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Provisional Offer Of Employment Template for Hong Kong

A Provisional Offer of Employment is a formal written document used in Hong Kong to extend a conditional job offer to a potential employee. The document outlines the key terms and conditions of employment, including compensation, benefits, and working arrangements, while specifying any conditions that must be met before the offer becomes final. Governed by Hong Kong employment law, particularly the Employment Ordinance (Cap. 57), this document serves as a preliminary agreement between the employer and prospective employee, subject to satisfactory completion of pre-employment conditions such as background checks, reference verification, or medical examinations.

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What is a Provisional Offer Of Employment?

The Provisional Offer Of Employment is a crucial document in Hong Kong's employment process, typically used as the first formal written communication of employment terms between an employer and a potential employee. It serves as a preliminary step before the final employment contract, allowing both parties to agree on basic terms while protecting the employer's interests by making the offer conditional upon satisfactory completion of various pre-employment checks. The document must comply with Hong Kong's Employment Ordinance and related legislation, including requirements for mandatory employment terms and conditions. It's particularly useful in situations where additional verifications, such as background checks, reference checks, or medical examinations, are required before finalizing employment. The provisional nature of the offer provides flexibility while maintaining legal compliance and establishing clear expectations for both parties.

What sections should be included in a Provisional Offer Of Employment?

1. Company Letterhead and Date: Official company letterhead with company details and date of the offer

2. Addressee Details: Candidate's full name and address

3. Job Title and Department: Specific position being offered and department/team placement

4. Employment Start Date: Proposed commencement date of employment

5. Compensation Package: Base salary, payment frequency, and any guaranteed bonuses

6. Working Hours and Location: Standard working hours, days per week, and primary work location

7. Leave Entitlement: Annual leave, sick leave, and other statutory leave entitlements

8. MPF Arrangements: Mandatory Provident Fund scheme details and contribution rates

9. Offer Validity Period: Deadline for accepting the offer

10. Acceptance Method: Instructions on how to accept the offer

11. Conditions Precedent: Prerequisites that must be met before the offer becomes final

12. Signature Block: Authorized signatory details and space for signature

What sections are optional to include in a Provisional Offer Of Employment?

1. Probation Period: Include when the company wants to implement a probationary period, specifying duration and terms

2. Benefits Package: Include when offering additional benefits beyond statutory requirements

3. Bonus Structure: Include when offering discretionary bonuses or commission schemes

4. Notice Period: Include when requiring notice period different from statutory minimum

5. Post-Employment Restrictions: Include when requiring non-compete or non-solicitation provisions

6. Confidentiality Clause: Include when handling sensitive information is part of the role

7. Visa Sponsorship: Include for non-local hires requiring work visa sponsorship

8. Remote Work Policy: Include when offering flexible or remote working arrangements

9. Stock Options/Share Awards: Include when offering equity-based compensation

10. Medical Benefits: Include when offering health insurance or medical benefits

What schedules should be included in a Provisional Offer Of Employment?

1. Job Description: Detailed outline of role responsibilities and requirements

2. Benefits Summary: Comprehensive list of all employee benefits and eligibility criteria

3. Required Documents Checklist: List of documents needed for employment verification and onboarding

4. Company Policies Reference: Key company policies that form part of employment terms

5. Salary Structure Details: Breakdown of compensation components if complex structure applies

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

Document Type

Patent

Sector

IP

Cost

Free to use

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