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HONG KONG ADDENDUM
For Hong Kong Employees Only
To our Hong Kong employees: Please note that wherever Hong Kong law provides for or offers greater protections to our employees, Hong Kong law will govern. Some of the policies below may not be applicable to all employees. Please contact a member of the Human Resources Department if you have any questions about the content of this Addendum. Table of Contents
SUPPLEMENTARY TERMS AND CONDITIONS OF EMPLOYMENT
Probationary Period
Normal Place of Work
Your Work Schedule
Employees’ Compensation Insurance
Secondment Within Hong Kong – Terms and Conditions
Mandatory Provident Fund (MPF) and Other Retirement Benefits
Annual Leave
Sickness
Personal Data
Leaving Citadel
NON-CONTRACTUAL POLICIES AND PROCEDURES
ADVERSE WEATHER ARRANGEMENTS
Typhoon Signals and Rainstorm Warnings
PARENTAL LEAVE AND OTHER TIME OFF
Maternity Leave
Paternity Leave
Bereavement Leave
Jury Service
SUPPLEMENTARY TERMS AND CONDITIONS OF EMPLOYMENT
All references to the Employment Ordinance in this Addendum are to the Hong Kong Employment Ordinance, Cap 57.
Probationary Period
While Citadel hopes your employment will be long term, the first three months of your employment will be a probationary period. This is an opportunity for Citadel to review your suitability for the job.
If you do not pass your probationary period, you will receive a letter terminating your employment. The terms and conditions of employment set out in the Handbook apply to you during your probationary period except that during the first 60 days of your probationary period you will not be eligible to participate in any pension arrangements Citadel has in place or any pension arrangements that any other entity of the Citadel Group may have in place. The notice provisions that apply during your probationary period are set out as follows:
Normal Place of Work Your normal place of work is Citadel’s premises in Hong Kong. We reserve the right to relocate our offices to any place within Hong Kong or otherwise make reasonable changes to your normal place of work at any time. Your Work Schedule
Your normal hours of work will be agreed with your manager. You are required to work such additional hours without additional pay as are necessary for the proper performance of your duties and responsibilities. Unless advised otherwise, Sunday shall be your statutory rest day with Saturday being a contractual day off which Citadel may, among other things, designate as an alternative holiday in respect of any statutory holiday worked. Employees’ Compensation Insurance
Citadel has adequate employees’ compensation insurance in place as required under Hong Kong law. Secondment Within Hong Kong – Terms and Conditions
From time to time, you may be seconded from your employment entity in Hong Kong (the “Employment Entity”) to other Citadel Group entities within Hong Kong (the “Secondment Entity”). The terms of your secondment to each Secondment Entity will be governed by the terms and conditions of any separate secondment letter that you may be asked to sign, or by the terms and conditions set out in this Section (Secondment Within Hong Kong – Terms and Conditions) (“this Section”) as notified to you by Citadel. For the avoidance of doubt, if you have signed a separate secondment letter or international assignment letter, the following provisions do not apply to you. 1. The terms and conditions on which you are employed by the Employment Entity from time to time are unaffected by the secondment and will remain unchanged, except as specifically provided for within this Section (as amended from time to time) or as further notified to you (from time to time).
2. For the avoidance of doubt, documents 1 to 6 under section “B. SUPPLEMENTARY TERMS AND CONDITIONS OF EMPLOYMENT” of the Handbook signed by you shall remain in full force and effect, and any reference to your employment with the Employment Entity shall include the period of your secondment to the Secondment Entity.
3. If any changes are subsequently made to the terms of your employment or this Section during the secondment period, the secondment will be on such revised terms and revised version of this Section.
4. During the secondment, you will remain an employee of the Employment Entity and the period of secondment will count as part of your continuous employment with the Employment Entity. You will not be an employee of the Secondment Entity during the secondment and nothing in this Addendum/the Handbook or any separate document shall deem you to be an employee of the Secondment Entity or have the effect of transferring your employment from the Employment Entity to the Secondment Entity.
5. The secondment will terminate automatically upon the earlier of (i) termination of your employment with the Employment Entity for any reason (ii) if you are no longer lawfully entitled to work for the Employment Entity (iii) (if applicable) you cease to be licensed by the relevant regulatory body to carry on, or are otherwise prevented from carrying on “regulated activity” (or the equivalent term as defined in applicable laws) for the Secondment Entity or (iv) the date on which you are placed on garden leave. In addition, the Employment Entity may for any reason at any time terminate the secondment immediately by written notification to you, including, but not limited to, when the following situations arise:
(a) You do or omit to do anything (whether in connection with the secondment or otherwise) which, if done or omitted to be done when performing services for the Employment Entity, would allow the Employment Entity to terminate your employment without notice or payment in lieu of notice;
(b) You act in a way which is, in the reasonable opinion of the Secondment Entity, harmful to the Secondment Entity’s business (whether in connection with the secondment or otherwise);
(c) (If applicable) the Secondment Entity is of the opinion that you would not be viewed by the relevant regulatory body as being a fit and proper person to be or to remain a “regulated person” (or the equivalent term as defined in applicable laws);
(d) You are censured, disciplined or disqualified by any regulatory or professional body whether in connection with the secondment or otherwise; or:
(e) You are the subject of an investigation conducted by any regulatory, criminal investigatory or professional body whether in connection with the secondment or otherwise; or
(f) Your secondment with any other Secondment Entity is terminated.
6. The Employment Entity may treat any serious misconduct during your secondment as a fundamental breach of your employment terms and in such instance, the Employment Entity may terminate your employment immediately without notice or payment in lieu of notice. Nothing in this Addendum/the Handbook limits the rights of you or the Employment Entity to terminate your employment in accordance with the employment terms. If your employment or the secondment is terminated, and if applicable, you understand and agree that the Secondment Entity will take steps to remove your accreditation as a “regulated person” (or the equivalent term as defined in applicable laws).
7. During the secondment, the Secondment Entity will designate (i) your job title (ii) the representative(s) who will supervise you and to whom you will report (iii) the allocation of your duties and time and (iv) your normal place of work. The Employment Entity reserves the right, following discussion with you, to change your normal place of work to any other office of the Citadel Group.
8. During the secondment you will comply with all applicable laws, regulations, rules and procedures (including but without limitation to the regulations, rules, codes and procedures issued by any relevant regulatory authorities) and applicable policies, procedures, manuals and guidelines issued by Citadel Group from time to time (which may include the Employment Entity’s, the Secondment Entity’s or other Citadel Group entities’ policies, procedures, manuals and guidelines, as amended from time to time) and the Citadel Group Personal Investment Policy.
9. During the secondment while you act for the Secondment Entity, you will not act or represent yourself as acting, at any time in any capacity as a representative of the Employment Entity in relation to any regulated activities.
10. During the secondment, you agree to: (a) Act at all times in the Secondment Entity’s best interests; (b) Use all reasonable skill and care in carrying out your duties for the Secondment Entity; (c) Assist the Secondment Entity to comply with the laws and regulations that apply to the Secondment Entity; (d) Not, without express written approval of the Secondment Entity do any act outside the ordinary course of business of the Secondment Entity; and (e) Observe the same obligations with respect to confidential information and company property of the Secondment Entity as you must observe with respect to confidential information and company property of the Employment Entity (whether under the employment terms or otherwise).
11. To effectively evaluate your performance and contribution during the secondment, the Employment Entity will from time to time obtain feedback from your secondment supervisor(s).
12. Your salary will continue to be paid by the Employment Entity. All other benefits and entitlements, including any leave entitlements (which shall include, without limitation, annual leave, statutory holidays and sick leave), will continue in accordance with your employment terms, this Addendum/the Handbook, any applicable Citadel Group policies or procedures which will continue to apply to you during the secondment, and any applicable laws.
13. The Employment Entity may provide personal data concerning you to the Secondment Entity as more fully described in the Personal Data section in this Addendum and your personal data may be used by the Secondment Entity in accordance with its data protection policies.
Mandatory Provident Fund (MPF) and Other Retirement Benefits
Please refer to the Intranet for information on MPF and other retirement benefits. Annual Leave
Entitlement In addition to the 17 gazetted Hong Kong general holidays (which includes statutory holidays), you are entitled to 20 working days’ paid annual leave per holiday year as your Annual Leave Entitlement (accrued throughout the year).
Procedures
Your Annual Leave Entitlement is inclusive of any statutory annual leave entitlement. The portion of annual leave required under the Employment Ordinance is “statutory annual leave” and any annual leave granted in addition to the statutory minimum is “additional annual leave”. Except in your first year of employment, annual leave taken will be reduced against your statutory annual leave balance first. Once you use all your statutory annual leave, any further annual leave you take will be reduced against your additional annual leave balance.
Statutory annual leave must be taken at the time required under the Employment Ordinance, which is the year after it accrues. Any additional annual leave must be taken within the same year that it accrues. Five days of your accrued but unused additional annual leave will automatically be carried forward from one holiday year to the following holiday year. Subject to applicable law, additional carryovers of any accrued but unused additional annual leave are prohibited and no payment will be made in lieu of such accrued but unused annual leave. Termination of Employment
On the termination of your employment, we will pay you in lieu of any accrued but untaken Annual Leave Entitlement. This will be calculated at the rate of 1/260th of your annual basic salary for each accrued but untaken day (or the rate under the Employment Ordinance, if that is greater). If you have used more than your accrued Annual Leave Entitlement at the termination of your employment you must repay us (or we may make a deduction, to the extent permitted by law, and without prejudice to our right to seek repayment by you of any part still outstanding thereafter) at the rate of 1/260th of your annual basic salary for each excess day (or the rate under the Employment Ordinance if that is greater).
Sickness
Entitlement Your sickness leave benefit shall be in accordance with the Employment Ordinance. You shall accumulate sickness allowance entitlements at a rate of (i) two paid sickness days for each completed month of service during the first 12 months of continuous service and (ii) four paid sickness days for each month thereafter up to a maximum of 120 paid sickness days.
Sickness allowance will be calculated at 80% of your average wages. Sickness allowance will only be payable provided you have been absent due to sickness for a continuous period of four or more days and you have submitted a medical certificate or such other document required by the Employment Ordinance for the entire period of the sickness absence. After completing three months of continuous service, you will be entitled to sick leave in accordance with the Short-Term Disability (STD) Policy which is inclusive of any statutory entitlement you may accrue and be entitled to receive. Please refer to the Intranet for further details of this benefit. If you are absent from work due to sickness or injury, you must inform your manager, the Chief Operating Officer, or Human Resources at the start of your normal working day on each day of absence. You must keep Citadel regularly informed of the reasons for and expected duration of your absence. Any unauthorised absence for whatever reason must be explained and failure to do so may be treated as a disciplinary matter. Pay During Sickness
If you do not qualify for STD sick pay in accordance with the STD Policy or if statutory requirements under Hong Kong law provides for more beneficial statutory entitlements, you will be entitled to sick leave and sickness allowance during your period of absence from work due to sickness or injury in accordance with Hong Kong law.
Personal Data
The following information is provided to you in accordance with the requirements of the Personal Data (Privacy) Ordinance.
You may be required to supply personal data in connection with your employment. Citadel may not be able to provide necessary support to you during your employment if you do not provide us with your personal data. All personal data concerning you (whether provided by you or any other person, and whether provided before or after the date of the employment contract) may be collected, used, and maintained for the following purposes:
All personal data collected by Citadel concerning you (whether provided by you or any other person, and whether provided before or after the date of the employment contract) may be used by Citadel and/or disclosed or transferred (within or outside Hong Kong) to:
for the abovementioned purposes for which the personal data are to be used. It is Citadel’s policy to retain certain personal data of employees when they cease to be employed by us. Such data is required for any residual employment-related activities in relation to a former employee including, but not limited to: the provision of job references, processing applications for re-employment, matters relating to retirement benefits, and allowing us to fulfil contractual or statutory obligations. Citadel generally retains data in respect of employees for a period of seven years from the date the employee leaves Citadel’s employment unless there is a subsisting reason that obliges Citadel to retain the data for a longer period. In order to ensure the correct use and to maintain the accuracy of data collected from you, as well as preventing unauthorized or accidental access, processing, erasure or other use of the data, Citadel has implemented various physical, electronic, and managerial measures to safeguard and secure the data Citadel collects. In general, and subject to certain exemptions, you are entitled to:
Any request for access to and/or correction of personal data should be addressed to Head of People, APAC at APAC_People@citadel.com. Leaving Citadel
NON-CONTRACTUAL POLICIES AND PROCEDURES
ADVERSE WEATHER ARRANGEMENTS Typhoon Signals and Rainstorm Warnings
Typhoon Signal No.1 and 3 The office is open and all employees should report to duty and work as usual. Employees who have difficulties in reporting for duty should inform their manager as soon as possible.
Typhoon Signal No.8 or above
When hoisted within two hours before normal working hours, all employees are not required to report to duty. When hoisted during working hours, all employees are allowed to leave the office. If weather conditions are so adverse that it is unsafe for you to leave after work, you are allowed to stay in the office until weather conditions have improved. When lowered not less than three hours before the end of working hours, all employees have to return to work within two hours. You should call your manager if you have difficulties in returning to work.
Amber or Red Rainstorm Warning
All employees should report to duty and work as usual. If you are unable to report for duty on time due to a rainstorm, you should call your manager as soon as possible.
Black Rainstorm Warning
If a black rainstorm warning is issued before the commencement of working hours, all employees, except those required to attend to a specific duty during the black rainstorm warning, should stay at home until the warning is lowered.
If a warning is still in force within three hours of the end of working hours, all employees are not required to report to duty.
If a black rainstorm warning is issued during working hours, all employees should continue to work unless it is dangerous to do so.
If a warning is still in force by the end of working hours, all employees are allowed to leave the office. If weather conditions are so adverse that it is unsafe for you to leave after work, you are allowed to stay in the office until weather conditions have improved. PARENTAL LEAVE AND OTHER TIME OFF
Permanent employees who are under a continuous contract of employment are eligible for paid maternity leave and paternity leave under this policy (“Parental Leave”). Individuals considered interns and other employees are not eligible for such leave, and they are entitled to maternity or paternity leave benefits under the Employment Ordinance, if applicable.
Employees must complete the necessary forms and provide all documentation as required by the HR Benefits Team to substantiate any leave requests under this section. Maternity Leave
If you become pregnant and have a baby while you are employed by Citadel, you will be entitled to take paid maternity leave in accordance with this policy.
Leave Entitlement and Maternity Pay
Regardless of your length of service, you will be entitled to take maternity leave of 16 weeks in one continuous period on full pay (inclusive of any statutory maternity leave entitlement you may have under the Employment Ordinance).
If you need to take additional leave as a result of pregnancy-related illness, you may apply for sickness leave in accordance with this Addendum. Throughout your maternity leave period, your entitlements and benefits will remain the same. During your period of maternity leave, you will continue to accrue annual leave at your contractual rate. Ante-Natal Care
If you are pregnant and have made an appointment to receive ante-natal care on the advice of a registered medical practitioner, you may take time off work to attend the appointment. You will not be required to work additional or different hours to make up the lost time but we ask that you endeavour to arrange ante-natal appointments at the beginning or end of the working day where possible.
Start of Maternity Leave
A medical certificate certifying the pregnancy by a registered medical practitioner is required by Citadel and should be provided to the HR Benefits Team. Hong Kong law requires that you must start your maternity leave any time within two to four weeks before your child is due to be born. However, you will be required to commence maternity leave four weeks before your child is due to be born, unless you have agreed with Citadel that you may commence your maternity leave later, subject to the legal minimum period of two weeks before your child is due to be born. If the actual date of birth occurs before the scheduled maternity leave, then maternity leave shall commence on the date of birth. You must inform your manager and the HR Benefits Team, no later than four weeks before the expected date of birth, the date on which you wish to commence maternity leave.
Paternity Leave
If you become a father of a newly born child, or a father-to-be of a new born child, or a parent of an adopted child or child placed in long-term or permanent foster case while you are employed by Citadel, you will be entitled to take paid paternity leave in accordance with this policy.
Regardless of your length of service, employees who are new fathers, fathers-to-be of a new born child, or the parent of an adopted child, or a child placed in long-term or permanent foster care, are entitled to take up to 10 days’ paternity leave on full pay (inclusive of any statutory paternity leave entitlement under the Employment Ordinance). In order to qualify for paternity leave, you must:
Eligible employees are generally entitled to take the 10 days of paternity leave in one continuous period, or two 5-day periods. An employee may, upon request, take the statutory portion of his paternity leave (i.e. five days) in further separate days. Employees may take paternity leave at any time during the period from four weeks before the expected date of delivery/adoption/fostering placement of the child to 14 weeks beginning on the actual date of delivery/adoption/fostering placement of the child. Only one period of leave will be available to you irrespective of whether more than one child is (i) born as a result of the same pregnancy, (ii) adopted, or (iii) placed on fostering care.
In relation to a newly born child, if you notify your manager and the HR Benefits Team of the expected delivery of the child at least 3 months before the expected delivery date (“3-month notification rule”), you can take paternity leave by notifying your manager and the HR Benefits Team immediately prior to taking leave. If you do not satisfy the 3-month notification rule, you must notify your manager or the HR Benefits Team of the intended date of leave at least five days before the leave begins. For the avoidance of doubt, an employee who has taken maternity leave will not be entitled to paternity leave under this section. Bereavement Leave
You will be entitled to take up to five days’ leave on full pay to attend the funeral or take care of related personal details due to a death in your immediate family. “Immediate family” for purposes of this policy is defined as your spouse, children, parents, grandparents, siblings, siblings-in-law and parents-in-law.
Jury Service
You will be allowed time off work to perform jury service. You will also be permitted to retain any compensation for loss of earnings you receive from the court for such service. If, during the period of jury duty, you are not required to attend jury duty during your regularly scheduled work day, you must report to work during those times. You must submit to your manager a copy of the summons to appear as a juror as soon as it is received. In addition, proof of service must be submitted to your manager when your period of jury duty is completed.
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