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Probationary Employment Agreement Template for Hong Kong

A comprehensive employment agreement governed by Hong Kong law that establishes the terms and conditions of employment during a probationary period. This document sets out the initial employment relationship, including job responsibilities, compensation, benefits, working hours, and conditions for confirmation of permanent employment. It ensures compliance with Hong Kong's Employment Ordinance and related legislation while protecting both employer and employee interests during the probationary phase. The agreement includes provisions for performance evaluation, notice periods, and transition to permanent employment upon successful completion of probation.

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What is a Probationary Employment Agreement?

The Probationary Employment Agreement is a crucial document used at the commencement of an employment relationship in Hong Kong. It serves as the primary contract during an employee's probationary period, typically ranging from three to six months. This document is essential for establishing clear terms and expectations while ensuring compliance with Hong Kong's Employment Ordinance and related employment legislation. It should be used whenever a new employee is hired with an initial probationary period, which is standard practice in Hong Kong. The agreement covers fundamental aspects such as duties, compensation, benefits, and termination provisions, while also addressing specific requirements for the probationary period, including performance evaluation criteria and conditions for permanent employment confirmation.

What sections should be included in a Probationary Employment Agreement?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Probationary Period: Details of the position and duration of probation (typically 3-6 months)

5. Duties and Responsibilities: Overview of the employee's role, reporting structure, and key responsibilities

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

7. Remuneration and Benefits: Salary, payment schedule, MPF, and any benefits during probation

8. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements

9. Termination During Probation: Notice periods and procedures for termination during probation

10. Post-Probation Employment: Terms of continued employment after successful probation

11. Confidentiality: Protection of company confidential information

12. Data Privacy: Handling of personal data in accordance with PDPO

13. Governing Law: Specification of Hong Kong law as governing law

14. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties

What sections are optional to include in a Probationary Employment Agreement?

1. Intellectual Property Rights: Required for roles involving creation of IP or creative work

2. Non-Competition: For senior roles or positions with access to sensitive information

3. Work Equipment: When company provides specific tools or equipment

4. Commission Structure: For sales or commission-based roles

5. Performance Targets: When specific KPIs are part of probation assessment

6. Training Requirements: When specific training must be completed during probation

7. Overseas Travel: For roles requiring business travel

8. Medical Benefits: If medical coverage is provided during probation

What schedules should be included in a Probationary Employment Agreement?

1. Schedule 1 - Job Description: Detailed description of roles, responsibilities and requirements

2. Schedule 2 - Remuneration Details: Breakdown of salary components, allowances and benefits

3. Schedule 3 - Company Policies: Key company policies applicable during probation

4. Schedule 4 - Performance Metrics: Specific KPIs and evaluation criteria for probation

5. Appendix A - Code of Conduct: Company's code of conduct and ethical requirements

6. Appendix B - IT Policies: IT usage policies and security requirements

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use

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