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Expat Employment Contract for Hong Kong

Expat Employment Contract Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law, specifically designed for expatriate employees working in Hong Kong. The contract incorporates all requirements under the Hong Kong Employment Ordinance while addressing specific expatriate needs such as visa sponsorship, relocation assistance, housing allowances, and international benefits. It includes provisions for tax equalization, health insurance, education allowances for dependents, and repatriation terms, ensuring compliance with both local employment laws and international employment standards.

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What is a Expat Employment Contract?

This Expat Employment Contract template is designed for companies operating in Hong Kong who are hiring employees from overseas. It is particularly useful when engaging foreign professionals who require visa sponsorship and comprehensive expatriate benefits packages. The contract ensures compliance with Hong Kong employment legislation, including the Employment Ordinance (Cap. 57) and Immigration Ordinance (Cap. 115), while incorporating international best practices for expatriate arrangements. This document should be used when hiring foreign employees who will be based in Hong Kong, whether on a fixed-term or permanent basis, and includes provisions for relocation, housing, medical benefits, education allowances, and tax equalization where applicable.

What sections should be included in a Expat Employment Contract?

1. Parties: Identification of the employer and employee, including their 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 Term: Position title, employment status, commencement date, and contract duration

5. Duties and Responsibilities: Main responsibilities, reporting lines, and work location

6. Hours of Work: Standard working hours, flexibility requirements, and overtime arrangements

7. Probation Period: Length of probation and conditions for confirmation

8. Remuneration: Base salary, payment frequency, currency, and method of payment

9. Benefits: Standard benefits including medical insurance, travel allowance, and housing allowance

10. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements

11. Visa and Immigration: Company's responsibility for visa sponsorship and conditions

12. Relocation: Relocation assistance and repatriation terms

13. Confidentiality: Protection of company confidential information

14. Intellectual Property: Ownership of work product and innovations

15. Data Protection: Handling of personal data under Hong Kong's PDPO

16. Termination: Notice periods and grounds for termination

17. Post-Termination Obligations: Return of company property and ongoing confidentiality obligations

18. Governing Law: Hong Kong law as governing law and jurisdiction

What sections are optional to include in a Expat Employment Contract?

1. Bonus and Incentives: Details of discretionary bonuses, performance incentives, or commission structures - include for sales or senior roles

2. Equity Participation: Share options or other equity-based compensation - relevant for senior executives

3. Non-Competition: Post-employment restrictions on working for competitors - typically for senior roles

4. Non-Solicitation: Restrictions on soliciting employees or customers - for client-facing roles

5. International Tax Equalization: Tax equalization policy for cross-border income - for senior expatriates

6. Education Benefits: Schooling allowance for dependent children - common for family relocations

7. Flexible Working: Remote working or flexible arrangements - based on company policy

8. Emergency Evacuation: Procedures for political or medical emergencies - for high-risk locations

9. Secondment Terms: Terms specific to temporary assignments - for inter-company transfers

What schedules should be included in a Expat Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Breakdown of salary components, allowances, and payment structures

3. Schedule 3 - Benefits Summary: Comprehensive list of benefits and eligibility conditions

4. Schedule 4 - Relocation Package: Detailed relocation benefits and logistics support

5. Schedule 5 - Company Policies: Key company policies applicable to the employment

6. Appendix A - Tax Equalization Policy: Detailed policy on international tax arrangements

7. Appendix B - Housing Policy: Housing allowance terms and conditions

8. Appendix C - Education Support: Details of education assistance for dependents

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions














































Clauses
















































Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Education

Retail

Healthcare

Construction

Telecommunications

Logistics

Consulting

Real Estate

Energy

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Executive Management

Product Development

Business Development

Corporate Strategy

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Regional Director

Country Manager

Senior Software Engineer

Project Manager

Financial Controller

Technical Director

Sales Director

Operations Manager

Research Scientist

Professor

Senior Consultant

Investment Banker

Legal Counsel

Head of Marketing

Chief Technology Officer

Regional Sales Manager

Principal Architect

Senior Business Analyst

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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