This document is essential when an individual is to be employed simultaneously by two separate employers in Malaysia, requiring a Dual Employment Contract to formalize the arrangement. It is commonly used in situations involving corporate groups, shared service arrangements, or specialized professional services where an employee's expertise is required by multiple entities. The contract ensures compliance with Malaysian employment law while clearly delineating working hours, responsibilities, and benefits between the two employment relationships. It includes specific provisions for managing potential conflicts of interest, confidentiality obligations to both employers, and coordination of statutory benefits as required under Malaysian legislation. The document is particularly relevant for corporate restructuring, professional services arrangements, or specialized technical roles where expertise needs to be shared across entities.
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1. Parties: Identification of both employers and the employee, including their registered addresses and registration numbers
2. Background: Context of the dual employment arrangement and the relationship between the employers if any
3. Definitions: Key terms used throughout the agreement, including specific terminology for distinguishing between the two employment relationships
4. Terms of Employment: Duration of the agreement, commencement date, and any probationary periods for each role
5. Roles and Responsibilities: Detailed description of duties and responsibilities under each employment relationship
6. Working Hours and Schedule: Allocation of working hours between both employers and scheduling arrangements
7. Remuneration and Benefits: Compensation structure from each employer and how statutory benefits are allocated
8. Leave Entitlements: How various types of leave are coordinated between both employers
9. Confidentiality and Data Protection: Obligations regarding confidential information from both employments
10. Conflict of Interest: Provisions for managing potential conflicts between the two roles
11. Termination: Conditions and procedures for termination by either employer or the employee
12. Governing Law: Specification of Malaysian law as the governing law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Competition: Required when the two employers are in related industries or there's risk of competitive conflict
2. Intellectual Property Rights: Needed when either role involves creation of intellectual property
3. Performance Review: Optional section detailing how performance reviews will be conducted and coordinated
4. Training and Development: Include when specific training requirements exist for either role
5. Remote Working Arrangements: Required when either role involves remote work
6. Inter-employer Communication: Include when specific protocols for communication between employers are needed
7. Emergency Protocols: Required when dealing with roles that may have emergency call-outs or priority conflicts
1. Schedule 1 - Job Descriptions: Detailed job descriptions for both roles
2. Schedule 2 - Remuneration Details: Breakdown of salary and benefits from each employer
3. Schedule 3 - Working Schedule: Detailed weekly/monthly schedule showing allocation of time between employers
4. Schedule 4 - Benefits Allocation: Detailed breakdown of how statutory and additional benefits are allocated between employers
5. Schedule 5 - Reporting Structure: Organizational charts showing reporting lines in both organizations
6. Appendix A - Statutory Declarations: Required declarations under Malaysian employment law
7. Appendix B - Consent Forms: Employee's consent forms for data sharing between employers
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Professional Services
Healthcare
Education
Manufacturing
Consulting
Shared Services
Research and Development
Media and Entertainment
Corporate Groups
Multinational Corporations
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Research & Development
Compliance
Risk Management
Corporate Services
Administrative Services
Executive Office
Project Management Office
Relevant Roles
Chief Financial Officer
IT Director
HR Manager
Legal Counsel
Project Manager
Research Scientist
Technical Specialist
Department Head
Operations Manager
Compliance Officer
Risk Manager
Financial Controller
Systems Architect
Clinical Specialist
Business Development Manager
Group Executive
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