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New Employment Contract for Hong Kong

New Employment Contract Template for Hong Kong

A comprehensive employment contract governed by Hong Kong law that establishes the formal employment relationship between an employer and employee. This document outlines all essential terms and conditions of employment including job responsibilities, compensation, benefits, working hours, leave entitlements, and termination provisions, while ensuring compliance with Hong Kong's Employment Ordinance and related employment legislation. It includes both mandatory provisions required by Hong Kong law and common commercial terms to protect both parties' interests.

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New Employment Contract

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What is a New Employment Contract?

This New Employment Contract is designed for use in Hong Kong to formalize the employment relationship between an employer and a new employee. It serves as the primary document defining the terms and conditions of employment, incorporating requirements under Hong Kong's Employment Ordinance and related employment legislation. The contract is suitable for both small and large organizations across various industries, providing a legally compliant framework for employment relationships in Hong Kong. It includes essential provisions such as compensation, benefits, working hours, and termination terms, while allowing flexibility to add specific clauses based on the role's seniority and nature. The document ensures protection for both employer and employee interests while maintaining compliance with local employment laws and regulations.

What sections should be included in a New Employment Contract?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and agreement purpose

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Job title, employment status (permanent/fixed term), commencement date, and probation period if applicable

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

6. Hours of Work: Standard working hours, rest days, and overtime arrangements

7. Remuneration: Base salary, payment frequency, deductions, and review process

8. Benefits: Mandatory and additional benefits including MPF, medical insurance, and other allowances

9. Leave Entitlements: Annual leave, sick leave, maternity/paternity leave and other statutory leaves

10. Termination: Notice periods, grounds for termination, and payment in lieu of notice

11. Post-Termination Obligations: Return of company property and continuing obligations after employment ends

12. Governing Law: Specification of Hong Kong law as governing law

13. Entire Agreement: Standard clause confirming the contract represents the entire agreement between parties

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

1. Bonus and Commission: For roles with variable compensation components, detailing bonus structure and commission schemes

2. Confidentiality: For positions with access to sensitive information, detailed confidentiality obligations

3. Non-Competition: For senior positions or roles with access to trade secrets, restrictions on working for competitors

4. Non-Solicitation: For client-facing or management roles, restrictions on soliciting clients or employees

5. Intellectual Property: For creative or technical roles, ownership of work products and inventions

6. Remote Working: For positions allowing work from home or flexible locations

7. Share Options: For senior positions or when share options are part of compensation

8. International Travel: For roles requiring frequent travel, terms regarding international assignments

9. Data Protection: For roles involving significant personal data processing

10. Garden Leave: For senior positions, provisions for garden leave during notice period

What schedules should be included in a New Employment Contract?

1. Schedule 1 - Job Description: Detailed breakdown of job responsibilities and requirements

2. Schedule 2 - Compensation Structure: Detailed breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms

4. Schedule 4 - Performance Metrics: KPIs and performance evaluation criteria

5. Schedule 5 - Benefit Plans: Details of insurance, MPF, and other benefit schemes

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Policy: Rules regarding use of company IT systems and equipment

8. Appendix C - Expense Policy: Guidelines for business expense claims and reimbursement

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

Retail

Professional Services

Healthcare

Education

Real Estate

Construction

Hospitality

Logistics

Media and Entertainment

Telecommunications

Insurance

Banking

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Procurement

Product Development

Business Development

Compliance

Risk Management

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

Entry-level Employee

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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