The HR Outsourcing Contract is essential for businesses operating in Hong Kong that wish to delegate their human resources functions to specialized external providers. This document is particularly relevant in the current business environment where companies seek to optimize operations and access specialized HR expertise while ensuring compliance with Hong Kong's complex employment and data protection regulations. The contract typically includes detailed service specifications, performance metrics, data handling protocols, and compliance requirements. It is designed to protect both parties' interests while ensuring smooth delivery of HR services, addressing key aspects such as payroll processing, recruitment, training, employee relations, and benefits administration. The agreement must carefully consider Hong Kong's legal framework, including the Employment Ordinance, Personal Data (Privacy) Ordinance, and other relevant legislation.
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1. Parties: Identification of the service provider and the client company
2. Background: Context of the agreement and brief description of parties' businesses
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of HR services to be provided
5. Service Provider's Obligations: Key responsibilities and commitments of the HR service provider
6. Client's Obligations: Responsibilities and commitments of the client company
7. Data Protection and Confidentiality: Provisions for handling personal data and confidential information
8. Service Levels: Performance standards and metrics for service delivery
9. Fees and Payment: Pricing structure, payment terms, and invoicing procedures
10. Term and Termination: Duration of agreement and termination provisions
11. Intellectual Property: Ownership and usage rights of IP created during service provision
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Force Majeure: Provisions for handling unforeseen circumstances
14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Transition Services: Detailed provisions for handover of services at contract end - include if there's significant system or process transition needed
2. Regulatory Compliance: Specific compliance obligations - include if operating in heavily regulated industries
3. Insurance: Specific insurance requirements - include if high-risk services or client requirement
4. Business Continuity: Disaster recovery and business continuity provisions - include for critical HR functions
5. Audit Rights: Client's rights to audit service provider - include if handling sensitive data or regulatory requirement
6. Non-Competition: Restrictions on service provider's activities - include if sharing sensitive business information
7. Security Requirements: Specific IT and physical security requirements - include if handling sensitive systems or data
1. Schedule 1 - Services Description: Detailed breakdown of all HR services to be provided
2. Schedule 2 - Service Levels: Detailed service level agreements and KPIs
3. Schedule 3 - Pricing and Payment: Detailed fee structure, rates, and payment terms
4. Schedule 4 - Key Personnel: List of key service provider staff and their roles
5. Schedule 5 - Data Processing Agreement: Detailed terms for personal data handling and protection
6. Schedule 6 - Transition Plan: Implementation and handover timeline and responsibilities
7. Appendix A - Required Reports: Ƶ and specifications for required reporting
8. Appendix B - Security Policies: IT and data security requirements and procedures
9. Appendix C - Escalation Matrix: Contact details and procedures for issue escalation
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