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Sample Employment Contract Template

This sample employment contract outlines the terms and conditions between an employer and employee, including: - The commencement date and duration of employment (fixed term or until terminated) - Details of the employee's position, place of work, working hours, meal breaks and rest days - The employee's wages, payment schedule, overtime compensation, holidays, annual leave, sickness allowance, maternity/paternity benefits and end of year payment - Guidelines for terminating the employment contract and both parties' contributions to the Mandatory Provident Fund Scheme.

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0% found this document useful (0 votes)
45 views6 pages

Sample Employment Contract Template

This sample employment contract outlines the terms and conditions between an employer and employee, including: - The commencement date and duration of employment (fixed term or until terminated) - Details of the employee's position, place of work, working hours, meal breaks and rest days - The employee's wages, payment schedule, overtime compensation, holidays, annual leave, sickness allowance, maternity/paternity benefits and end of year payment - Guidelines for terminating the employment contract and both parties' contributions to the Mandatory Provident Fund Scheme.

Uploaded by

Rebe
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Sample Employment Contract

This contract of employment is entered into between _____________________________________(hereinafter

referred to as “Employer”) and__________________________________________ (hereinafter referred to as

“Employee”) on _____________________________________ (date) under the terms and conditions of employment

below :

1. Commencement Effective from ________________________________________________________________


of Employment †  until either party terminates the contract
 for a fixed term contract for a period of ___________ * day(s) / week(s) / month(s) / year(s),
ending on ___________________________

2. Probation Period †  No  Yes __________________ * day(s) / week(s) / month(s)


3. Position and
Section Employed

4. Place of Work

5. Working Hours †  Fixed, at ________________________ days per week, ________________ hours per day,
from ________________ *am / pm to ________________ *am / pm
and ________________ *am / pm to ________________ *am / pm
 Shift work required, _________________ hours per day,
from ________________ *am / pm to ________________ *am / pm
and ________________ *am / pm to ________________ *am / pm
 Shift work required, at _______ working day(s) per *week/ month, totalling ______ hour(s)
 Others ____________________________________________________________________
(please specify details of working hours arrangement, total working hours, etc.)

6. Meal Break †  Fixed, from ______________ *am / pm to _______________ *am / pm, *with / without pay
 Not-fixed, at _________________ *minutes / hour(s) per day, *with / without pay
Meal break *is / is not counted as working hour(s)

7. Rest Days †  On every _________________, *with / without pay


 On rotation, ______________ day(s) per *week / month, *with / without pay
(The Employee is entitled to not less than 1 rest day in every period of 7 days)

8. Wages
(a) wage rate † Basic wages of $ ___________________ per *hour / day / week / month;
plus the following allowance(s) :
 Meal allowance of $ ___________________ per *day / week / month
 Travelling allowance of $ _______________ per *day / week / month
 Attendance allowance of $ __________________________________________________
(please specify details of payment criteria, calculation method, etc.)
 Others (e.g. commission, tips) $ ______________________________________________
(please specify details of payment criteria, calculation method, date of payment, etc.)

Please put a “” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 7/2021
(b) payment of  Every month, on ____________________ day of the month
wages & wage for wage period from ______ day of the month to ______ day of *the month / the following
period(s) † month
 Twice monthly, payable on
- _________ day of *the month / the following month
for wage period from ______ day of the month to ______ day of *the month / the following
month; and
- _________ day of *the month / the following month
for wage period from ______ day of the month to ______ day of *the month / the following
month
 Once for every _______________ *day(s) / week(s)
for wage period from ________________ to ________________

9. Overtime  Compensated by overtime pay:


Compensation †  At the rate of $ _____________ per hour
 At the rate according to *normal wages / ______________ % of normal wages
 Others _________________________________________________________________
(please specify details of payment criteria, calculation method, etc.)
 Compensated by time-off in lieu: _______________________________________________

(please specify details of granting criteria, calculation method, etc.)

10. Holidays † The Employee is entitled to:


 statutory holidays as specified in the Employment Ordinance
 public holidays
 plus other holidays (please specify)
______________________________________________

11. Paid Annual  The Employee is entitled to paid annual leave according to the provisions of the
Leave † Employment Ordinance (ranging from 7 to 14 days depending on the Employee’s length of
service).
 The Employee is entitled to the following paid annual leave according to the rules of the
Employer (please specify) ____________________________________________________

12. Maternity  The Employee is entitled to maternity leave and maternity leave pay according to the
Benefits † provisions of the Employment Ordinance.
 The Employee is entitled to the following maternity leave and maternity leave pay according
to the rules of the Employer (please specify) ____________________________________

13. Paternity  The Employee is entitled to paternity leave and paternity leave pay according to the
Benefits † provisions of the Employment Ordinance.
 The Employee is entitled to the following paternity leave and paternity leave pay according
to the rules of the Employer (please specify)
________________________________________


Please put a “” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 7/2021
14. Sickness  The Employee is entitled to sickness allowance according to the provisions of the
Allowance † Employment Ordinance note.
 The Employee is entitled to sickness allowance according to the rules of the Employer under
the following circumstances:
- If the number of sickness days taken is ______ day(s) or below, an appropriate medical
certificate in support of the sick leave *is / is not required note.
- If the number of sickness days taken is ______day(s) or more, an appropriate medical
certificate in support of the sick leave is required.
 Others (please specify) _______________________________________________________
(Note: Regarding sickness day in respect of a medical examination in relation to pregnancy,
according to the Employment (Amendment) Ordinance 2020, an eligible employee may also
produce a certificate of attendance as a documentary proof for entitling her to sickness
allowance for any day on which she has attended a medical examination in relation to her
pregnancy conducted on or after 11 December 2020.)

15. Termination of A notice period of _______________ *day(s) / week(s)/ month(s) or


Employment an equivalent amount of payment in lieu of notice (notice period not less than 7 days)
Contract During the probation period (if applicable) :
- within the first month: without notice or payment in lieu of notice
- after the first month: a notice period of _________ *day(s) / week(s)/ month(s)
or an equivalent amount of payment in lieu of notice (notice period not less than 7 days)

16. End of Year An amount *of $ __________ or equivalent to ____________ month’s *basic / normal wages
Payment † upon completion of each
 *calendar / lunar year
 specified period: from _______________ to _______________
Payment is to be made within ______________ days before commencement of the following
*calendar / lunar year.

17. Mandatory The Employer and the Employee are to make contributions towards the Mandatory Provident
Provident Fund Fund Scheme in accordance with the requirements specified in the Mandatory Provident Fund
Scheme † Schemes Ordinance.
 In addition to the mandatory contribution, the Employer provides monthly voluntary
contribution to the Mandatory Provident Fund Scheme *in the amount of
$ ________________ / at a rate of ____________________ % of the Employee’s monthly
wages.


Please put a “” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 7/2021
 In addition to the mandatory contribution, the Employee provides monthly voluntary
contribution to the Mandatory Provident Fund Scheme *in the amount of
$ ________________ / at a rate of ____________________ % of the Employee’s monthly
wages.

18. Work Arrangements


in Times of Adverse
Weather Conditions

A. Work  The Employee is required to work when Tropical Cyclone Warning Signal No.8 (T8) or
Arrangements higher is in force. In addition to normal wages, the Employee is entitled to a duty
in Times of allowance of
Tropical Cyclone *$ ____________ or ____________ % of normal wages for each hour worked.
Warning †
In case staff on the next shift are unable to report for duty at workplaces when T8 or higher
is in force, or due to practical difficulties and the Employer requests the Employee of the
preceding shift to continue to work due to operational requirements, in addition to normal
wages, the Employee is entitled to a special allowance of *$ ____________ or
____________ % of normal wages for each hour of the extended service.

[The Employer *provides / does not provide transport services to the Employee when T8 or
higher is in force, the Employee is entitled to a travelling allowance of $ ________________
per trip or the actual cost of transport, whichever is higher.]

 The Employee is not required to work when T8 or higher is in force and wages will not be
affected during the period. If the Government has not made an “extreme conditions”
announcement note, the Employee is required to resume duty within ___________ hours as far
as practicable if T8 is cancelled not less than __________ hours before the end of working
hours.

B. Work  The Employee is required to work when “extreme conditions” exist upon the “extreme
Arrangements in conditions” announcement by the Government before T8 is replaced with Strong Wind
Times of Signal No.3 (T3) note. In addition to normal wages, the Employee is entitled to a duty
“Extreme allowance of
*$ ____________ or ____________ % of normal wages for each hour worked.
Conditions” after
Super Typhoons †
In case staff on the next shift are unable to report for duty at workplaces when “extreme
conditions” exist, or due to practical difficulties and the Employer requests the Employee of
the preceding shift to continue to work due to operational requirements, in addition to
normal wages, the Employee is entitled to a special allowance of
*$ ____________ or ____________ % of normal wages for each hour of the extended
service.

[The Employer *provides / does not provide transport services to the Employee when
“extreme conditions” exist, the Employee is entitled to a travelling allowance of
$ ________________ per trip or the actual cost of transport, whichever is higher.]


Please put a “” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 7/2021
 The Employee is not required to work when “extreme conditions” exist upon the “extreme
conditions” announcement by the Government before T8 is replaced with T3 note, and wages
will not be affected during the period. The Employee is required to resume duty within
___________ hours as far as practicable if the “extreme conditions” cease to exist not less
than __________ hours before the end of working hours.
(Note: For details, please refer to the “Code of Practice in Times of Typhoons and
Rainstorms” issued by the Labour Department.)

C. Work  In case the Employee is required to take up extra duty when Black Rainstorm Warning
Arrangements Signal is in force, in addition to normal wages, the Employee is entitled to a duty
in Times of Black allowance of
Rainstorm *$ ____________ or ____________ % of normal wages for each hour worked.
Warning Signal †

In case staff on the next shift are unable to report for duty at workplaces when Black
Rainstorm Warning Signal is in force, or due to practical difficulties and the Employer
requests the Employee of the preceding shift to continue to work due to operational
requirements, in addition to normal wages, the Employee is entitled to a special allowance
of
*$ ____________ or ____________% of normal wages for each hour of the extended
service.

[The Employer *provides / does not provide transport services to the Employee when Black
Rainstorm Warning Signal is in force, the Employee is entitled to travelling allowance of
$ ________________ per trip or the actual cost of transport, whichever is higher.]

 The Employee is not required to work when Black Rainstorm Warning Signal is in force and
wages will not be affected during the period. The Employee is required to resume duty
within _____ hours as far as practicable if the Black Rainstorm Warning Signal is cancelled
not less than ______ hours before the end of working hours.

19. Others The Employee is entitled to all other rights, benefits or protection under the Employment
Ordinance, the Minimum Wage Ordinance, the Employees’ Compensation Ordinance and any
other relevant Ordinances.
(If applicable) Additional rules and regulations, rights, benefits or protection promulgated under
the *Company Handbook / ______________________________________________________
also form part of this contract.

The Employer and the Employee hereby declare that they understand thoroughly the above
provisions and agree to sign to abide by such provisions. They shall each retain a copy of this
contract for future reference.

Signature of Employee Signature of Employer or


Employer’s Representative


Please put a “” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 7/2021
Name in full: ____________________________ Name in full:
Hong Kong I.D. No.: Position held:
Date: Date:

Chop of the Company


Please put a “” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 7/2021

Common questions

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Specifying adverse weather condition work arrangements is crucial to ensure employee safety while maintaining operational continuity. Clear guidelines help manage employee expectations and mitigate confusion during adverse conditions like typhoons or rainstorms. It ensures that safety precautions are observed, provides clarity on compensation for working under such conditions, and aligns with legal standards. This transparency also helps prevent potential disputes and enhances overall trust between employer and employee .

Compensating overtime with time-off rather than pay can be beneficial for employers aiming to manage payroll costs, as it avoids additional financial burden. It can also foster a positive work culture by supporting better work-life balance. On the employee's side, time-off might be more valuable than additional pay, especially if it allows them to rest and recuperate, contributing to long-term productivity. However, the choice often depends on organizational objectives, employee preferences, and operational demands .

Meal break stipulations that specify fixed or non-fixed times significantly impact an employee's ability to manage personal commitments during work hours. Fixed breaks ensure regularity but may not align with the employee's personal needs, whereas non-fixed breaks offer flexibility, potentially aiding better work-life balance. Having paid meal breaks or counting them as working hours can enhance employee satisfaction and productivity, as they do not lose income or working hours due to meal breaks .

When determining rest days, employers must consider legal requirements, the nature of the business, operational needs, and employee well-being. Contracts must comply with employment laws, ensuring at least one rest day per seven days. The nature of work might necessitate varying rest days (e.g., rotating shifts in healthcare) to maintain continuous operation. Additionally, employee input should be considered to balance operational efficiency with personal needs, which can enhance job satisfaction and minimize work-related stress .

A fixed term contract specifies an end date, which means that the employment relationship is expected to end on that date unless renewed. This provides certainty for both the employer and employee in terms of planning and expectations. However, it also means that the employee does not enjoy job security beyond the specified period, which can lead to uncertainty regarding future employment. In contrast, an indefinite contract does not have a predetermined end date, which can offer greater job security for the employee, but requires a termination notice by either party to end the employment relationship .

The Mandatory Provident Fund (MPF) Scheme is integral to an employee's financial planning as it provides for retirement savings. Both employer and employee contributions ensure a steady accumulation of funds, promoting long-term financial security. The inclusion of voluntary contributions can further enhance these savings, reflecting the employer’s commitment to employees' future financial well-being. These contributions are crucial for employees to plan for post-retirement life, ensuring that they have some financial cushion .

Challenges in devising maternity and paternity benefits include balancing organizational needs with employee rights and well-being. Employers must ensure compliance with legal standards while considering financial implications of extended leave. They face logistical challenges in managing workloads and maintaining productivity during employee absences. Additionally, fostering a supportive work environment that respects family commitments can affect workplace culture positively, even as it poses initial implementation challenges .

Statutory holidays enhance employee satisfaction by providing guaranteed time off, which employees can use for rest, recreation, or personal matters, contributing to better work-life balance. They demonstrate the employer's commitment to employee well-being by ensuring compliance with legal entitlements. This time off helps reduce stress, prevent burnout, and can improve overall morale and productivity, as employees return to work more rested and motivated .

End-of-year payment clauses can strengthen employer-employee relationships by acting as a significant incentive, encouraging employees to stay with the company until the end of the year. It can enhance job satisfaction and loyalty, as employees feel appreciated for their contributions. From the employer's perspective, it helps in workforce retention and reduces turnover. However, the financial implications for the employer mean that such incentives must be carefully structured within the company's budget .

When establishing working hours, factors such as the nature of the job, industry standards, employee well-being, and legal requirements must be considered. Fixed hours provide stability while shift work demands flexibility, potentially influencing employee morale. Regulations may impose limits on daily and weekly work hours to safeguard health. Consideration of employee preferences and personal obligations can also enhance satisfaction and productivity. Employers must balance these elements to ensure operational efficiency and compliance with labor laws .

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