Estate Agent Employment Contract Template for Hong Kong

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Key Requirements PROMPT example:

Estate Agent Employment Contract

"I need an Estate Agent Employment Contract for a senior agent who will manage a team of 5 junior agents in our Hong Kong residential property division, with a combined base salary and commission structure, starting March 2025."

Document background
The Estate Agent Employment Contract is essential for formalizing the employment relationship between real estate agencies and licensed estate agents in Hong Kong. This document is used when hiring new estate agents or updating terms for existing agents, ensuring compliance with both the Employment Ordinance and Estate Agents Ordinance. It covers crucial aspects such as licensing requirements, commission structures, performance expectations, and professional conduct obligations. The contract is specifically tailored to Hong Kong's regulatory environment, incorporating requirements from the Estate Agents Authority and local employment laws. It's particularly important given the unique nature of estate agency work, which often involves commission-based compensation and specific professional licensing requirements.
Suggested Sections

1. Parties: Identification of the employer (estate agency company) and employee (estate agent)

2. Background: Context of the employment relationship and confirmation of agent's licensing status

3. Definitions: Key terms used throughout the agreement including 'Properties', 'Territory', 'Commission', etc.

4. Appointment and Term: Duration of employment, probation period, and renewal terms

5. Duties and Responsibilities: Core duties of the estate agent including compliance with Estate Agents Ordinance

6. Licensing Requirements: Obligation to maintain valid estate agent's license and related requirements

7. Remuneration: Base salary, commission structure, and payment terms

8. Working Hours and Leave: Standard working hours, rest days, and various types of leave entitlements

9. Confidentiality: Protection of company and client confidential information

10. Non-Competition: Restrictions during and after employment

11. Company Policies: Compliance with company policies, procedures, and code of conduct

12. Termination: Grounds for termination, notice periods, and consequences

13. Post-Termination Obligations: Return of company property, handover requirements

14. Governing Law: Hong Kong law as governing law and jurisdiction

Optional Sections

1. Overseas Work: Include when agent may need to work in mainland China or other jurisdictions

2. Team Leadership: Include for senior agents who will manage other agents

3. Property Management: Include if agent will handle property management duties

4. Special Client Relationships: Include if agent brings existing client relationships

5. Training Requirements: Include for junior agents requiring specific training

6. Car Allowance: Include if providing vehicle or transport allowance

7. Housing Allowance: Include if providing housing benefits

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission calculations and payment terms

2. Schedule 2 - Territory: Specific geographical areas or property types the agent is responsible for

3. Schedule 3 - Performance Targets: KPIs and sales targets

4. Schedule 4 - Benefits Package: Details of additional benefits, insurance coverage

5. Schedule 5 - Company Policies: Key company policies and procedures

6. Appendix A - Code of Ethics: Estate Agents Authority's Code of Ethics

7. Appendix B - Compliance Checklist: Regulatory compliance requirements and checklist

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

Real Estate

Property Development

Property Management

Professional Services

Financial Services

Commercial Property

Residential Property

Retail Property

Industrial Property

Relevant Teams

Human Resources

Legal

Compliance

Property Sales

Residential Sales

Commercial Sales

Leasing

Operations

Training

Recruitment

Relevant Roles

Estate Agent

Senior Estate Agent

Principal Estate Agent

Property Consultant

Real Estate Broker

Sales Director

Branch Manager

Property Negotiator

Real Estate Sales Manager

Leasing Consultant

Property Marketing Executive

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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