The Employment Contract For Domestic Helper is a crucial legal document used in Malaysia when engaging household staff. It serves as a formal agreement between employers and domestic helpers, ensuring compliance with Malaysian employment laws, including the Employment Act 1955 and related regulations. This document becomes particularly important given the significant number of foreign domestic helpers in Malaysia, incorporating both employment and immigration requirements. The contract typically includes detailed terms about working conditions, salary, accommodation, healthcare, and other benefits, while also addressing specific requirements for work permits and immigration status. It's designed to protect both employer and employee interests while ensuring adherence to local labor laws and Ministry of Human Resources guidelines.
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1. Parties: Identification of the employer and the domestic helper, including full names, identification/passport numbers, and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the contract defined for clarity
4. Appointment and Duration: Terms of employment, including start date, contract duration, and probation period if applicable
5. Duties and Responsibilities: Detailed description of the helper's duties, working areas, and scope of work
6. Working Hours and Rest Days: Specified working hours, rest periods, and weekly rest days as per Malaysian law
7. Salary and Payment Terms: Wage amount, payment schedule, and method of payment in compliance with minimum wage requirements
8. Accommodation and Living Conditions: Details of provided accommodation, meals, and basic living conditions
9. Medical Benefits: Healthcare coverage and medical examination requirements
10. Leave Entitlements: Annual leave, sick leave, and public holiday entitlements
11. Termination: Conditions and procedures for contract termination by either party
12. Repatriation: Terms for return transportation upon contract completion or termination
13. General Provisions: Standard contractual clauses including governing law and dispute resolution
1. Immigration Requirements: Additional section required when employing foreign domestic helpers, covering visa requirements and responsibilities
2. Insurance Coverage: Section detailing additional insurance coverage beyond statutory requirements
3. Special Skills Requirements: For cases where specific skills (e.g., infant care, elderly care, cooking) are required
4. Replacement and Transfer: Terms regarding replacement of helper or transfer of employment, if allowed
5. Emergency Procedures: Specific procedures for medical or other emergencies
6. Non-Disclosure Agreement: Confidentiality terms regarding employer's household matters
1. Schedule 1 - Detailed Job Scope: Comprehensive list of duties and responsibilities with specific tasks
2. Schedule 2 - Salary and Benefits Breakdown: Detailed breakdown of salary components, deductions, and additional benefits
3. Schedule 3 - House Rules: Specific household rules and guidelines to be followed
4. Appendix A - Safety Guidelines: Safety protocols and emergency procedures
5. Appendix B - Required Documents: Checklist of necessary documents including work permit, passport copies, and medical certificates
Relevant legal definitions
Clauses
Relevant Industries
Domestic Services
Household Employment
Personal Services
Residential Care
Employment Services
Recruitment
Relevant Teams
Human Resources
Legal
Compliance
Immigration
Recruitment
Employee Relations
Documentation
Administration
Relevant Roles
Household Manager
HR Manager
Employment Lawyer
Immigration Specialist
Recruitment Manager
Domestic Employment Coordinator
Household Staff Supervisor
Employment Agency Manager
HR Compliance Officer
Labor Relations Specialist
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