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Employee Leasing Agreement
"I need an Employee Leasing Agreement for my IT consulting company in Kuala Lumpur to lease software developers and project managers from a staffing agency, with particular emphasis on intellectual property protection and data security compliance, starting from March 2025."
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1. Parties: Identifies and provides full details of the leasing company (provider) and the client company
2. Background: Explains the context of the agreement, including the provider's business of providing temporary workforce and the client's need for workers
3. Definitions: Defines key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Charges', etc.
4. Scope of Services: Details the employee leasing services to be provided, including recruitment, payroll management, and HR administration
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Provider Responsibilities: Outlines the leasing company's obligations including employment contracts, payroll, statutory contributions, and insurance
7. Client Responsibilities: Defines client's obligations including workplace safety, day-to-day supervision, and operational direction of leased employees
8. Fees and Payment Terms: Details the fee structure, payment schedule, and related financial terms
9. Employment Terms: Specifies the general terms of employment applicable to leased employees
10. Statutory Compliance: Addresses compliance with Malaysian employment laws, social security, and other relevant regulations
11. Confidentiality: Protects confidential information shared between parties during the course of the agreement
12. Indemnification: Sets out mutual indemnification obligations and liability limitations
13. Dispute Resolution: Establishes procedures for resolving disputes between parties
14. General Provisions: Contains standard boilerplate clauses including notices, amendments, governing law, etc.
1. Insurance Requirements: Detailed insurance obligations when specific coverage types are needed beyond statutory requirements
2. Intellectual Property Rights: Required when leased employees may create or handle intellectual property
3. Non-Competition: Include when there's a need to restrict the provider from providing similar services to competitors
4. Data Protection: Detailed section needed when significant personal data processing is involved
5. Training and Development: Include when specific training requirements or professional development programs are part of the agreement
6. Performance Standards: When specific KPIs or performance metrics need to be maintained
7. Transition Services: Required when providing for potential transfer of employees to the client
8. Force Majeure: Detailed provisions for handling unforeseen circumstances affecting service delivery
1. Schedule 1 - Service Specifications: Detailed description of services, including specific roles and responsibilities
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Employee Categories and Qualifications: Lists different categories of employees and their required qualifications
4. Schedule 4 - Service Level Agreement: Specific performance metrics and service standards
5. Schedule 5 - Statutory Benefits Summary: Summary of statutory benefits and which party is responsible for each
6. Appendix A - Required Forms and Documentation: Templates for necessary forms and reporting documents
7. Appendix B - Health and Safety Requirements: Specific workplace safety requirements and procedures
8. Appendix C - Employee Handbook Reference: Reference to applicable policies and procedures for leased employees
Authors
Manufacturing
Construction
Information Technology
Healthcare
Hospitality
Retail
Logistics and Supply Chain
Oil and Gas
Engineering Services
Business Process Outsourcing
Agriculture
Mining
Financial Services
Telecommunications
Human Resources
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Business Development
Project Management
Executive Leadership
Human Resources Director
Legal Counsel
Procurement Manager
Operations Director
Finance Director
Compliance Officer
HR Manager
Contract Administrator
Risk Manager
Business Development Manager
Project Manager
Chief Financial Officer
General Manager
Managing Director
Chief Operating Officer
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