Executive Employment Contract Template for Hong Kong

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Key Requirements PROMPT example:

Executive Employment Contract

"I need an Executive Employment Contract under Hong Kong law for hiring a new Chief Technology Officer in our fintech company, including comprehensive IP protection clauses and provisions for share options vesting over 4 years starting March 2025."

Document background
The Executive Employment Contract is a sophisticated legal document used when hiring senior-level executives in Hong Kong. It serves as the primary agreement governing the relationship between a company and its executive employees, incorporating both statutory requirements under Hong Kong law and common law principles. This document is essential for protecting both employer and executive interests, particularly in areas such as confidentiality, intellectual property rights, post-employment restrictions, and complex compensation arrangements. The contract typically requires review and approval from multiple stakeholders including the board of directors, legal counsel, and HR departments, and must comply with Hong Kong's Employment Ordinance while addressing specific corporate governance requirements.
Suggested Sections

1. Parties: Identification of the employer company and the executive employee

2. Background: Context of the employment relationship and appointment

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Position title, nature of appointment, and duration (fixed-term or ongoing)

5. Duties and Responsibilities: Executive's key responsibilities, reporting lines, and performance expectations

6. Place of Work: Primary work location and travel requirements

7. Hours of Work: Working hours expectations while acknowledging executive nature of role

8. Remuneration: Base salary, review mechanisms, and payment arrangements

9. Bonus and Incentives: Performance bonus, long-term incentives, and criteria for payment

10. Benefits: Insurance, MPF, leave entitlements, and other benefits

11. Expenses: Business expense reimbursement policy and procedures

12. Confidentiality: Protection of company confidential information

13. Intellectual Property: Ownership of work product and innovations

14. Non-Competition and Non-Solicitation: Post-employment restrictions on competitive activities

15. Termination: Grounds for termination, notice periods, and procedures

16. Garden Leave: Company's right to place executive on garden leave

17. Return of Company Property: Obligations upon termination

18. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Director Positions: Required if executive will serve on the board of directors or subsidiaries

2. Share Options: Include if executive is eligible for share option scheme

3. International Travel: Include if role requires significant international travel or assignments

4. Change of Control: Include provisions dealing with change in company ownership

5. Clawback Provisions: Include if company has policy on recouping incentive compensation

6. Data Protection: Detailed section if processing significant personal data or cross-border transfers

7. Corporate Policies: Reference to specific policies if company has comprehensive policy framework

8. Signing Bonus: Include if offering one-time signing bonus or relocation assistance

Suggested Schedules

1. Schedule 1 - Duties and Responsibilities: Detailed list of executive's duties and performance expectations

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

3. Schedule 3 - Share Option Terms: Details of any share option scheme participation

4. Schedule 4 - Restricted Activities: Specific details of restricted activities under non-compete clause

5. Appendix A - Company Policies: List of applicable company policies

6. Appendix B - Benefit Plans: Summary of applicable benefit plans and programs

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

Banking

Insurance

Technology

Real Estate

Manufacturing

Professional Services

Retail

Healthcare

Telecommunications

Hospitality

Trading and Logistics

Education

Construction

Energy

Relevant Teams

Legal

Human Resources

Board Secretariat

Compliance

Finance

Executive Management

Corporate Governance

Compensation & Benefits

Talent Acquisition

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Managing Director

Executive Director

Regional Director

Vice President

Senior Vice President

General Manager

Country Manager

Division Head

Executive Vice President

Chief Investment Officer

Chief Marketing Officer

Industries
Employment Ordinance (Cap. 57): Primary legislation governing employment relationships in Hong Kong, covering wages, rest days, holidays, leave entitlements, termination, and severance payments
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Governs how third parties may enforce terms of a contract, relevant for employment agreements involving multiple parties or corporate groups
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, use, and handling of personal data, crucial for employment relationships and data protection obligations
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on sex, marital status, and pregnancy in employment contexts
Disability Discrimination Ordinance (Cap. 487): Ensures fair treatment and prevents discrimination against persons with disabilities in employment
Mandatory Provident Fund Schemes Ordinance (Cap. 485): Requires employers and employees to make contributions to retirement funds, with specific provisions for executive compensation
Companies Ordinance (Cap. 622): Relevant if the executive will serve as a director, covering directors' duties, responsibilities, and corporate governance requirements
Occupational Safety and Health Ordinance (Cap. 509): Sets standards for workplace safety and health, applicable to all employment relationships
Employees' Compensation Ordinance (Cap. 282): Governs compensation for work-related injuries and diseases, requiring appropriate insurance coverage
Competition Ordinance (Cap. 619): Relevant for non-compete and confidentiality provisions often included in executive contracts
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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