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Indefinite Employment Contract

Indefinite Employment Contract Template for Hong Kong

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Key Requirements PROMPT example:

Indefinite Employment Contract

"I need an Indefinite Employment Contract for a senior executive position in Hong Kong, starting March 1, 2025, with strong non-compete and IP protection clauses, including provisions for annual bonus and stock options."

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Document background
This document serves as a standard indefinite employment contract for use in Hong Kong employment relationships. It is designed to comply with the Hong Kong Employment Ordinance and related employment legislation, providing a comprehensive framework for long-term employment relationships. The contract is suitable for both local and multinational companies operating in Hong Kong, incorporating mandatory local law requirements while maintaining flexibility for company-specific policies and benefits. It should be used when establishing new permanent employment relationships or converting fixed-term contracts to indefinite terms. The document addresses key aspects including statutory benefits, MPF requirements, leave entitlements, and termination provisions specific to Hong Kong law.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Position title, department, reporting line, and indefinite nature of employment

5. Duties and Responsibilities: Main responsibilities, duty of good faith, and compliance with company policies

6. Place of Work: Primary workplace location and potential for change

7. Hours of Work: Standard working hours, overtime arrangements, and rest day provisions

8. Remuneration: Base salary, payment frequency, and review process

9. Benefits: Mandatory benefits (MPF, insurance) and standard company benefits

10. Leave Entitlements: Annual leave, sick leave, and other statutory leave provisions

11. Termination: Notice periods, grounds for termination, and payment in lieu of notice

12. Post-Termination Obligations: Return of company property and continuing obligations

13. Confidentiality: Protection of confidential information and trade secrets

14. Data Protection: Handling of personal data and consent requirements

15. Entire Agreement: Integration clause and relationship to other documents

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

Optional Sections

1. Probation Period: Include when the employer wishes to implement an initial probation period

2. Commission/Bonus: Include for sales roles or positions with variable compensation

3. Non-Competition: Include for senior employees or those with access to sensitive information

4. Intellectual Property: Include for creative or technical roles where IP creation is expected

5. Mobility Clause: Include when employee may need to work from different locations

6. Garden Leave: Include for senior positions where protecting business interests during notice period is important

7. Stock Options/Share Schemes: Include if employee is eligible for company share schemes

8. Flexible Working: Include if remote or hybrid working arrangements are permitted

9. Multiple Employment: Include if restrictions on other employment are needed

Suggested Schedules

1. Job Description: Detailed outline of role responsibilities and requirements

2. Compensation Structure: Detailed breakdown of salary components and benefits

3. Company Policies: List of applicable policies and procedures

4. Benefit Plans: Details of insurance, MPF, and other benefit schemes

5. Code of Conduct: Company's code of conduct and ethical standards

6. IT and Communications Policy: Rules regarding use of company IT systems and communications

7. Reporting Structure: Organizational chart showing reporting relationships

8. Performance Metrics: KPIs and performance evaluation criteria

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
Clauses
Appointment
Duration
Probation
Duties and Responsibilities
Place of Work
Working Hours
Remuneration
Bonus and Commission
Benefits
Mandatory Provident Fund
Leave Entitlements
Medical Benefits
Expenses
Training
Performance Review
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Conflict of Interest
Company Property
Code of Conduct
Disciplinary Procedures
Grievance Procedures
Termination
Summary Dismissal
Garden Leave
Post-Termination Obligations
Notices
Severability
Amendments
Governing Law
Entire Agreement
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Professional Services

Healthcare

Education

Real Estate

Hospitality

Logistics

Construction

Media and Entertainment

Telecommunications

Insurance

Banking

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Administration

Compliance

Risk Management

Product Development

Business Development

Corporate Communications

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Head

Senior Manager

Manager

Assistant Manager

Supervisor

Officer

Executive

Administrator

Coordinator

Analyst

Specialist

Associate

Assistant

Representative

Consultant

Professional

Technician

Industries
Employment Ordinance (Cap. 57): The main legislation governing employment relationships in Hong Kong, covering wage protection, rest days, holidays, leave entitlements, termination of employment, and other employment protection provisions
Minimum Wage Ordinance (Cap. 608): Sets out the statutory minimum wage requirements for employees in Hong Kong
Mandatory Provident Fund Schemes Ordinance (Cap. 485): Establishes the mandatory retirement savings scheme system and outlines employer/employee contribution requirements
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and use of employees' personal data in the employment context
Occupational Safety and Health Ordinance (Cap. 509): Ensures workplace safety and health protection for employees
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination on the basis of sex, marital status, and pregnancy in employment
Disability Discrimination Ordinance (Cap. 487): Prohibits discrimination against persons with disabilities in employment
Family Status Discrimination Ordinance (Cap. 527): Prohibits discrimination against persons with family care responsibilities in employment
Race Discrimination Ordinance (Cap. 602): Prohibits discrimination on the grounds of race in employment
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Affects how third parties may enforce terms of the employment contract and should be considered in drafting
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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