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Staffing Agency Agreement Template for Malaysia

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Key Requirements PROMPT example:

Staffing Agency Agreement

"I need a Staffing Agency Agreement for my Malaysian technology company that will be hiring temporary IT workers through an agency, with specific provisions for data security and intellectual property protection as we handle sensitive client information."

Document background
The Staffing Agency Agreement is essential for businesses operating in Malaysia that require flexible workforce solutions through professional staffing agencies. This document is designed to comply with Malaysian employment laws, including the Employment Act 1955 and Private Employment Agencies Act 1981, while protecting the interests of all parties involved. It's particularly relevant in today's dynamic business environment where companies need to efficiently manage temporary workforce requirements while ensuring legal compliance. The agreement covers crucial aspects such as service scope, payment terms, worker rights, insurance requirements, and dispute resolution mechanisms, providing a comprehensive framework for the staffing agency-client relationship.
Suggested Sections

1. Parties: Identifies the staffing agency and client company with full legal names and registered addresses

2. Background: Sets out the context of the agreement, including the agency's authority to operate in Malaysia and the client's need for staffing services

3. Definitions: Defines key terms used throughout the agreement, including 'Temporary Workers', 'Services', 'Assignment', etc.

4. Scope of Services: Details the specific staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Agency Obligations: Outlines the staffing agency's responsibilities, including compliance with Malaysian employment laws, screening processes, and worker management

6. Client Obligations: Specifies the client's responsibilities regarding temporary workers, workplace safety, and cooperation with the agency

7. Fees and Payment Terms: Details the fee structure, payment terms, and any additional charges

8. Compliance with Laws: Addresses compliance with Malaysian employment laws, social security requirements, and other relevant regulations

9. Worker Status and Management: Clarifies the employment relationship and management structure for temporary workers

10. Confidentiality: Sets out obligations regarding confidential information and compliance with data protection laws

11. Liability and Indemnification: Allocates risks and responsibilities between parties

12. Insurance: Specifies required insurance coverage for both parties

13. Term and Termination: Details the agreement duration and termination provisions

14. Dispute Resolution: Outlines the process for resolving disputes under Malaysian law

15. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and governing law

Optional Sections

1. Foreign Worker Provisions: Include when the agreement covers placement of foreign workers, addressing immigration requirements and special compliance needs

2. Specialized Industry Requirements: Add for specific industries with additional regulatory requirements (e.g., healthcare, finance)

3. Performance Metrics: Include when specific KPIs or service levels are required for the agency's performance

4. Training Requirements: Add when the agency is responsible for providing specific training to temporary workers

5. Transition Services: Include when temporary workers may be converted to permanent employees

6. Intellectual Property: Add when temporary workers may create or access intellectual property

7. Non-Competition: Include when restrictions on agency's services to competitors are required

8. Force Majeure: Add detailed force majeure provisions for industries sensitive to disruption

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Schedule 2 - Service Specifications: Detailed description of staffing services, including recruitment process and timeframes

3. Schedule 3 - Required Worker Qualifications: Specific qualifications, skills, and experience required for different worker categories

4. Schedule 4 - Compliance Checklist: List of regulatory requirements and compliance procedures

5. Schedule 5 - Standard Operating Procedures: Detailed procedures for worker placement, management, and issue resolution

6. Appendix A - Required Forms: Standard forms for worker assignments, evaluations, and regulatory compliance

7. Appendix B - Insurance Requirements: Detailed insurance requirements and coverage specifications

8. Appendix C - Health and Safety Guidelines: Workplace safety requirements and procedures

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

Manufacturing

Technology

Healthcare

Construction

Financial Services

Retail

Hospitality

Logistics

Oil and Gas

Professional Services

Education

Telecommunications

Agriculture

Food and Beverage

Engineering

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Senior Management

Project Management

Administration

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

HR Business Partner

Talent Acquisition Manager

Compliance Officer

Risk Manager

Finance Director

Project Manager

Department Head

General Manager

Managing Director

Chief Human Resources Officer

Chief Operating Officer

Workforce Planning Manager

Contract Administrator

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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