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End Of Service Agreement Template for Hong Kong

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Key Requirements PROMPT example:

End Of Service Agreement

"I need an End of Service Agreement for a senior marketing director in Hong Kong who is leaving by mutual agreement on March 15, 2025, with garden leave provisions and complex share option arrangements to be included."

Document background
The End of Service Agreement is a crucial document used in Hong Kong employment relationships to formalize the termination of employment and establish clear terms for separation. It is typically used when an employee's service is being terminated through mutual agreement, resignation, or redundancy, and requires careful consideration of Hong Kong employment laws, particularly the Employment Ordinance (Cap. 57). The document serves multiple purposes: it protects both employer and employee interests, ensures compliance with local regulations, documents all financial settlements including statutory and discretionary payments, and establishes any post-employment obligations. This agreement is particularly important in cases involving senior executives, sensitive positions, or situations where significant final payments or continuing obligations are involved.
Suggested Sections

1. Parties: Identification of the employer and employee

2. Background: Brief context of the employment relationship and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date of employment termination and last day of work

5. Final Payment: Details of salary, unused leave, and other standard entitlements

6. Statutory Payments: Coverage of mandatory payments including severance/long service payment if applicable

7. Company Property: Requirements for return of company property and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Mutual release of claims and acknowledgment of settlement

10. Tax Obligations: Responsibility for taxes on payments made under the agreement

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

Optional Sections

1. Non-Compete and Non-Solicitation: Post-employment restrictions, if applicable to employee's position

2. Additional Benefits: Any discretionary or ex-gratia payments beyond statutory requirements

3. Reference Letter: Terms regarding the provision of employment references

4. Medical Benefits Extension: Any continuation of medical benefits post-termination

5. Share Options/Awards: Treatment of outstanding share options or awards

6. Dispute Resolution: Specific procedures for resolving disputes

7. Garden Leave: Terms of any garden leave period before final termination

8. Legal Representation: Acknowledgment of legal advice received by employee

Suggested Schedules

1. Schedule 1 - Payment Breakdown: Detailed calculation of all payments including statutory and discretionary amounts

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Confidential Information: Specific details of confidential information and trade secrets

4. Appendix A - Release Form: Standard form for mutual release of claims

5. Appendix B - Tax Declaration: Employee's tax declaration form for terminal payments

6. Appendix C - Benefits Summary: Summary of any continuing benefits or special arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Financial Services

Banking

Technology

Professional Services

Manufacturing

Retail

Healthcare

Education

Real Estate

Construction

Telecommunications

Insurance

Logistics

Hospitality

Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Administration

Corporate Secretarial

Risk Management

Internal Audit

Information Technology

Sales

Marketing

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Manager

Executive

Professional Staff

Technical Specialist

Senior Administrator

Department Supervisor

Project Manager

Regional Director

Vice President

Chief Financial Officer

Chief Operating Officer

Sales Director

Account Manager

Senior Consultant

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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