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Pre Employment Agreement Template for Malaysia

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Key Requirements PROMPT example:

Pre Employment Agreement

"I need a Pre-Employment Agreement for a senior software developer position in our Malaysian tech company, including clauses for intellectual property protection and a three-month training period starting March 2025."

Document background
A Pre-Employment Agreement is utilized when an organization intends to hire an individual subject to certain conditions being met. This document, governed by Malaysian law, typically includes terms regarding background checks, medical examinations, reference verifications, and confidentiality obligations. It's particularly important in industries with regulatory requirements or positions requiring specific qualifications. The agreement ensures compliance with Malaysian employment legislation, including the Employment Act 1955 and Personal Data Protection Act 2010, while protecting both parties' interests during the pre-employment phase. This type of agreement is especially relevant for senior positions, regulated roles, or situations involving significant training investment.
Suggested Sections

1. Parties: Identification of the employer company and the potential employee

2. Background: Context of the pre-employment arrangement and intention to potentially enter into employment relationship

3. Definitions: Key terms used throughout the agreement

4. Duration: Period during which the pre-employment agreement remains valid

5. Conditional Offer: Terms of the conditional employment offer and conditions that need to be met

6. Pre-Employment Checks: Required background checks, medical examinations, and reference verifications

7. Confidentiality Obligations: Requirements to maintain confidentiality of information shared during the pre-employment period

8. Data Protection: Consent and procedures for handling personal data in compliance with PDPA 2010

9. Intellectual Property: Ownership and protection of any IP shared or created during the pre-employment period

10. Termination: Circumstances under which the agreement can be terminated by either party

11. Governing Law: Specification of Malaysian law as governing law and jurisdiction

12. General Provisions: Standard contractual provisions including entire agreement, amendments, and notices

Optional Sections

1. Immigration Requirements: For foreign candidates, specific requirements regarding work permits and immigration compliance

2. Training Requirements: When specific pre-employment training or certifications are required

3. Accommodation Arrangements: When employer provides pre-employment accommodation, especially for overseas candidates

4. Non-Competition: Restrictions on working with competitors during the pre-employment period

5. Expenses: Terms for reimbursement of pre-employment expenses like relocation or medical checks

6. Bond Requirements: When training or other investments require a commitment period

7. Probationary Period Terms: When the agreement includes specific terms about a future probationary period

Suggested Schedules

1. Schedule 1 - Position Details: Detailed description of the proposed position, duties, and reporting structure

2. Schedule 2 - Compensation Package: Proposed salary, benefits, and other compensation elements

3. Schedule 3 - Required Documentation: List of documents, certificates, and verifications required from the candidate

4. Schedule 4 - Medical Requirements: Specific medical examinations and health requirements for the position

5. Appendix A - Company Policies: Relevant company policies that apply during the pre-employment period

6. Appendix B - Background Check Authorization: Forms and authorizations for background checks and reference verifications

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

Financial Services

Technology

Manufacturing

Healthcare

Education

Professional Services

Oil and Gas

Construction

Telecommunications

Pharmaceutical

Aviation

Maritime

Hospitality

Real Estate

Mining

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Information Technology

Research and Development

Sales

Marketing

Engineering

Quality Assurance

Risk Management

Administration

Corporate Affairs

Talent Acquisition

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Department Head

Senior Manager

Professional Engineer

Medical Doctor

Financial Analyst

Software Developer

Project Manager

Research Scientist

Legal Counsel

Sales Director

Operations Manager

HR Manager

Compliance Officer

Technical Specialist

Academic Professor

Plant Manager

Investment Banker

Senior 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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