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Contingent Offer Employment for Hong Kong

Contingent Offer Employment Template for Hong Kong

A Hong Kong-governed employment contract that establishes a conditional offer of employment, where the actual employment relationship is subject to the fulfillment of specific prerequisites or conditions precedent. This document complies with Hong Kong employment law, particularly the Employment Ordinance (Cap. 57), and outlines both the conditions that must be met before employment commences and the terms that will govern the employment relationship once these conditions are satisfied. The contract includes provisions for salary, benefits, working conditions, and termination rights, while specifically detailing the nature and timeline of the conditions that must be met for the employment to take effect.

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Contingent Offer Employment

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What is a Contingent Offer Employment?

The Contingent Offer Employment contract is designed for use in Hong Kong when an employer wishes to formalize an employment relationship that is dependent on certain conditions being met before becoming effective. This document type is commonly used for roles requiring regulatory approval, professional qualifications verification, background checks, medical clearance, or valid work visa acquisition. It protects both employer and employee by clearly defining the conditions precedent while also establishing the full terms of employment that will apply once these conditions are satisfied. The contract ensures compliance with Hong Kong employment law while providing flexibility for various industry-specific requirements and regulatory obligations.

What sections should be included in a Contingent Offer Employment?

1. Parties: Identification of the employer and prospective employee

2. Background: Context of the employment offer and general intention of the parties

3. Definitions: Key terms used throughout the agreement, including definition of conditions precedent

4. Conditions Precedent: Specific conditions that must be satisfied before the employment becomes effective (e.g., background checks, visa approval, medical examination)

5. Condition Fulfillment Process: Process and timeline for satisfying the conditions precedent

6. Position and Duties: Job title, role description, and key responsibilities

7. Commencement and Duration: Start date (subject to conditions), employment term, and probation period if applicable

8. Remuneration and Benefits: Salary, bonuses, allowances, and other benefits

9. Working Hours and Location: Standard working hours, location, and any flexibility arrangements

10. Leave Entitlements: Annual leave, sick leave, and other types of leave as per Hong Kong law

11. Confidentiality and Intellectual Property: Protection of company information and ownership of work product

12. Termination: Grounds and process for termination, notice periods, and consequences

13. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction

14. Entire Agreement: Integration clause confirming this document as the complete agreement

What sections are optional to include in a Contingent Offer Employment?

1. Non-Competition and Non-Solicitation: Restrictions on post-employment activities, used for senior positions or roles with access to sensitive information

2. Mobility Clause: Requirement to relocate or travel, used when job may involve different locations

3. Stock Options/Share Awards: Details of any equity compensation, used when offering company shares or options

4. Sign-on Bonus: Terms of any joining bonus, used for senior hires or competitive recruitment situations

5. Relocation Assistance: Support for relocation, used for overseas hires or internal transfers

6. Training Commitments: Mandatory training requirements and training bond terms, used for roles requiring specific qualifications

7. Variable Compensation: Commission or performance-based pay structures, used for sales or performance-driven roles

8. Data Protection: Specific data handling requirements, used when role involves sensitive data processing

What schedules should be included in a Contingent Offer Employment?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and reporting relationships

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary components, benefits, and payment terms

3. Schedule 3 - Conditions Precedent Details: Specific requirements and documentation needed to satisfy contingent conditions

4. Schedule 4 - Company Policies: Key company policies that form part of the employment terms

5. Schedule 5 - Benefits Summary: Details of all benefits, insurance coverage, and MPF arrangements

6. Appendix A - Required Documents: List of documents required from the employee to satisfy conditions

7. Appendix B - Declaration Forms: Standard declarations required from the employee regarding qualifications, conflicts of interest, etc.

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions




































Clauses

































Relevant Industries

Financial Services

Technology

Healthcare

Education

Professional Services

Manufacturing

Retail

Telecommunications

Construction

Real Estate

Banking

Insurance

Hospitality

Logistics

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Risk Management

Customer Service

Product Development

Strategic Planning

Business Development

Administrative

Relevant Roles

Chief Executive Officer

Managing Director

Financial Controller

Compliance Officer

Senior Manager

Department Head

Project Manager

Research Analyst

Software Engineer

Sales Director

Operations Manager

Legal Counsel

Risk Manager

Investment Banker

Medical Professional

Academic Professor

Technical Specialist

Account Director

Human Resources Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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