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On Hire Labour Agreement for Hong Kong

On Hire Labour Agreement Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law that establishes and regulates the triangular relationship between a labor hire company, a worker, and a host company. The agreement sets out the terms and conditions of employment, including assignment procedures, remuneration, benefits, working hours, leave entitlements, and other employment terms in compliance with Hong Kong's Employment Ordinance and related legislation. It includes provisions for workplace safety, data protection, and clearly defines the rights and obligations of all parties involved in the labor hire arrangement.

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What is a On Hire Labour Agreement?

The On Hire Labour Agreement is essential for businesses operating in Hong Kong that engage workers through labor hire arrangements. This document is specifically designed to comply with Hong Kong employment laws and regulations, including the Employment Ordinance (Cap. 57) and Employment Agency Regulations (Cap. 57A). It is typically used when a company needs to engage workers through a labor hire company for temporary assignments, project-based work, or flexible staffing arrangements. The agreement covers crucial aspects such as employment terms, assignment procedures, remuneration, benefits, working conditions, and clearly defines the responsibilities of all parties involved. This type of agreement is particularly important in protecting the interests of all parties while ensuring compliance with local employment laws, workplace safety regulations, and data privacy requirements.

What sections should be included in a On Hire Labour Agreement?

1. Parties: Identifies and defines the three main parties: the labor hire company, the worker, and the host company

2. Background: Explains the context of the agreement and the intention to establish an on-hire labor arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Assignment', 'Services', 'Work Location', etc.

4. Nature of Relationship: Clarifies the employment relationship between parties and explicitly states that the worker is employed by the labor hire company

5. Terms of Employment: Details the basic terms including position, duties, reporting lines, and work arrangements

6. Assignment Details: Specifies how assignments will be allocated, accepted, and managed

7. Remuneration and Benefits: Outlines salary, payment terms, MPF contributions, and other benefits

8. Working Hours and Leave: Specifies standard working hours, overtime arrangements, and leave entitlements

9. Health and Safety: Sets out workplace safety obligations and compliance requirements

10. Confidentiality: Addresses confidentiality obligations regarding both the labor hire company and host company

11. Data Protection: Covers handling of personal data in compliance with the Personal Data (Privacy) Ordinance

12. Termination: Details circumstances and procedures for termination of employment

13. Governing Law: Specifies Hong Kong law as governing law and jurisdiction

What sections are optional to include in a On Hire Labour Agreement?

1. Mobility Clause: Include when workers may be required to work at different locations

2. Non-Competition: Include when there are restrictions on working for competitors

3. Intellectual Property: Include when workers may create IP during their employment

4. Training Requirements: Include when specific training or certifications are required

5. Performance Management: Include when specific performance review processes are needed

6. Equipment and Tools: Include when specific provisions about work equipment are needed

7. Insurance Coverage: Include when additional insurance beyond statutory requirements is provided

8. Bonus Schemes: Include when performance-based or other bonuses are offered

What schedules should be included in a On Hire Labour Agreement?

1. Schedule 1 - Standard Assignment Terms: Template terms that apply to all assignments

2. Schedule 2 - Rate Card: Details of pay rates, allowances, and other monetary benefits

3. Schedule 3 - Policies and Procedures: Key workplace policies and procedures to be followed

4. Schedule 4 - Benefits Summary: Detailed description of all employment benefits

5. Appendix A - Assignment Confirmation Form: Template form for confirming details of specific assignments

6. Appendix B - Timesheet Template: Standard timesheet format for recording work hours

7. Appendix C - Health and Safety Guidelines: Detailed safety procedures and requirements

8. Appendix D - Privacy Policy: Detailed policy on handling personal data

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

































Clauses









































Relevant Industries

Construction

Manufacturing

Information Technology

Financial Services

Hospitality

Retail

Healthcare

Logistics

Professional Services

Engineering

Education

Food and Beverage

Relevant Teams

Human Resources

Legal

Operations

Procurement

Finance

Compliance

Risk Management

Talent Acquisition

Employee Relations

Workforce Planning

Relevant Roles

Contract Worker

Temporary Staff

Project Consultant

Interim Manager

Seasonal Worker

Agency Worker

Contractor

Fixed-term Employee

Temporary Professional

Casual Worker

Project Specialist

Interim Executive

Contract Specialist

Temporary Technician

Agency Professional

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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