The Individual Employment Agreement is a fundamental document used to establish and govern the employment relationship between an employer and employee in Hong Kong. It serves as the primary contract defining the terms and conditions of employment, incorporating requirements from the Hong Kong Employment Ordinance and other relevant legislation. This agreement is essential for all new hires and should be executed before or at the commencement of employment. The document covers crucial aspects including position details, compensation, benefits, working hours, leave entitlements, termination provisions, and post-employment obligations. It also addresses modern workplace considerations such as data privacy, intellectual property rights, and flexible working arrangements where applicable.
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1. Parties: Identifies the employer and employee with their full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Details of the position, commencement date, and whether fixed-term or permanent
5. Duties and Responsibilities: Employee's role, reporting lines, and key responsibilities
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Hours of Work: Standard working hours, rest days, and overtime arrangements
8. Remuneration: Salary, payment schedule, and review process
9. Benefits: Mandatory and standard benefits including MPF, insurance, and leave entitlements
10. Probation: Probationary period terms and conditions
11. Termination: Notice periods and grounds for termination
12. Post-Employment Obligations: Return of company property and ongoing confidentiality obligations
13. Data Privacy: Handling of personal data in compliance with PDPO
14. Governing Law: Confirms Hong Kong law governs the agreement
15. Entire Agreement: Standard boilerplate confirming this as the complete agreement
1. Bonus and Commission: Include when the role includes variable compensation components
2. Share Options: Include for employees eligible for company share schemes
3. Mobility Clause: Include when employee may be required to work at different locations
4. Non-Competition: Include for senior employees or those with access to sensitive information
5. Intellectual Property: Include for roles involving creation of IP or creative work
6. Garden Leave: Include for senior positions where this might be necessary
7. Flexible Working: Include if remote or hybrid working arrangements are offered
8. International Assignment: Include if employee may be assigned overseas
9. Training Requirements: Include if specific certifications or training are required
10. Clawback Provisions: Include for roles with significant bonus or training investment
1. Schedule 1 - Job Description: Detailed description of the role and responsibilities
2. Schedule 2 - Compensation Structure: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Schedule 4 - Restricted Activities: Details of non-compete and non-solicitation restrictions
5. Schedule 5 - Benefits Summary: Detailed description of all benefits and entitlements
6. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
7. Appendix B - IT and Communications Policy: Rules regarding use of company IT systems and communications
8. Appendix C - Leave Policy: Detailed leave entitlements and procedures
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Real Estate
Construction
Hospitality
Logistics
Media and Entertainment
Telecommunications
Insurance
Banking
Relevant Teams
Human Resources
Finance
Legal
Operations
Information Technology
Sales
Marketing
Customer Service
Research and Development
Administration
Procurement
Product Development
Quality Assurance
Business Development
Strategy
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Managing Director
General Manager
Department Head
Senior Manager
Manager
Assistant Manager
Supervisor
Executive
Associate
Administrator
Coordinator
Specialist
Analyst
Officer
Assistant
Graduate Trainee
Intern
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