Dear [Applicant Name],
Following our recent discussions, we are pleased to offer you employment with [Company Name] in our [Location] office. You will be initially employed in the position of [Name of Position] and you will initially report to [Name of Direct Manager].
Please find below the terms and conditions of your employment, should you accept this offer letter:
HKD [Gross Monthly Salary] per month payable on [Company’s Regular Payroll Schedule]. This salary will be subject to adjustment pursuant to the Company’s employee compensation policies in effect from time to time.
Performance Bonus (or Commission)
In addition, you will be eligible to be considered for an incentive bonus for each fiscal year of the Company. The bonus (if any) will be awarded based on objective or subjective criteria established by the Company. Any bonus for the fiscal year in which your employment begins will be prorated, based on the number of days you are employed by the Company during that fiscal year. Any bonus for a fiscal year will be paid within [Number] months after the close of that fiscal year, but only if you are still employed by the Company at the time of payment. The determinations of the Company regarding performance bonuses or commission payments are final.
The Company reserves the right to terminate employment of any employee for just cause at any time without notice and without payment in lieu of notice. The Company will be entitled to terminate your employment for any reason other than for just cause, upon providing to you such minimum notice as required by law.
Intellectual Property Agreement
Like all Company employees, you will be required, as a condition of your employment with the Company, to sign the Company’s standard Intellectual Property Agreement.
You are required to observe and uphold all of the Company’s privacy policies and procedures as implemented or varied from time to time. Collection, storage, access to and dissemination of employee personal information will be in accordance with privacy legislation.
[Number of Days] working days per annum plus any years of service entitlement. Leave must be taken in accordance with Company policy. Annual leave can only be taken after the approval of your manager.
You will be enrolled in the Company’s [Hong Kong] medical scheme subject to the provisions of the scheme/plan as from time to time in force.
You will be enrolled in the Company’s Hong Kong provident funds.
The Company and you will each contribute the applicable maximum statutory amount of contribution to the Mandatory Provident Fund in accordance with the requirements of the Mandatory Provident Fund Schemes Ordinance (the “MPFS Ordinance”).
Your contribution will be deducted from your salary in accordance with the provisions of the MPFS Ordinance.
The standard work hours are [Standard Working Hours]. However, given the nature of your work, you may be required to work additional hours as directed by your supervisor or as may be necessary for the proper performance of your duties without additional pay.
Your employment with the Company is subject to and conditional on the completion of background and reference checks and their results being satisfactory to the Company. The Company, at its sole discretion may agree that you commence work while these checks are being conducted. The Company may terminate your employment at any time with one week's notice or payment in lieu thereof if the results of such checks are not satisfactory to the Company in its sole discretion.
Notification of Conviction of a Crime
If at any time during your employment, you are convicted of a crime, or are the subject of an investigation conducted by any regulatory authority, you must promptly notify the Directors of the Company.
This offer is subject to you and the Company obtaining any required visas and permits to allow your employment in Hong Kong. If after four months from application such requirement cannot be met, then the Company will discuss and aim to agree with you alternative employment options. If an agreement cannot be reached, the requirements of the office will not be met and the Company will have no further obligations.
Your employment is subject to a [Number of Months or Weeks] probationary period from [Date Employment Period Commences]. During this probationary period your employment can be terminated by either party giving [Amount of Time] notice in writing or payment in lieu of notice.
You are responsible for filling a statement of your earnings with the Hong Kong Inland Revenue Department and any salaries tax shall be on your account. You agree that the Company does not have a duty to design its compensation policies in a manner that minimizes your tax liabilities, and you will not make any claim against the Company or its Board of Directors related to tax liabilities arising from your compensation.
You acknowledge that the Company has (among others) an interest in the stability of its workforce. To protect this interest (among others), you shall not during your employment or for a period of [Number of Months] after the date of cessation of your employment, either on your own account or in conjunction with or on behalf of any other person, solicit, entice or encourage or endeavour to solicit, entice or encourage an employee, director or consultant from the same or related department.
Confidentiality of Information:
You shall not at any time, either during your employment with the Company, use, disclose or communicate to any person or entity whatsoever (other than: (a) those who are employees, contractors or advisors of the Company whose business it is to know the same; (b) with the prior written approval of the Company; or (c) as required by law) any trade secrets or Confidential Information which you may have acquired or obtained in the course of employment. This undertaking will apply until such information comes into the public domain, other than by reason of any breach of this undertaking.
This letter and the documents and policies referred to therein constitute the entire agreement between the Company and you and shall be in substitution for any subsisting agreement, service agreement or contract of employment (oral or written) made by the Company and you in relation to your employment. You warrant and agree that the Company and you are entering into this agreement on the basis that the Company has not made any representations to you and you are not relying on any representations not expressly set out in this letter.
If any provision or part of a provision of this letter or a clause hereof is determined to be illegal or unenforceable each of the remaining provisions within that clause and the remainder of this letter will be severable and enforceable in accordance with its terms.
Where there is any inconsistency between this letter and any of the documents and policies referred to therein, this letter will prevail.
The terms and conditions set out herein will be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). The Company and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts and Labour Tribunal in respect of any claim or matter arising under this letter or your employment with the Company.
If you agree and accept the above terms and conditions, please sign and return the duplicate copy of this letter to me as soon as possible.
For and on behalf of [Company Name]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of [Date]:
COMPANY REPRESENTATIVE (SIGN):
COMPANY REPRESENTATIVE (PRINT):