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Contract For Service And Contract Of Service Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Contract For Service And Contract Of Service template serves as a foundational document for establishing clear legal relationships between organizations and individuals in Malaysia. This document is essential when engaging either employees (Contract of Service) or independent contractors (Contract for Service), providing distinct terms and conditions appropriate for each relationship type. It ensures compliance with Malaysian employment laws, including the Employment Act 1955, Industrial Relations Act 1967, and relevant regulations while addressing crucial aspects such as scope of work, compensation, statutory benefits, intellectual property rights, and termination provisions. The template is designed to be customizable for various industries and roles while maintaining legal compliance and protecting both parties' interests. Use this document when hiring new employees or engaging independent contractors to ensure proper classification and documentation of the working relationship.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























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Relevant Industries

Technology

Manufacturing

Professional Services

Financial Services

Healthcare

Education

Retail

Construction

Hospitality

Telecommunications

Media and Entertainment

Real Estate

Logistics and Transportation

Energy

Agriculture

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Procurement

Compliance

Risk Management

Talent Acquisition

Employee Relations

Relevant Roles

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

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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