The Management Contract serves as a crucial legal document for companies operating in Hong Kong when appointing senior personnel to management positions. This contract type is essential for establishing clear terms of employment, authority levels, and responsibilities for executives and senior managers while ensuring compliance with Hong Kong employment law and corporate governance requirements. It typically includes comprehensive provisions covering appointment terms, compensation structures, performance expectations, protection of company interests through confidentiality and non-compete clauses, and termination procedures. The document is particularly important in Hong Kong's dynamic business environment, where clear delineation of management responsibilities and protection of corporate interests are paramount.
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1. Parties: Identification of the company and the manager, including their respective addresses and registration details
2. Background: Context of the appointment and brief description of the company's business
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Formal appointment clause, position title, and duration of the contract
5. Duties and Responsibilities: Detailed description of the manager's role, reporting lines, and key performance areas
6. Authority and Limitations: Scope of decision-making power and any limitations on authority
7. Compensation and Benefits: Base salary, bonuses, equity arrangements, and other benefits
8. Working Hours and Location: Expected working schedule and primary work location
9. Confidentiality: Protection of company's confidential information and trade secrets
10. Intellectual Property: Ownership of work product and innovations developed during employment
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after employment
12. Termination: Grounds for termination, notice periods, and consequences
13. Post-Termination Obligations: Continuing obligations after contract end
14. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices
1. Equity Participation: Include when the manager is offered shares or share options as part of compensation
2. International Travel: Include when role requires significant international travel or overseas postings
3. Performance Targets: Include when specific KPIs or performance metrics are tied to compensation
4. Group Company Obligations: Include when manager has responsibilities across multiple group companies
5. Data Protection: Include detailed data protection clauses when manager handles sensitive personal data
6. Ethics and Compliance: Include specific compliance obligations for regulated industries
7. Gardening Leave: Include when company wants right to place manager on paid leave during notice period
1. Schedule 1 - Duties and Responsibilities: Detailed list of specific duties, responsibilities, and reporting requirements
2. Schedule 2 - Compensation Details: Detailed breakdown of salary, bonus structure, and benefits package
3. Schedule 3 - Company Policies: List of applicable company policies the manager must comply with
4. Schedule 4 - Restricted Activities: Specific activities prohibited under non-compete and non-solicitation clauses
5. Schedule 5 - Performance Metrics: Detailed KPIs and performance evaluation criteria if applicable
6. Appendix A - Share Option Terms: Terms and conditions of any share option scheme if applicable
7. Appendix B - Benefits Summary: Summary of all benefits including insurance, MPF, and other perks
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