Outsourced Employee Contract Template for Hong Kong

This Outsourced Employee Contract is designed for use in Hong Kong when engaging employees through an outsourcing agency for placement with client companies. The document complies with Hong Kong employment legislation, particularly the Employment Ordinance (Cap. 57), while addressing the complex nature of outsourced employment relationships. It is typically used when companies require flexible staffing solutions, specialized expertise, or project-based resources without direct employment obligations. The contract covers essential employment terms, assignment specifications, multi-party confidentiality requirements, data protection provisions, and clearly defined responsibilities between all parties. It includes provisions for various assignment types and durations, making it suitable for both short-term projects and long-term placements.

1. Parties: Identifies the three parties to the agreement: the Employee, the Outsourcing Agency (Employer), and the Client Company

2. Background: Sets out the context of the outsourcing arrangement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement, including 'Assignment', 'Client Company', 'Services', etc.

4. Appointment and Term: Details of the employment relationship, including start date, duration, and probation period if applicable

5. Nature of Assignment: Description of the employee's role, duties, and relationship with the client company

6. Work Location and Hours: Specifies primary work location(s) and standard working hours

7. Remuneration and Benefits: Details of salary, allowances, MPF, insurance, and other benefits

8. Reporting Structure: Clarifies dual reporting relationships between agency and client company

9. Leave Entitlements: Specifies various types of leave and procedures for requesting leave

10. Confidentiality: Obligations regarding confidential information of both agency and client company

11. Intellectual Property: Assignment of IP rights and works created during employment

12. Data Protection: Handling of personal data and consent for data sharing between parties

13. Non-Competition and Non-Solicitation: Restrictions during and after employment

14. Termination: Grounds and procedures for contract termination

15. Post-Termination Obligations: Obligations surviving the end of employment

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