In the Malaysian employment landscape, a Continuous Contract of Employment is a fundamental document required for establishing long-term employment relationships. This agreement is essential for businesses operating in Malaysia that wish to hire employees on a permanent basis, ensuring compliance with local employment laws and regulations. The document serves as a comprehensive record of the employment relationship, incorporating mandatory provisions under the Employment Act 1955, while also allowing for customization based on specific industry requirements and company policies. It provides both employers and employees with clear terms regarding their rights, obligations, and expectations throughout the employment period.
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1. Parties: Identification of the employer and employee with complete details
2. Background: Brief context of the employment relationship and agreement purpose
3. Definitions: Definitions of key terms used throughout the contract
4. Appointment and Duration: Details of the position, commencement date, and employment terms
5. Duties and Responsibilities: Main responsibilities, reporting relationships, and performance expectations
6. Working Hours: Standard working hours, rest days, and overtime arrangements as per Employment Act
7. Remuneration and Benefits: Salary, allowances, statutory contributions (EPF, SOCSO), and other benefits
8. Leave Entitlements: Annual, medical, maternity/paternity, and other leave entitlements
9. Medical Benefits: Healthcare coverage and medical examination requirements
10. Termination: Notice periods, grounds for termination, and termination procedures
11. Confidentiality: Protection of company confidential information and trade secrets
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Probation Period: Terms of probationary period if applicable
2. Non-Competition: Non-compete clauses for senior positions or sensitive roles
3. Intellectual Property: IP rights and ownership of work created during employment
4. Remote Work: Terms for remote working arrangements if applicable
5. Commission Structure: For sales or commission-based roles
6. International Assignment: For positions involving international work
7. Share Options: For companies offering employee share schemes
8. Performance Bonus: Details of performance-based compensation schemes
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and KPIs
2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Key company policies that form part of employment terms
4. Schedule 4 - Code of Conduct: Expected standards of behavior and professional conduct
5. Appendix A - Statutory Benefits: Summary of statutory benefits under Malaysian law
6. Appendix B - Additional Benefits: Company-specific additional benefits and entitlements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Retail
Healthcare
Education
Construction
Professional Services
Hospitality
Telecommunications
Energy
Agriculture
Mining
Transportation
Real Estate
Relevant Teams
Human Resources
Finance
Operations
Sales
Marketing
Information Technology
Research & Development
Customer Service
Legal
Administration
Production
Quality Assurance
Business Development
Procurement
Corporate Communications
Relevant Roles
Chief Executive Officer
Managing Director
Department Manager
Senior Executive
Executive
Administrator
Specialist
Analyst
Engineer
Accountant
Human Resources Officer
Sales Representative
Marketing Manager
Operations Manager
Technical Support Specialist
Research Scientist
Project Manager
Customer Service Representative
Business Development Manager
Financial Controller
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