Employee Confidentiality & IP Assignment HK
Confidentiality and IP assignment under Cap. 528 s.14, Cap. 514 s.57 and Acron v Chan Yiu Wai [2017] 3 HKLRD 799. Moral rights waiver, Word and PDF.
In employment, the form and the timing decide who is in the right. A contract that leaves the key terms vague, a termination served with the wrong notice, or a non-compete clause drafted too widely can all become expensive. In Hong Kong the Employment Ordinance (Cap. 57) sets the baseline, the Mandatory Provident Fund (MPF) Schemes Ordinance (Cap. 485) governs retirement contributions, the Employees' Compensation Ordinance (Cap. 282) covers work injuries and the Minimum Wage Ordinance (Cap. 608) fixes the wage floor. These templates help you hire cleanly, document fairly and end an engagement the right way.
Confidentiality and IP assignment under Cap. 528 s.14, Cap. 514 s.57 and Acron v Chan Yiu Wai [2017] 3 HKLRD 799. Moral rights waiver, Word and PDF.
Employment contract drafted for the Employment Ordinance (Cap. 57), the 417/468 continuous contract rule, MPF enrolment and Cap. 282 insurance.
Drafted to Clauses 10 to 12 of the ID 407 standard contract and section 25 of the Employment Ordinance (Cap. 57). Duties, notice and settlement in Word and PDF.
Contract for services drafted to the Poon Chau Nam indicia, excluding Employment Ordinance (Cap. 57) and MPF (Cap. 485) obligations. Word and PDF.
Separation deed drafted to the Employment Ordinance (Cap. 57). Section 70 release, seven day payment rule under section 25 and post 2025 MPF offsetting.
Non-compete and non-solicitation agreement drafted to the Nordenfelt test and HKCFI case law on legitimate proprietary interest. Hong Kong law, Word and PDF.
Employment Ordinance Part VA and VB entitlements, the 468 rule, statutory ceilings and post-transition portions. Calculation sheet plus notification letter.
Hong Kong termination letter drafted to sections 6, 7, 9 and 25 of the Employment Ordinance (Cap. 57), with a summary dismissal variant. Word and PDF download.
When you hire someone. An employment contract sets the role, wages, working hours, leave, probation, confidentiality and notice. The Employment Ordinance requires the employer to inform the employee of the conditions of service -- wages, wage period, notice and any end-of-year payment -- before employment begins, and a written contract is the cleanest way to do it.
When you make an offer. An offer or appointment letter records the position, wages, start date and conditions before the formal contract, and is often the document a candidate relies on to resign elsewhere.
When you protect the business. Confidentiality and non-compete or non-solicitation clauses guard trade secrets and client relationships, but in Hong Kong a restraint of trade is only enforceable if it protects a legitimate interest and is no wider than reasonably necessary.
When an engagement ends. A termination letter, resignation acceptance or letter of release records the date, the notice served and the final payments, which is essential if the parting is contested before the Labour Tribunal.
The Employment Ordinance (Cap. 57) is the core statute, administered by the Labour Department. Its central concept is the continuous contract, defined by the "418 rule": an employee who has worked for the same employer for four or more weeks, with at least eighteen hours in each week, is employed under a continuous contract and earns the fuller set of statutory benefits -- rest days, paid annual leave, sickness allowance, severance payment and long service payment. Wages must be paid within the statutory time limit after the end of the wage period, and the Minimum Wage Ordinance (Cap. 608) sets the statutory minimum hourly wage below which no contract can go.
Contributions and insurance sit alongside the contract. Under the Mandatory Provident Fund Schemes Ordinance (Cap. 485), an employer must enrol a relevant employee in an MPF scheme within sixty days and make mandatory contributions of five per cent of relevant income (matched by the employee, subject to the statutory minimum and maximum levels). The Employees' Compensation Ordinance (Cap. 282) makes it compulsory for every employer to hold insurance covering work injuries, on a no-fault basis -- operating without it is an offence.
Termination and restraint clauses are the classic traps. Notice must follow the contract or, where the contract is silent, the default of not less than one month for a continuous contract; either party may instead pay wages in lieu of notice. Summary dismissal without notice is reserved for serious misconduct. A post-employment non-compete is enforceable only if it protects a legitimate proprietary interest -- such as confidential information or client connections -- and is reasonable in scope, duration and geography; a blanket ban on competing is likely to be struck down.