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Contract For Service And Contract Of Service
"I need a Contract for Service and Contract of Service template for my technology startup in Malaysia, specifically to hire both full-time software developers as employees and freelance UI/UX designers as contractors starting March 2025."
1. Parties: Identification of the employer/principal and employee/contractor, including full legal names and registration/identification numbers
2. Background: Context of the agreement and nature of the relationship (whether employment or independent contractor)
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Nature of appointment, commencement date, and duration (fixed-term or permanent)
5. Duties and Responsibilities: Detailed description of role, responsibilities, and reporting structure
6. Remuneration and Benefits: Salary/fees, payment terms, and statutory benefits (if applicable)
7. Working Hours and Location: Schedule of work, place of work, and flexibility arrangements
8. Leave Entitlements: Annual, medical, and other statutory leave entitlements (for employment contracts)
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and rights to work products and innovations
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients
12. Termination: Grounds for termination, notice periods, and procedures
13. Post-Termination Obligations: Continuing obligations after contract end
14. Governing Law: Malaysian law as governing law and jurisdiction
1. Probationary Period: Terms of probation period - include for employment contracts with probation
2. Performance Reviews: Performance evaluation process and frequency - include if formal review process exists
3. Commission Structure: Details of commission calculations and payments - include for sales or commission-based roles
4. Equipment and Resources: Provision and maintenance of work equipment - include if specific equipment is provided
5. Training and Development: Professional development obligations and opportunities - include if specific training requirements exist
6. Mobility Clause: Terms for potential relocation or travel - include if role requires mobility
7. Insurance Coverage: Professional indemnity or other insurance requirements - especially for contractors
8. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value contracts
9. Dispute Resolution: Alternative dispute resolution procedures - include for complex arrangements
1. Schedule 1 - Job Description: Detailed breakdown of duties, responsibilities, and performance expectations
2. Schedule 2 - Remuneration Structure: Detailed breakdown of salary/fees, allowances, and benefits
3. Schedule 3 - Company Policies: Key company policies and procedures applicable to the relationship
4. Schedule 4 - Performance Metrics: Specific KPIs or performance measurement criteria
5. Schedule 5 - Statutory Benefits: Details of statutory contributions and benefits (for employment contracts)
6. Appendix A - Confidential Information: List of specific confidential information and trade secrets
7. Appendix B - Equipment List: Inventory of provided equipment and resources
8. Appendix C - Approved Outside Activities: List of pre-approved external commitments or activities
Authors
Technology
Manufacturing
Professional Services
Financial Services
Healthcare
Education
Retail
Construction
Hospitality
Telecommunications
Media and Entertainment
Real Estate
Logistics and Transportation
Energy
Agriculture
Human Resources
Legal
Finance
Operations
Administration
Procurement
Compliance
Risk Management
Talent Acquisition
Employee Relations
Chief Executive Officer
Managing Director
Department Manager
Project Manager
Software Developer
Business Consultant
Sales Representative
Administrative Assistant
Human Resources Manager
Financial Analyst
Marketing Specialist
Technical Consultant
Operations Manager
Research Analyst
Customer Service Representative
Product Manager
Graphic Designer
Content Writer
Business Development Manager
Legal Counsel
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