This Rolling Contract Employment agreement is designed for use in Hong Kong employment relationships where an ongoing, indefinite term of employment is intended. It serves as a comprehensive employment contract that complies with Hong Kong's Employment Ordinance and related legislation, suitable for establishing long-term employment relationships across various industries and positions. The document includes all mandatory employment terms required under Hong Kong law, such as wages, working hours, leave entitlements, and termination provisions, while also addressing modern workplace considerations like data privacy and intellectual property protection. It's particularly useful for businesses seeking to establish standardized employment terms while maintaining flexibility in the ongoing employment relationship.
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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: Definitions of key terms used throughout the contract
4. Appointment and Term: Details of the position, commencement date, and rolling contract nature
5. Duties and Responsibilities: Main responsibilities, reporting lines, and performance expectations
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Hours of Work: Standard working hours, rest days, and overtime arrangements
8. Remuneration: Salary, payment schedule, and review process
9. Benefits: Standard benefits including MPF, medical insurance, and other statutory benefits
10. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements
11. Termination: Notice periods, grounds for termination, and payment in lieu provisions
12. Confidentiality: Obligations regarding company confidential information
13. Data Protection: Handling of personal data in accordance with PDPO
14. Governing Law: Specification of Hong Kong law as governing law
15. Entire Agreement: Standard entire agreement clause
1. Probation Period: Include if a probation period is required, specifying duration and terms
2. Non-Competition: Include for senior positions or roles with access to sensitive information
3. Intellectual Property: Include for roles involving creative work or innovation
4. Bonus Scheme: Include if performance bonuses or commission structures apply
5. Remote Working: Include if remote work arrangements are permitted
6. Training Requirements: Include if specific training or qualifications are required
7. Garden Leave: Include for senior positions where garden leave might be necessary
8. Company Property: Include if significant company property is provided
9. International Travel: Include if role requires international travel
10. Share Options: Include if employee is eligible for share options or similar schemes
1. Schedule 1 - Job Description: Detailed description of role and responsibilities
2. Schedule 2 - Remuneration Details: Detailed breakdown of salary components and benefits
3. Schedule 3 - Company Policies: List of applicable company policies incorporated by reference
4. Schedule 4 - Performance Metrics: Specific KPIs or performance evaluation criteria
5. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
6. Appendix B - IT and Communications Policy: Rules regarding use of company IT systems and communication tools
Authors
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