The Dual Employment Contract is utilized when an employee needs to be formally employed by both a Hong Kong entity and an overseas entity of the same corporate group. This arrangement is common in international organizations where employees perform duties for multiple group entities or require formal employment status in multiple jurisdictions. The document establishes clear parameters for the division of employment responsibilities, compensation, and benefits between the employing entities while ensuring compliance with Hong Kong employment laws and regulations. It is particularly relevant for senior executives, regional managers, and specialized professionals who have responsibilities spanning multiple jurisdictions or entity operations.
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1. Parties: Identification of the employee and both employing entities (Hong Kong employer and overseas employer)
2. Background: Context of the dual employment arrangement and relationship between the employing entities
3. Definitions: Key terms used throughout the agreement, including specific terminology related to dual employment
4. Term and Commencement: Duration of the agreement and start dates for both employment relationships
5. Roles and Responsibilities: Detailed description of the employee's duties under each employment relationship
6. Time Allocation: Specification of how working time is divided between the two employing entities
7. Remuneration Structure: Breakdown of salary and benefits from each employer, including payment arrangements
8. Benefits and Entitlements: Details of benefits provided by each employer, including leave, medical, and insurance coverage
9. Tax and Social Security: Arrangements for tax payments and social security contributions in relevant jurisdictions
10. Confidentiality: Obligations regarding confidential information of both employing entities
11. Intellectual Property: Ownership and rights to work product created under each employment relationship
12. Termination: Conditions and procedures for terminating either or both employment relationships
13. Governing Law: Specification of Hong Kong law as governing law and jurisdiction provisions
1. Mobility Clause: Required when the role involves travel between jurisdictions or potential relocation
2. Non-Competition: Include when protecting business interests in multiple jurisdictions is necessary
3. Split Reporting Structure: Needed when employee reports to different managers in each entity
4. Emergency Procedures: Include for roles involving high-risk activities or locations
5. Exchange Rate Provisions: Required when payments are made in multiple currencies
6. Data Protection: Include when personal data is processed across multiple jurisdictions
7. Visa and Immigration: Required when the employee needs work permits or visas
1. Schedule 1 - Remuneration Details: Detailed breakdown of salary components from each employer
2. Schedule 2 - Benefits Summary: Comprehensive list of benefits provided by each employer
3. Schedule 3 - Time Allocation Schedule: Detailed breakdown of working hours and days for each employer
4. Schedule 4 - Reporting Lines: Organization chart showing reporting relationships in both entities
5. Schedule 5 - Job Descriptions: Detailed role descriptions for positions with each employer
6. Appendix A - Company Policies: Relevant policies from both employing entities
7. Appendix B - Tax Information: Summary of tax obligations and arrangements
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