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Non Employment Certificate Template for Hong Kong

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Key Requirements PROMPT example:

Non Employment Certificate

"I need a Non Employment Certificate for a software development contractor who worked on multiple projects between January 2025 and September 2025, including confirmation of their ownership of intellectual property rights and ability to work with other clients."

Document background
The Non-Employment Certificate is a critical document used in Hong Kong's business environment to formally establish and confirm that a working relationship was strictly on an independent contractor basis rather than employment. This document becomes particularly important in situations where there is a need to clearly document the nature of past business relationships, often for tax purposes, visa applications, or future business arrangements. The certificate typically includes detailed information about the period of engagement, nature of services provided, confirmation of independent business operations, and explicit statements about the contractor's responsibility for their own statutory obligations. Under Hong Kong law, this document helps protect both parties by clearly defining the historical nature of their business relationship and preventing potential misclassification disputes.
Suggested Sections

1. Declaration of Status: Clear statement declaring that the individual has never been an employee and is/was an independent contractor

2. Period of Engagement: Specific dates or time period to which the certificate relates

3. Nature of Relationship: Description of the business relationship and work arrangement

4. Confirmation of Understanding: Statement confirming the individual understands their status and implications

5. Independent Business Operations: Details of how the individual operates as an independent business

6. Tax and Statutory Obligations: Confirmation of responsibility for own tax and statutory payments

7. Execution Block: Signature sections for both parties with date and witness provisions

Optional Sections

1. Multiple Entity Declaration: Used when the certificate needs to cover relationship with multiple related entities

2. Intellectual Property Rights: Include when the contractor has created or worked with intellectual property

3. Confidentiality Confirmation: Add when the contractor had access to confidential information

4. Equipment and Resources: Include when clarification is needed about who provided work tools and resources

5. Other Client Relationships: Add when confirming the contractor's freedom to work with other clients

6. Professional Indemnity: Include when the contractor maintained their own professional insurance

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services provided during the contract period

2. Schedule 2 - Project List: List of specific projects or assignments undertaken

3. Schedule 3 - Payment History: Summary of payments made and billing arrangements

4. Appendix A - Supporting Documents: List of relevant supporting documents (e.g., invoices, contracts)

5. Appendix B - Insurance Certificates: Copies of relevant insurance certificates if applicable

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

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Relevant Industries

Technology

Finance

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Relevant Teams

Human Resources

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Project Management Office

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Relevant Roles

Freelance Consultant

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Project Manager

Business Analyst

Marketing Consultant

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Training Specialist

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IT Specialist

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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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