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Probation Employment Contract for Hong Kong

Probation Employment Contract Template for Hong Kong

A Hong Kong probation employment contract is a legally binding agreement that establishes the terms and conditions of employment during an initial probationary period, typically ranging from 1 to 6 months. The document complies with Hong Kong's Employment Ordinance (Cap. 57) and related employment legislation, outlining key aspects such as duties, compensation, benefits, working hours, and termination provisions. It serves as a crucial tool for both employers and employees to clearly define their rights and obligations during the probationary period, while ensuring compliance with local employment laws and regulations.

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Probation Employment Contract

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What is a Probation Employment Contract?

The Probation Employment Contract is a essential document used in Hong Kong employment relationships to establish a trial period during which both employer and employee can assess their compatibility. This document is typically used at the commencement of employment and should be provided to new hires before or on their first day of work. It incorporates provisions required by Hong Kong's Employment Ordinance and related legislation, including mandatory terms regarding probation duration, notice periods, compensation, and basic employment conditions. The contract serves multiple purposes: protecting both parties' interests, ensuring legal compliance, setting clear expectations, and providing a framework for performance evaluation during the probationary period. It's particularly important in Hong Kong's dynamic business environment where employment relationships are heavily regulated and proper documentation is crucial for risk management.

What sections should be included in a Probation Employment Contract?

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 probationary contract

3. Definitions: Key terms used throughout the contract including 'Probation Period', 'Company', 'Employee', etc.

4. Appointment and Probation Period: Details of the position, duration of probation, and conditions for confirmation

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

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

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

8. Leave Entitlements: Holiday, sick leave, and other leave entitlements during probation

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

10. Confidentiality: Obligations regarding company confidential information

11. Company Policies: Adherence to company policies, procedures, and code of conduct

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

13. Entire Agreement: Statement that the contract represents the complete agreement between parties

What sections are optional to include in a Probation Employment Contract?

1. Probation Extension: Terms for extending the probation period if needed - include when the company wants flexibility in probation duration

2. Post-Termination Restrictions: Non-compete and non-solicitation clauses - include for senior or sales positions

3. Intellectual Property: IP rights and assignments - include for creative, technical, or R&D roles

4. Commission Structure: Details of any commission or performance-based pay - include for sales positions

5. Mandatory Provident Fund: MPF scheme details - include if probation period exceeds 60 days

6. Remote Working Arrangements: Terms for remote work if applicable - include if hybrid or remote work is permitted

7. Training Requirements: Specific training or certification requirements - include if role requires mandatory training

8. Bonus Scheme: Any applicable bonus schemes during probation - include if probationary employees are eligible for bonuses

What schedules should be included in a Probation Employment Contract?

1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and performance expectations

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

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

4. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements

5. Appendix B - Performance Metrics: Specific KPIs and performance evaluation criteria for confirmation

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

Service Letter

Cost

Free to use
Relevant legal definitions





























Clauses






























Relevant Industries

Financial Services

Technology

Retail

Manufacturing

Professional Services

Healthcare

Education

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Relevant Teams

Human Resources

Legal

Finance

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Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Product Development

Business Development

Compliance

Strategy

Relevant Roles

Chief Executive Officer

Department Manager

Software Engineer

Sales Representative

Administrative Assistant

Financial Analyst

Marketing Coordinator

Human Resources Manager

Operations Director

Research Scientist

Customer Service Representative

Project Manager

Business Development Executive

Legal Counsel

Account Manager

Product Designer

Data Analyst

Technical Support Specialist

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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