An Amendment To Employment Agreement is utilized when there is a need to modify specific terms or conditions in an existing employment contract while keeping other terms intact. This document is essential in the Malaysian employment context when changes occur in employment relationships, such as promotions, role changes, compensation adjustments, or other material modifications to employment terms. It must comply with Malaysian employment law, particularly the Employment Act 1955 and related regulations, ensuring that any modifications align with statutory requirements. The amendment should clearly reference the original agreement and specify which provisions are being modified, added, or deleted, while explicitly stating that all other terms remain unchanged.
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1. Parties: Identification of the employer and employee, including full legal names and registration/identification numbers
2. Background: Reference to the original employment agreement, its date, and brief context for the amendment
3. Definitions: Key terms used in the amendment, including reference to definitions from the original agreement that remain applicable
4. Effective Date: Specified date when the amendments will take effect
5. Amendments: Detailed description of specific clauses being amended, with clear reference to original clause numbers and new replacement text
6. Confirmation of Other Terms: Statement confirming that all other terms of the original agreement remain unchanged and in full force and effect
7. Governing Law: Confirmation that the amendment is governed by Malaysian law
8. Execution: Signature blocks for all parties and witnesses as required under Malaysian law
1. Recitals: Additional background information explaining the reason for the amendment, used when context is important for interpretation
2. Consideration: Statement of consideration when the amendment involves changes to compensation or benefits
3. Compliance with Employment Act: Specific reference to Employment Act compliance, needed when amendments relate to statutory requirements
4. Employee Acknowledgment: Specific acknowledgments by the employee regarding understanding of changes, used for significant modifications to terms
5. Entire Agreement: Statement about integration with original agreement, used when multiple amendments exist
6. Language: Language clause required when document is bilingual (Bahasa Malaysia and English)
1. Schedule of Amended Terms: Detailed table showing original clauses and their amended versions side by side
2. Updated Compensation Schedule: If amendment involves changes to salary, benefits, or other compensation elements
3. Updated Job Description: If amendment involves changes to role, responsibilities, or reporting structure
4. Compliance Checklist: Checklist confirming compliance with relevant Malaysian employment laws for the amendments made
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