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Non Employee Contract Template for Malaysia

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Key Requirements PROMPT example:

Non Employee Contract

"I need a Non Employee Contract for a software development consultant who will work on our Malaysia-based fintech project for 6 months starting January 2025, with specific provisions for code ownership and data security compliance."

Document background
This Non Employee Contract serves as the primary legal framework for establishing and managing independent contractor relationships in Malaysia. It is specifically designed for situations where organizations need to engage external service providers while clearly distinguishing the relationship from employment. The document incorporates key elements required under Malaysian law, including the Contracts Act 1950 and relevant business regulations. It is particularly valuable for businesses seeking to formalize relationships with consultants, freelancers, or independent service providers while maintaining compliance with local legal requirements. The contract addresses crucial aspects such as service scope, payment terms, intellectual property rights, and confidentiality obligations, making it suitable for various business arrangements across different industries.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration numbers for companies, and principal places of business

2. Background: Context of the agreement and confirmation of independent contractor relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the contractor

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements

7. Independent Contractor Status: Clear statement of independent contractor relationship and exclusion of employment relationship

8. Contractor's Obligations: Key responsibilities, deliverables, and performance standards

9. Client's Obligations: Client's responsibilities and commitments

10. Intellectual Property Rights: Ownership and rights to work product and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Standard warranties about capacity to contract and service quality

13. Limitation of Liability: Caps on liability and exclusions

14. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

1. Insurance: Required when contractor needs specific insurance coverage for services

2. Data Protection: Required when personal data processing is involved in service delivery

3. Non-Compete: Optional restrictions on contractor's ability to work with competitors

4. Non-Solicitation: Restrictions on soliciting clients or employees

5. Force Majeure: Provisions for unforeseen circumstances preventing performance

6. Assignment and Subcontracting: Required when contractor may need to subcontract or assign rights

7. Compliance with Laws: Specific compliance requirements for regulated industries

8. Dispute Resolution: Detailed alternative dispute resolution procedures if desired

9. Equipment and Resources: Required when specific equipment or resources are provided by either party

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and performance metrics

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance standards and quality metrics if applicable

4. Schedule 4 - Project Timeline: Milestones and delivery dates if project-based

5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Appendix A - Required Forms: Standard forms for invoicing, reporting, or service requests

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Technology

Professional Services

Consulting

Construction

Creative Industries

Education

Healthcare

Financial Services

Manufacturing

Real Estate

Media and Entertainment

Engineering

Marketing and Advertising

Research and Development

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Information Technology

Research and Development

Marketing

Business Development

Relevant Roles

Freelance Consultant

Independent Contractor

Project Manager

Software Developer

Marketing Consultant

Business Advisor

Technical Specialist

Creative Designer

Content Writer

Financial Advisor

Training Specialist

Research Analyst

Engineering Consultant

Strategic Advisor

IT Consultant

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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