Sales Manager Employment Contract Template for Hong Kong

The Sales Manager Employment Contract is designed for use when hiring or promoting individuals into sales management positions within organizations operating in Hong Kong. This document serves as a legally binding agreement that outlines the employment relationship, responsibilities, and terms between the company and the sales manager. It includes essential provisions required by Hong Kong employment law, such as statutory benefits, working hours, and leave entitlements, while also incorporating sales-specific elements like commission structures, sales targets, and territory management. The contract is particularly important for establishing clear performance expectations, protecting company interests through confidentiality and non-compete clauses, and ensuring compliance with local regulations including the Employment Ordinance and Personal Data (Privacy) Ordinance.

1. Parties: Identifies the employer company and the sales manager, including their respective addresses and registration details

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

3. Definitions: Defines key terms used throughout the contract, including sales-specific terminology

4. Appointment and Term: Details of the position, employment status, and duration (fixed-term or permanent)

5. Duties and Responsibilities: Comprehensive description of the sales manager's role, reporting lines, and key performance areas

6. Work Location and Hours: Specified workplace(s) and standard working hours, including flexibility requirements

7. Compensation and Benefits: Base salary, commission structure, bonus schemes, and statutory benefits

8. Sales Targets and Performance Metrics: Defines sales goals, KPIs, and performance evaluation criteria

9. Leave Entitlements: Annual leave, sick leave, and other types of leave as per Hong Kong law

10. Confidentiality: Protection of company's confidential information and trade secrets

11. Intellectual Property: Ownership of work products and customer relationships

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

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

14. Data Protection: Compliance with Personal Data (Privacy) Ordinance and data handling obligations

15. Governing Law: Confirmation of Hong Kong law as governing law and jurisdiction