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Employment Contract As A Deed for Malaysia

Employment Contract As A Deed Template for Malaysia

This document is a formal employment contract executed as a deed under Malaysian law, providing enhanced enforceability and a longer limitation period for claims. It comprehensively details the terms and conditions of employment, including duties, compensation, benefits, and post-employment obligations, while complying with Malaysian employment legislation, particularly the Employment Act 1955. The deed format adds additional formality and weight to the agreement, making it particularly suitable for senior positions or where specific contractual promises need enhanced protection.

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Employment Contract As A Deed

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What is a Employment Contract As A Deed?

The Employment Contract as a Deed is specifically designed for use in Malaysia where enhanced enforceability or longer limitation periods are desired in the employment relationship. This format is particularly valuable for senior executive appointments, positions involving significant intellectual property or confidential information, or where specific contractual promises need stronger protection. The document incorporates requirements under Malaysian employment law while adding the formality and additional legal weight of deed execution. It typically includes comprehensive terms covering employment duties, compensation, benefits, restrictive covenants, and termination provisions, with specific attention to deed execution requirements under Malaysian law.

What sections should be included in a Employment Contract As A Deed?

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and purpose of the deed

3. Definitions: Definitions of key terms used throughout the contract

4. Appointment and Term: Details of the position, commencement date, and duration of employment

5. Duties and Responsibilities: Main responsibilities, reporting lines, and performance expectations

6. Place of Work: Primary workplace location and any mobility requirements

7. Hours of Work: Standard working hours, overtime provisions, and work schedule

8. Remuneration and Benefits: Salary, allowances, bonuses, and statutory benefits

9. Leave Entitlements: Annual, sick, maternity/paternity, and other leave provisions

10. Confidentiality: Protection of company confidential information

11. Intellectual Property: Ownership of work products and innovations

12. Termination: Grounds for termination, notice periods, and procedures

13. Post-Termination Obligations: Continuing obligations after employment ends

14. Governing Law: Malaysian law as governing law and jurisdiction

15. Execution as Deed: Formal execution blocks and attestation requirements for a deed

What sections are optional to include in a Employment Contract As A Deed?

1. Probationary Period: Terms of probation period - include for new employees

2. Non-Competition: Non-compete restrictions - include for senior or key employees

3. Mobility Clause: Requirements to travel/relocate - include if job requires mobility

4. Commission Structure: Sales or performance-based commission terms - for sales roles

5. Stock Options: Share option or equity participation - for senior executives

6. Foreign Worker Provisions: Visa and permit requirements - for non-Malaysian employees

7. Remote Working: Remote work arrangements - for hybrid or remote positions

8. Garden Leave: Garden leave provisions - for senior positions

9. Company Car: Vehicle provision terms - if company car provided

10. Housing Allowance: Accommodation benefits - if housing provided

What schedules should be included in a Employment Contract As A Deed?

1. Schedule 1 - Job Description: Detailed description of role and responsibilities

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary and benefits

3. Schedule 3 - Company Policies: Key company policies incorporated by reference

4. Schedule 4 - Performance Metrics: KPIs and performance evaluation criteria

5. Schedule 5 - Benefit Plans: Details of insurance, healthcare, and other benefits

6. Appendix A - Confidential Information: Definition and scope of confidential information

7. Appendix B - Restricted Activities: Detailed post-employment restrictions

8. Appendix C - Statutory Benefits: Summary of mandatory benefits under Malaysian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
























Clauses



































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Financial Services

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Human Resources

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Chief Executive Officer

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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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