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Definite Employment Contract Template for Malaysia

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Key Requirements PROMPT example:

Definite Employment Contract

"I need a Definite Employment Contract for a software developer position in Kuala Lumpur, with a 12-month term starting January 1, 2025, including remote work provisions and intellectual property clauses for a technology startup."

Document background
The Definite Employment Contract is essential for establishing fixed-term employment relationships in Malaysia, commonly used for project-based work, seasonal employment, or temporary positions. This document ensures compliance with Malaysian employment legislation, particularly the Employment Act 1955, while protecting both employer and employee interests. It should be used when engaging employees for a specific duration or project, containing all necessary terms including appointment duration, renewal conditions, compensation, benefits, and termination provisions. The contract's structure accommodates various industry requirements while maintaining compliance with Malaysian labor laws, minimum wage regulations, and statutory benefit requirements.
Suggested Sections

1. Parties: Identification of the employer and employee with complete details

2. Background: Brief context of the employment arrangement and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Term: Details of the position, employment duration, and renewal terms

5. Duties and Responsibilities: Main responsibilities, reporting structure, and work expectations

6. Place of Work: Primary workplace location and any flexibility arrangements

7. Hours of Work: Working hours, rest days, and overtime arrangements

8. Remuneration: Salary, payment schedule, and other monetary benefits

9. Leave Entitlements: Annual, medical, and other statutory leave entitlements

10. Employee Benefits: EPF, SOCSO, EIS, and other statutory benefits

11. Termination: Notice periods and grounds for termination

12. Confidentiality: Protection of company confidential information

13. Governing Law: Malaysian law as the governing law of the contract

14. Entire Agreement: Standard boilerplate confirming this as the complete agreement

Optional Sections

1. Probation Period: Include if the fixed-term contract includes an initial probation period

2. Non-Competition: Include for senior positions or roles with access to sensitive information

3. Intellectual Property: Include for creative, technical, or R&D positions

4. Remote Work: Include if the role allows for remote working arrangements

5. Performance Bonus: Include if role includes performance-based incentives

6. Training Requirements: Include if specific training or certifications are required

7. Medical Benefits: Include if additional medical benefits beyond statutory requirements are provided

8. International Travel: Include if role requires international travel

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and key performance indicators

2. Schedule 2 - Compensation Details: Breakdown of salary components, allowances, and benefits

3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms

4. Schedule 4 - Statutory Benefits: Details of all statutory benefits and calculations

5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

6. Appendix B - Confidential Information: Definition and examples of confidential information

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






















Clauses






























Relevant Industries

Manufacturing

Technology

Construction

Education

Healthcare

Hospitality

Retail

Financial Services

Agriculture

Mining

Professional Services

Entertainment

Telecommunications

Energy

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Project Management Office

Operations

Administration

Finance

Research and Development

Academic Affairs

Production

Information Technology

Sales

Marketing

Construction

Engineering

Relevant Roles

Project Manager

Contract Engineer

Seasonal Worker

Temporary Administrator

Fixed-term Consultant

Research Associate

Visiting Professor

Contract Teacher

Interim Director

Project Coordinator

Construction Supervisor

Technical Specialist

Campaign Manager

Contract Developer

Term-based Researcher

Seasonal Sales Representative

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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