Sample Employment Contract:劳动
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Sample Employment Contract (Continuous contract)
This contract of employment is entered into between (hereinafter
referred to as ‘Employer’) and (hereinafter referred to as ‘Employee’) on under the terms and conditions of employment below :
1. Commencement Effective from † of Employment ,until either party terminates the contract. ,for a fixed term contract for a period of * day(s) /week(s) / month(s)/ year(s),
ending on .
†2. Probation Period , No , Yes *day(s) / week(s)/ month(s)
3. Position Employed
4. Place of Work
†5. Working Hours , Fixed, at days per week, hours per day
from *am/pm to *am/pm
and *am/pm to *am/pm
, Shift work required, hours per day
from *am/pm to *am/pm
or *am/pm to *am/pm
, Shift work required, at working day(s) per *week/ month, totalling hour(s).
, Others
(details of the arrangement on working hours and total working hours)
†*with/without pay 6. Meal Break , Fixed, from *am/pm to *am/pm,
, Not-fixed, at *minutes/hour(s) per day, *with/without pay
Meal break *is/ is not counted as working hour(s).
7. Rest Days , Onevery , *with / without pay
, On rotation, day(s) per *week/month, *with / without pay
(The employee is entitled to not less than 1 rest day in every period of 7 days)
8. Wages
† (a) wage rate Basic wages of $ per * hour/ day /week/month;
plus the following allowance(s) :
, Meal allowance of $ per * day / week/ month
, Travelling allowance of $ per * day / week/ month
, Others (e.g. commission, tips) $ (amount)
(details of criteria and calculation of payment and date of payment)
†Please put a “,” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 1/4(10/2013)
† (b) overtime pay, At the rate of $ per hour , At the rate according to *normal wages / % of normal wages
(c) payment of , Every month, on ____________ day of the month
wages & wage for wage period from day of the month to day of *the month/ the following month.
† period(s) , Twice monthly, payable on (i) day of *the month / following month
for wage period from day of the month to day of *the month/ the following month.
(ii) day of *the month / following month
for wage period from day of the month to day of *the month/ the following month.
, Once for every *day(s)/week(s)
for wage period from to .
†9. Holidays The Employee is entitled to:
, statutory holidays as specified in the Employment Ordinance
, public holidays
, plus other holidays (please specify)
Paid Annual 10. , The Employee is entitled to paid annual leave according to the provisions of the †Leave Employment Ordinance (ranging from 7 to 14 days depending on the Employee’s length of
service).
, The Employee is entitled to the following paid annual leave according to the mutual agreement with the employer(please specify)
11. Maternity , The Employee is entitled to maternity leave and maternity leave pay according to the
†provisions of the Employment Ordinance. Benefits
, The Employee is entitled to the following maternity leave and maternity leave pay according to the mutual agreement with the employer (please specify) 12. Sickness , The Employee is entitled to sickness allowance according to the provisions of the
†Employment Ordinance. Allowance
, The Employee is entitled to sickness allowance according to the mutual agreement with
the employer under the following circumstances: - If the number of sickness days taken is ______ day(s) or below, an appropriate medical
certificate in support of the sick leave *is /is not required. - If the number of sickness days taken is ______day(s) or more, an appropriate medical
certificate in support of the sick leave is required. , Others (please specify)
13. Termination of A notice period of * day(s) /week(s)/ month(s) or
Employment an equivalent amount of wages in lieu of notice (notice period not less than 7 days).
† Contract During the probation period (if applicable) :
- within the first month : without notice or wages in lieu of notice
†Please put a “,” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 2/4 (10/2013)
- after the first month : a notice period of * day(s)/ week(s)/ month(s) or an equivalent amount of wages in lieu of notice (notice period not less than 7 days).
14. Mandatory The Employer and the Employee are to make contributions towards the Mandatory Provident
Provident Fund Fund Scheme in accordance with the requirements specified in the Mandatory Provident Fund
†Scheme Schemes Ordinance.
, In addition to the mandatory contribution, the Employer provides monthly voluntary
contribution to the Mandatory Provident Fund Scheme * in the amount of $
/ at a rate of % of the Employee’s monthly wages.
, In addition to the mandatory contribution, the Employee provides monthly voluntary
contribution to the Mandatory Provident Fund Scheme * in the amount of $
/ at a rate of % of the Employee’s monthly wages.
, The Employee is required to work when typhoon signal no.8 or above is hoisted. In 15. Work typhoon allowance / travelling allowance addition to wages, the employee is entitled to *Arrangements
at $ or % of normal wages. during
, The Employee is not required to work when typhoon signal no.8 or above is hoisted and †Typhoon no wages will be deducted during the period. The Employee is required to resume duty
if the typhoon signal no.8 is lowered not less than hours before close of working
hours.
, The Employee is required to work when black rainstorm warning is hoisted. In addition to 16. Work during rainstorm allowance / travelling allowance at wages, the employee is entitled to *Black Rainstorm $ or % of normal wages. †Warning , The Employee is not required to work when black rainstorm warning is hoisted and no
wages will be deducted during the period. The Employee is required to resume duty if the
black rainstorm warning is cancelled not less than hours before close of
working hours.
The Employee is entitled to all other rights, benefits or protection under the Employment 17. Others
Ordinance, the Minimum Wage Ordinance, the Employees’ Compensation Ordinance and any
other relevant Ordinances.
Remarks
1. This sample is drafted with reference to the Sample Employment Contract of Labour Department for
continuous contract of employment by the same employer for four weeks or more, with at least 18 hours
worked in each week.
2. The Employment Ordinance is the main piece of legislation governing conditions of employment in Hong
Kong. Employers and employees are free to negotiate and agree on the terms and conditions of the
employment provided that they do not violate the provisions of the Employment Ordinance. Any term of
the employment contract which purports to extinguish or reduce any right, benefit or protection conferred
upon the employee by this Ordinance shall be void.
3. According to the Minimum Wage Ordinance, statutory minimum wage (SMW) is expressed as an hourly
rate. In essence, wages payable to an employee in respect of any wage period should be no less than the
SMW rate on average for the total number of hours worked.
4. An employer must be in possession of a valid insurance policy to cover his liabilities both under the
Employees' Compensation Ordinance and at common law for the work injuries for his employees. The
†Please put a “,” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 3/4 (10/2013)
Employees' Compensation Ordinance applies to both full-time and part-time employees who are employed
under contracts of service.
5. For any specific job requirements, an employer should negotiate with his employee and state clearly in
the employment contract.
The Employer and the Employee hereby declare that they understand thoroughly the above provisions and agree to sign to abide by such provisions. They shall each retain a copy of this contract for future reference.
Signature of Employee Signature of Employer or Employer’s Representative
Name in full : Name in full :
HK I.D. No : Date :
Date : :
†Please put a “,” in the clause(s) as appropriate
* Please delete the word(s) as inappropriate 4/4 (10/2013)