Consulting Agreement With Former Employer Template for Hong Kong

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Key Requirements PROMPT example:

Consulting Agreement With Former Employer

"I need a Consulting Agreement With Former Employer for our retiring Chief Technology Officer who will provide strategic advisory services for 12 months starting January 2025, including knowledge transfer and mentoring of the incoming CTO, while ensuring protection of our intellectual property and allowing him to take on other consulting work."

Document background
The Consulting Agreement With Former Employer is designed for situations where an organization wishes to retain the expertise and knowledge of a former employee in a consulting capacity. This arrangement is common in Hong Kong's business environment, particularly in professional services and specialized industries. The document carefully navigates the transition from employment to consulting status, addressing key aspects such as confidentiality obligations, intellectual property rights, and potential conflicts of interest. It must comply with Hong Kong's legal framework, including the Employment Ordinance, Personal Data (Privacy) Ordinance, and Contract Law. This agreement is particularly valuable when organizations need to maintain access to specialized knowledge or facilitate knowledge transfer while allowing the former employee greater flexibility in their professional arrangements.
Suggested Sections

1. Parties: Identification of the former employer (as client) and former employee (as consultant)

2. Background: Context of previous employment relationship and rationale for consulting arrangement

3. Definitions: Key terms used throughout the agreement, including Services, Deliverables, Confidential Information

4. Appointment and Term: Scope of consultant appointment and duration of the agreement

5. Services: Detailed description of consulting services to be provided

6. Consultant's Obligations: Key responsibilities, standards of service, and compliance requirements

7. Client's Obligations: Support, information, and resources to be provided by the former employer

8. Fees and Payment: Compensation structure, payment terms, and expenses

9. Intellectual Property: Ownership and rights to work products created during consulting

10. Confidentiality: Protection of confidential information, including from previous employment

11. Data Protection: Compliance with Hong Kong's Personal Data (Privacy) Ordinance

12. Conflict of Interest: Management of potential conflicts with previous role and other clients

13. Termination: Grounds and process for ending the agreement

14. Post-Termination Obligations: Continuing obligations after agreement ends

15. General Provisions: Standard clauses including notices, amendments, governing law

Optional Sections

1. Non-Competition: Additional restrictions on competing activities, if not covered by previous employment agreements

2. Insurance: Requirements for professional indemnity or other insurance coverage

3. Performance Metrics: Specific KPIs or service levels, if required for the consulting arrangement

4. Compliance with Industry Regulations: For regulated industries or specific compliance requirements

5. Assignment and Subcontracting: If consultant may need to delegate or transfer rights

6. Force Majeure: For arrangements requiring specific provisions for unforeseen circumstances

7. Audit Rights: If client requires rights to audit consultant's work or records

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services and deliverables

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule 3 - Service Levels: Performance standards and metrics if applicable

4. Schedule 4 - Previous Employment Terms Reference: Relevant continuing obligations from previous employment

5. Schedule 5 - Approved Additional Clients: List of pre-approved other clients if applicable

6. Appendix A - Form of Invoice: Template for consultant invoices

7. Appendix B - Compliance Checklist: Required compliance measures and certifications

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Professional Services

Technology

Management Consulting

Banking

Insurance

Real Estate

Manufacturing

Healthcare

Education

Legal Services

Telecommunications

Relevant Teams

Legal

Human Resources

Finance

Compliance

Operations

Research & Development

Information Technology

Business Development

Risk Management

Procurement

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Department Head

Technical Specialist

Project Manager

Senior Advisor

Business Development Director

Operations Manager

Research Director

Principal Consultant

Senior Engineer

Investment Manager

Legal Counsel

Human Resources Director

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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