The Employment Services Contract serves as a fundamental legal document for establishing employment relationships in Malaysia. This contract type is essential for businesses operating in Malaysia to ensure compliance with local employment laws, particularly the Employment Act 1955 and related legislation. It should be used when hiring new employees, whether permanent or fixed-term, and includes comprehensive terms covering remuneration, benefits, working hours, leave entitlements, and other employment conditions. The document incorporates mandatory provisions required by Malaysian law while allowing flexibility for industry-specific requirements and company policies. It provides legal protection for both employers and employees by clearly defining their respective rights and obligations, and includes specific provisions for confidentiality, intellectual property, and post-employment obligations.
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1. Parties: Identification of the employer and employee with complete details
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Job title, employment status (permanent/fixed-term), and commencement date
5. Duties and Responsibilities: Main job duties, reporting structure, and performance expectations
6. Place of Work: Primary workplace location and any mobility requirements
7. Working Hours: Standard working hours, rest days, and overtime provisions
8. Remuneration: Salary, payment schedule, and other monetary benefits
9. Leave Entitlements: Annual, medical, maternity/paternity, and other types of leave
10. Employee Benefits: Insurance, EPF, SOCSO, and other statutory and company benefits
11. Confidentiality: Protection of company confidential information
12. Intellectual Property: Ownership of work created during employment
13. Termination: Notice periods and grounds for termination
14. Post-Employment Obligations: Return of company property and continuing obligations
15. Governing Law: Application of Malaysian law and jurisdiction
16. Entire Agreement: Integration clause and relationship to other agreements
1. Probation Period: Details of initial probationary period - include for new employees
2. Non-Competition: Restrictions on working for competitors - include for senior positions
3. Non-Solicitation: Restrictions on soliciting employees/clients - include for client-facing roles
4. Commission Structure: Details of sales commission - include for sales positions
5. Flexible Working: Remote work arrangements - include if applicable
6. International Travel: Travel requirements and allowances - include if role requires travel
7. Training Requirements: Mandatory training and professional development - include for regulated roles
8. Share Options: Employee share scheme participation - include for senior executives
9. Language Requirements: Language proficiency requirements - include for multilingual roles
10. Medical Requirements: Special medical examinations or health requirements - include for specific industries
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements
2. Schedule 2 - Compensation Details: Breakdown of salary components, bonuses, and benefits
3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms
4. Schedule 4 - Performance Metrics: KPIs and performance evaluation criteria
5. Schedule 5 - Statutory Benefits: Details of statutory contributions and benefits
6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
7. Appendix B - IT Policy: Rules for use of company IT systems and equipment
8. Appendix C - Confidentiality Agreement: Detailed confidentiality terms and requirements
9. Appendix D - Leave Policy: Detailed leave application and management procedures
10. Appendix E - Grievance Procedures: Process for raising and addressing workplace grievances
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Education
Retail
Professional Services
Construction
Hospitality
Telecommunications
Energy
Transportation
Media and Entertainment
Real Estate
Agriculture
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Customer Service
Research and Development
Production
Administration
Business Development
Compliance
Quality Assurance
Project Management
Relevant Roles
Chief Executive Officer
Managing Director
Department Manager
Senior Executive
Junior Executive
Administrative Assistant
Sales Representative
Technical Specialist
Human Resources Manager
Finance Manager
Operations Manager
Marketing Executive
Customer Service Representative
Project Manager
Research Analyst
Software Developer
Account Manager
Business Development Executive
Legal Counsel
Production Supervisor
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