Does the employment contract need to be in writing?

No, verbally agreed employment contracts are legally enforceable. But you are strongly advised to have a written employment contract.

Benefits of written contracts

There are multiple benefits of having a signed written employment contract, which includes:

• Specifying explicitly and serves as evidence of the employment terms and conditions;
• Reminding both employers and employees of their contractual obligations;
• Protecting the interests of both parties; and
• Minimising unnecessary labour disputes.

What goes into an employment contract

Per the Employment Ordinance, an employer must include the following in their employment contract:

• Wages (including rate of wages, overtime rate and any allowances, whether calculated by the piece, job, hour, day, week or otherwise);
• Wage period;
• Length of notice required to terminate the contract; and
• End of year payment or proportion of it and the payment period (if applicable).
• Other employment conditions such as working hours, holidays arrangements, etc., should also be clearly specified.

If the contract of employment is in writing, the employer is required to provide a copy of the contract to the employee immediately after it is signed or validated.

A copy of a standard employment contract can be found here.

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