade secrets, with strong non-compete provisions for our senior developers who will have access to our core proprietary algorithms."

Document background
The Employee Undertaking Agreement is a crucial document used in Hong Kong employment relationships to establish and formalize an employee's commitments and obligations to their employer. It is typically implemented at the start of employment or when an employee's role changes significantly, particularly when they gain access to sensitive information or important business relationships. The agreement, governed by Hong Kong law, includes detailed provisions on confidentiality, intellectual property rights, data protection, and business protection measures such as non-solicitation clauses. It complements the main employment contract by providing specific, detailed commitments while ensuring compliance with Hong Kong's Employment Ordinance, Personal Data (Privacy) Ordinance, and other relevant legislation. This document is particularly important in Hong Kong's competitive business environment, where protection of trade secrets and business relationships is crucial for maintaining competitive advantage.
Suggested Sections

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 undertaking

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Company Property', etc.

4. Duration and Application: Specifies when the undertakings begin and how long they remain in effect

5. Confidentiality Obligations: Details the employee's obligations regarding confidential information, including use, storage, and non-disclosure

6. Intellectual Property Rights: Covers ownership and assignment of IP created during employment

7. Company Property: Obligations regarding company property, including return upon termination

8. Non-Solicitation: Restrictions on soliciting company employees, clients, or suppliers

9. Data Protection: Employee's obligations regarding personal and company data handling

10. General Provisions: Standard clauses including governing law, entire agreement, and severability

Optional Sections

1. Non-Competition: Restrictions on working for competitors - optional as may not be enforceable in all circumstances or necessary for all roles

2. External Activities: Restrictions on outside business activities - relevant for senior positions or specific industries

3. Social Media Policy: Guidelines for social media use - particularly relevant for marketing or public-facing roles

4. Specific Project Undertakings: Special obligations related to specific projects - used when employee works on sensitive or strategic projects

5. Training Obligations: Commitments regarding training costs and potential repayment - relevant when significant training investment is involved

6. Post-Employment Cooperation: Obligations to assist with transitions or legal proceedings after employment - important for senior roles

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list of what constitutes confidential information for the specific role

2. Schedule 2 - Restricted Clients: List of clients covered by non-solicitation provisions

3. Schedule 3 - Company Property: Inventory of company property provided to the employee

4. Schedule 4 - Specific Projects: Details of specific projects and related confidentiality requirements

5. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement

6. Appendix B - IP Assignment Form: Detailed form for assigning intellectual property rights to the company

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

Technology

Financial Services

Professional Services

Healthcare

Manufacturing

Research and Development

Telecommunications

Retail

Education

Media and Entertainment

Pharmaceuticals

Consulting

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Sales

Marketing

Finance

Operations

Customer Service

Product Development

Business Development

Administration

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Project Manager

Software Developer

Research Scientist

Sales Executive

Account Manager

Human Resources Manager

Marketing Director

Product Manager

Business Analyst

Data Scientist

Legal Counsel

Financial Analyst

Operations Manager

Customer Service Representative

Technical Support Specialist

Administrative Assistant

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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