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New Employment Contract For Existing Employees for Hong Kong

New Employment Contract For Existing Employees Template for Hong Kong

A comprehensive employment contract template designed for use in Hong Kong, specifically tailored for transitioning existing employees to new employment terms while maintaining continuity of service. This document ensures compliance with Hong Kong employment legislation, including the Employment Ordinance (Cap. 57) and related regulations, while protecting both employer and employee interests. It includes essential provisions for remuneration, benefits, working conditions, confidentiality, and post-employment obligations, with particular attention to preserving accrued rights and benefits from the previous employment relationship.

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New Employment Contract For Existing Employees

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What is a New Employment Contract For Existing Employees?

The New Employment Contract For Existing Employees is designed for Hong Kong-based organizations needing to update or modify employment terms for their current workforce. This document type is particularly relevant during company restructuring, role changes, promotions, or when modernizing employment terms. It carefully balances the need to implement new terms while preserving employees' accrued rights and continuous service, ensuring compliance with Hong Kong's Employment Ordinance and related legislation. The contract includes provisions for maintaining historical benefits while introducing new terms, and specifically addresses the transition from previous employment terms to avoid any unintended termination of continuous employment. It's essential for risk management and maintaining clear employment relationships when updating terms for existing staff.

What sections should be included in a New Employment Contract For Existing Employees?

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

2. Background: Context of the new contract, including reference to existing employment relationship and date of original employment

3. Definitions: Key terms used throughout the contract, including company-specific terminology

4. Appointment and Term: Position, job title, reporting relationship, and confirmation of continuous service from original start date

5. Duties and Responsibilities: Main duties, responsibilities, and performance expectations of the role

6. Place of Work: Primary workplace location and any flexibility or mobility requirements

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

8. Remuneration and Benefits: Salary, bonus, allowances, and other benefits including MPF arrangements

9. Leave Entitlements: Annual leave, sick leave, maternity/paternity leave, and other types of leave

10. Medical Benefits: Health insurance coverage and medical benefits provisions

11. Confidentiality: Obligations regarding confidential information and trade secrets

12. Intellectual Property: Ownership and rights over work created during employment

13. Data Protection: Handling of personal data and privacy requirements

14. Termination: Notice periods, grounds for termination, and procedures

15. Post-Employment Obligations: Non-compete, non-solicitation, and other post-employment restrictions

16. Governing Law: Confirmation of Hong Kong law as governing law

17. Entire Agreement: Clause confirming this contract supersedes previous agreements while preserving continuous employment

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

1. Probation Period: Include only if a new probation period is required for the role change

2. Commission Structure: Include for sales or commission-based roles

3. Flexible Working Arrangements: Include if offering remote work or flexible hours options

4. Share Options/Equity: Include if employee is eligible for share options or equity participation

5. International Travel: Include if role requires regular international travel

6. Language Requirements: Include if specific language skills are essential for the role

7. Performance Bonus Structure: Include if role includes performance-based bonuses

8. Training Requirements: Include if role requires specific ongoing training or certifications

9. Garden Leave: Include for senior positions where garden leave might be required

What schedules should be included in a New Employment Contract For Existing Employees?

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

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary components, allowances, and benefits

3. Schedule 3 - Company Policies: List of applicable company policies and procedures

4. Schedule 4 - Restricted Activities: Detailed list of post-employment restrictions and non-compete obligations

5. Appendix A - Previous Contract Terms: Summary of key terms from previous contract that are being preserved or modified

6. Appendix B - Benefits Summary: Detailed description of all employee benefits and eligibility criteria

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

Professional Services

Manufacturing

Retail

Healthcare

Education

Real Estate

Telecommunications

Logistics

Construction

Media and Entertainment

Insurance

Hospitality

Trading and Distribution

Relevant Teams

Human Resources

Finance

Operations

Legal

Information Technology

Sales

Marketing

Customer Service

Research and Development

Product Development

Administration

Compliance

Risk Management

Business Development

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Department Head

Senior Manager

Manager

Assistant Manager

Senior Executive

Executive

Officer

Administrator

Coordinator

Specialist

Analyst

Associate

Assistant

Supervisor

Team Leader

Director

Vice President

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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