The Self Employment Form is a crucial legal document used in Hong Kong to formalize arrangements between organizations and independent contractors. It serves as the primary agreement defining the business relationship, responsibilities, and terms of engagement while ensuring compliance with Hong Kong laws and regulations. This document is essential when engaging individuals or businesses in a non-employment capacity, providing services on a self-employed basis. The contract includes provisions for taxation under the Inland Revenue Ordinance, data protection compliance, intellectual property rights, and clear differentiation from employment relationships. It's particularly important in today's gig economy and flexible working arrangements, where proper documentation of independent contractor status is crucial for both legal and tax purposes.
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1. Parties: Identification of the contracting parties - the company/client and the self-employed contractor
2. Background: Context of the agreement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the contractor
5. Term and Termination: Duration of the agreement and termination provisions
6. Fees and Payment Terms: Compensation, payment schedule, and expenses
7. Independent Contractor Status: Clear statement of self-employed status and tax responsibilities
8. Contractor's Obligations: Key responsibilities, quality standards, and delivery requirements
9. Client's Obligations: Support, information, and resources to be provided by the client
10. Intellectual Property Rights: Ownership and rights to work products and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Risk allocation and insurance requirements
13. Data Protection: Compliance with Personal Data (Privacy) Ordinance
14. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete: Restrictions on working with competitors (include only if necessary and ensure compliance with Competition Ordinance)
2. Equipment and Resources: Include when contractor needs to use specific equipment or resources
3. Performance Metrics: Include when specific KPIs or performance standards need to be met
4. Substitute Provision: Include when contractor has right to provide a substitute
5. Insurance Requirements: Detailed insurance obligations (include for high-risk services)
6. Health and Safety: Include when services involve on-site work or specific safety requirements
7. Change Control: Include for projects requiring formal change management processes
8. Force Majeure: Include when necessary to address unforeseen circumstances affecting service delivery
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance standards and quality metrics
4. Schedule 4 - Data Processing Requirements: Specific data handling and protection requirements
5. Appendix A - Required Insurance Coverage: Details of insurance types and coverage levels
6. Appendix B - Approved Substitutes: List of pre-approved substitute contractors if applicable
7. Appendix C - Equipment List: List of any equipment provided or required
8. Appendix D - Project Timeline: Key dates, milestones, and deliverables
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