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Human Resources Consulting Services Agreement

Human Resources Consulting Services Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Human Resources Consulting Services Agreement

"I need a Human Resources Consulting Services Agreement for my Hong Kong-based fintech startup to engage a consultant for a 6-month organizational restructuring project starting March 2025, with specific provisions for data privacy and employee transition support."

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Document background
The Human Resources Consulting Services Agreement is a vital document for organizations seeking to engage external HR expertise in Hong Kong. It is typically used when a company requires specialized HR advisory services, organizational development support, recruitment assistance, HR policy development, or other HR-related consulting services. The agreement is designed to comply with Hong Kong's legal framework, including employment ordinances, data privacy laws, and business regulations. It provides comprehensive coverage of service scope, deliverables, professional fees, confidentiality obligations, and data protection requirements, while addressing specific considerations unique to the Hong Kong business environment. This document is essential for protecting both the consultant's and client's interests, ensuring clear expectations, and establishing professional service standards within Hong Kong's jurisdiction.
Suggested Sections

1. Parties: Identifies and provides full details of the consultant and the client company

2. Background: Outlines the context of the agreement, including the client's need for HR consulting services and the consultant's expertise

3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Deliverables', 'Confidential Information', and 'Intellectual Property Rights'

4. Scope of Services: Detailed description of the HR consulting services to be provided, including core deliverables and timelines

5. Consultant's Obligations: Key responsibilities and commitments of the consultant, including quality standards and professional conduct

6. Client's Obligations: Client's responsibilities including providing necessary information, access, and cooperation

7. Fees and Payment: Details of consulting fees, payment schedule, expenses, and invoicing procedures

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Confidentiality: Obligations regarding protection of confidential information and trade secrets

10. Data Protection: Compliance with Hong Kong's Personal Data (Privacy) Ordinance and data handling procedures

11. Intellectual Property: Ownership and rights to materials, deliverables, and pre-existing IP

12. Liability and Indemnity: Limitations of liability and indemnification provisions

13. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when services involve sensitive strategic information

2. Insurance: Requirements for professional indemnity and other insurance, important for high-value or high-risk consulting

3. Service Levels: Specific performance metrics and standards, used for longer-term or complex engagements

4. Change Control: Procedures for managing changes to scope or deliverables, useful for complex projects

5. Staff and Subcontractors: Rules regarding use of subcontractors and key personnel, important when specific expertise is required

6. Dispute Resolution: Detailed procedures for handling disputes, including mediation or arbitration, useful for high-value contracts

7. Force Majeure: Provisions for handling unforeseen circumstances, particularly relevant post-COVID

8. Anti-Corruption: Compliance with anti-corruption laws, important when working with public sector or regulated entities

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of specific HR consulting services and deliverables

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

3. Schedule 3 - Service Levels: Performance metrics, response times, and quality standards

4. Schedule 4 - Key Personnel: Details of key consultant team members and their roles

5. Appendix A - Data Processing Requirements: Specific procedures and requirements for handling personal data

6. Appendix B - Reporting Templates: Standard formats for progress reports and deliverables

7. Appendix C - Client Policies: Relevant client policies that consultant must comply with

8. Appendix D - Change Request Form: Template for requesting and documenting scope changes

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Professional Services

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Non-Profit

Construction

Hospitality

Transportation

Real Estate

Media and Entertainment

Telecommunications

Energy and Utilities

Relevant Teams

Human Resources

Legal

Procurement

Executive Leadership

Finance

Operations

Compliance

Risk Management

Corporate Services

Administration

Relevant Roles

HR Director

Chief Human Resources Officer

HR Manager

Legal Counsel

Procurement Manager

Chief Executive Officer

Chief Operating Officer

HR Consultant

Talent Acquisition Manager

Compensation and Benefits Manager

HR Business Partner

General Counsel

Contract Manager

Finance Director

Operations Manager

Industries
Employment Ordinance (Cap. 57): Primary employment legislation in Hong Kong governing employment relationships, minimum benefits, and employment protection. HR consultants need to ensure their advice complies with these requirements.
Personal Data (Privacy) Ordinance (Cap. 486): Regulates collection, handling, and use of personal data. Critical for HR consulting as it involves handling employee information and providing advice on data management practices.
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Governs how third parties may enforce terms of a contract. Relevant for consulting agreements where deliverables might affect client's employees.
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on sex, marital status, and pregnancy. HR consultants must ensure their advice complies with anti-discrimination laws.
Disability Discrimination Ordinance (Cap. 487): Prohibits discrimination against persons with disabilities. Relevant for HR consulting advice on recruitment, workplace accommodation, and employment practices.
Race Discrimination Ordinance (Cap. 602): Prohibits discrimination based on race. Essential for HR consulting advice on recruitment and workplace policies.
Business Registration Ordinance (Cap. 310): Governs business registration requirements in Hong Kong. Relevant for consultancy service providers operating in Hong Kong.
Supply of Services (Implied Terms) Ordinance (Cap. 457): Implies certain terms into contracts for services, including requirement for reasonable care and skill in service provision.
Minimum Wage Ordinance (Cap. 608): Sets minimum wage requirements. HR consultants need to consider this when advising on compensation structures.
Companies Ordinance (Cap. 622): Governs company operations in Hong Kong. Relevant for corporate governance aspects of HR consulting services.
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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