Self Employed Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Self Employed Agreement

"I need a Self Employed Agreement for a software developer based in Hong Kong who will be working remotely on our fintech project for 6 months starting January 2025, with specific provisions for source code ownership and data security compliance."

Document background

This Self-Employed Agreement is designed for use in Hong Kong when engaging independent contractors or freelancers to provide services to a company. It's particularly relevant in today's evolving business landscape where organizations increasingly rely on flexible workforce arrangements. The document carefully addresses the distinction between employment and self-employment under Hong Kong law, incorporating necessary provisions for tax compliance, personal data protection, and intellectual property rights. It's structured to protect both parties' interests while maintaining the contractor's independence, making it suitable for various professional services and project-based engagements. The agreement includes essential elements required by Hong Kong legislation and common law principles, ensuring a clear framework for the contractor relationship while minimizing the risk of misclassification as employment.

Suggested Sections

1. Parties: Identification of the contracting parties - the company/client and the self-employed contractor

2. Background: Context of the agreement and confirmation of contractor's self-employed status

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Scope of appointment, commencement date, and duration of the agreement

5. Services: Detailed description of services to be provided by the contractor

6. Contractor's Obligations: Key responsibilities, quality standards, and performance requirements

7. Company's Obligations: Client's responsibilities, including provision of information and access

8. Fees and Payment Terms: Compensation structure, payment schedule, and expenses policy

9. Independence and Status: Clear statement of contractor's independent status and tax responsibilities

10. Intellectual Property: Ownership and rights regarding work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnity: Risk allocation, insurance requirements, and indemnification provisions

13. Termination: Grounds for termination and consequences

14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when contractor has access to sensitive information or clients

2. Data Protection: Specific provisions for handling personal data, required when processing personal information

3. Equipment and Resources: Provisions regarding tools and resources, needed when specific equipment is required

4. Performance Metrics: Specific KPIs and quality standards, used for complex or long-term engagements

5. Substitute and Subcontracting: Right to provide substitutes or subcontract, included when relevant to service delivery

6. Insurance: Detailed insurance requirements, necessary for high-risk services

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

8. Dispute Resolution: Specific dispute resolution procedures, useful for high-value or complex arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and specifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment terms, and expense policies

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

4. Schedule 4 - Company Policies: Relevant company policies contractor must comply with

5. Appendix A - Required Insurance: Specific insurance types and coverage amounts

6. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Professional Services

Consulting

Creative Industries

Financial Services

Education

Healthcare

Construction

Media and Entertainment

Digital Marketing

Real Estate

Engineering

Relevant Teams

Human Resources

Legal

Procurement

Finance

Operations

Project Management Office

Information Technology

Marketing

Business Development

Research and Development

Relevant Roles

Freelance Consultant

Independent Software Developer

Contract Project Manager

Self-Employed Designer

Independent Business Analyst

Freelance Content Writer

Contract Digital Marketing Specialist

Independent Financial Advisor

Freelance Trainer

Contract Research Analyst

Independent Sales Representative

Freelance Artist

Contract IT Specialist

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Let's create your Self Employed Agreement

Authors

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