Cleaning Services Agreement (Hong Kong)

Cleaning Services Agreement in Hong Kong is a legally binding contract between a client and a cleaning company governing the provision of cleaning and related environmental hygiene services at commercial, industrial, food service, healthcare, or residential premises. These agreements are governed by the Occupational Safety and Health Ordinance (Cap. 509), the Factories and Industrial Undertakings Ordinance (Cap. 59), the Employment Ordinance (Cap. 57), the Minimum Wage Ordinance (Cap. 608), the Public Health and Municipal Services Ordinance (Cap. 132), and the general law of contract in Hong Kong.

The Labour Department is the primary enforcement agency for occupational safety and health obligations in the cleaning industry, enforcing Cap. 509 and Cap. 59. The Occupational Safety and Health Council (OSHC) — a statutory body established under the Occupational Safety and Health Council Ordinance (Cap. 404) — provides training programmes and guidance for cleaning workers. The Food and Environmental Hygiene Department (FEHD) enforces environmental hygiene standards under the Public Health and Municipal Services Ordinance (Cap. 132), including standards relevant to food establishment cleaning.

Hong Kong's cleaning industry employs a significant workforce subject to the Employment Ordinance (Cap. 57). Since 1 May 2023, the statutory minimum wage in Hong Kong is HK$40.00 per hour under the Minimum Wage Ordinance (Cap. 608), applicable to all employees except live-in domestic workers and specified student interns. Cleaning companies providing workers under continuous contracts (employed for 4 weeks or more, 18 or more hours per week) must comply with all statutory entitlements under Cap. 57 — including annual leave under Section 41, sick leave under Section 33, and statutory holidays under Section 39.

For Mandatory Provident Fund (MPF) purposes under the Mandatory Provident Fund Schemes Ordinance (Cap. 485), cleaning workers employed under continuous contracts must have both employer and employee MPF contributions made at 5% of relevant income each, subject to the income bands (HK$7,100 to HK$30,000 per month as of 2025). From 1 May 2025, the MPF offset arrangement is abolished for post-transition service — cleaning companies can no longer offset severance payments under Section 31 of Cap. 57 or long service payments under Section 31Y against MPF accruals for service after that date. This change significantly increases the effective termination cost of long-serving cleaning workers and affects the pricing and financial planning of cleaning service contracts.

For work at height — which arises in facade cleaning, window cleaning, and high-rise building maintenance — additional regulatory requirements apply under the Work at Height Regulation made under the Factories and Industrial Undertakings Ordinance (Cap. 59). Employers must conduct risk assessments, provide appropriate fall arrest systems, and confirm workers are trained in safe working at heights. A Hong Kong Cleaning Services Agreement should explicitly address the allocation of these safety obligations between the cleaning company and the client building owner or manager.

A notable feature of Hong Kong cleaning contracts compared to those in Singapore, Australia, or the United Kingdom is the complete absence of GST or VAT — Hong Kong has no consumption tax. All fees are expressed in Hong Kong Dollars (HKD) and are the total amounts payable. Payment is typically made by bank transfer, cheque, or the Faster Payment System (FPS). The Building Management Ordinance (Cap. 344) governs the engagement of cleaning contractors by owners corporations for common area cleaning in multi-owner buildings.

Cleaning Services Agreement in Hong Kong is needed whenever a business, organisation, building management committee, or individual engages a professional cleaning company on an ongoing retainer or for a significant one-off cleaning project. The following specific circumstances each call for a written agreement.

Commercial office cleaning: Hong Kong office buildings — from Grade A towers in Central and Admiralty to business parks in Kowloon Bay and Kwun Tong — require regular cleaning of workspaces, restrooms, pantries, lift lobbies, and reception areas. The agreement must address after-hours access, security procedures for cleaning staff in areas containing confidential materials, and compliance with the building's house rules and the Deed of Mutual Covenant (DMC) requirements.

Industrial and warehouse cleaning: Industrial cleaning at factories, warehouses, and logistics facilities involves specialised equipment and elevated occupational safety considerations under the Occupational Safety and Health Ordinance (Cap. 509) and the Factories and Industrial Undertakings Ordinance (Cap. 59). The agreement must address chemical handling, waste disposal obligations under the Waste Disposal Ordinance (Cap. 354), and work permit requirements for working at height.

Food establishment cleaning: Restaurant, hotel, food factory, and food processing facility cleaning must comply with FEHD hygiene requirements under the Public Health and Municipal Services Ordinance (Cap. 132), including grease trap cleaning frequencies, exhaust hood degreasing intervals, and pest prevention protocols under the Food Business Regulation (Cap. 132X). FEHD inspectors may request cleaning records during inspections.

Residential building common area cleaning: In Hong Kong's high-density residential buildings, cleaning of common areas — lobbies, corridors, car parks, podium gardens, and recreational facilities — is managed under contracts with the owners corporation or Incorporated Owners (IO) committee, governed by the Building Management Ordinance (Cap. 344). The IO must comply with the provisions of Cap. 344 when tendering for and awarding cleaning contracts.

Healthcare and clinic cleaning: Medical clinics, dental practices, and private hospitals require specialised cleaning protocols consistent with infection control guidelines issued by the Centre for Health Protection (CHP) of the Department of Health and the Hospital Authority. The cleaning agreement must specify disinfection standards, the cleaning schedule for clinical versus non-clinical areas, and compliance with the Private Healthcare Facilities Ordinance (Cap. 633).

Post-renovation cleaning: After construction or renovation works in Hong Kong, Building Authority clearance and thorough deep cleaning — including removal of construction dust, adhesive residues, and chemical cleaning agents — is required before a premises can be safely occupied.

Cleaning Services Agreement in Hong Kong should contain the following key elements to be legally effective under the Occupational Safety and Health Ordinance (Cap. 509), compliant with the Employment Ordinance (Cap. 57) and the Minimum Wage Ordinance (Cap. 608), and sufficient to manage service quality and liability.

Scope of Services: A precise description of the areas to be cleaned (specifying each room, floor, zone, or building area), the tasks to be performed (sweeping, mopping, dusting, disinfection, waste removal), the cleaning frequency (daily, weekly, fortnightly, monthly), consumables supplied by the cleaning company versus those provided by the client, and any specialised cleaning services (facade cleaning under Cap. 59 Work at Height Regulation, healthcare disinfection, food establishment grease trap cleaning under Cap. 132).

Service Schedule: Days and times of cleaning visits, access arrangements (key holding, access card, after-hours entry procedures), security protocols for cleaning staff accessing sensitive areas, and the client's building house rules under any applicable Deed of Mutual Covenant (DMC).

Staff Requirements: The cleaning company's obligation to comply with the Employment Ordinance (Cap. 57) — including payment of at least HK$40 per hour under the Minimum Wage Ordinance (Cap. 608), provision of statutory holidays under Section 39, annual leave under Section 41, and sick leave under Section 33. OSHC training certificates required for cleaning workers, criminal record check requirements, conduct standards, and uniform requirements.

Occupational Safety and Health: The cleaning company's obligations under the Occupational Safety and Health Ordinance (Cap. 509) — including maintaining a safe system of work, conducting risk assessments under the OSH Regulation, providing personal protective equipment (PPE), confirming safe storage and use of cleaning chemicals, and reporting workplace accidents to the Labour Department under the Employees' Compensation Ordinance (Cap. 282).

Quality Standards and KPIs: Key Performance Indicators for service quality, inspection and audit procedures (scheduled and unannounced), defect notification and rectification timeframes (typically 48-72 hours for routine issues), escalation procedures, and consequences of persistent service failures including fee deductions or termination rights.

Payment Terms: Monthly service fee in HKD (no GST or VAT applicable in Hong Kong), additional charges for ad hoc deep cleaning or specialist services, payment due date, accepted payment methods (bank transfer, cheque, Faster Payment System), and interest on late payments.

MPF Contributions: Confirmation that employer and employee MPF contributions at 5% of relevant income will be made for all qualifying employees under the Mandatory Provident Fund Schemes Ordinance (Cap. 485), including the post-May 2025 position on abolition of the MPF offset arrangement.

Termination: Notice period for termination for convenience (typically 1-3 months for commercial contracts); grounds for immediate termination (serious safety incident, criminal conduct of cleaning staff, persistent failure to meet KPIs); and equipment removal and handover procedures on exit.

Liability and Insurance: The cleaning company's obligation to maintain public liability insurance at a minimum specified level (typically HK$10 million per occurrence for commercial premises); employees' compensation insurance as required under the Employees' Compensation Ordinance (Cap. 282) covering all cleaning workers deployed under the contract; limitation of liability for accidental damage to the client's property; and indemnification obligations for injury to persons or property damage caused by cleaning staff negligence.

Data Protection: Where cleaning staff access areas containing personal data — such as employee workstations, client files, or medical records in healthcare premises — the agreement should address compliance with the Personal Data (Privacy) Ordinance (Cap. 486), including confidentiality obligations on cleaning staff, restrictions on photographing or removing documents, and the cleaning company's obligation to report any suspected data breach to the client immediately. The PCPD's guidance requires data users to take all practicable steps to prevent unauthorised access to personal data held on their premises.

Governing Law: Confirmation that the agreement is governed by the laws of the Hong Kong Special Administrative Region, and that disputes are subject to Hong Kong courts or agreed mediation/arbitration. Forms-legal.com provides a free Cleaning Services Agreement template for Hong Kong businesses alongside the related hk-service-agreement and hk-independent-contractor-agreement.