The Guaranteed Employment Contract is designed for use in the Malaysian employment context where both parties seek to establish a secure, long-term employment relationship with defined guarantees and protections. This document is particularly valuable for senior executive appointments, specialized technical roles, or situations requiring commitment to retain key talent. It incorporates mandatory provisions under Malaysian employment law, including compliance with the Employment Act 1955, while providing additional security through guaranteed employment terms. The contract typically includes comprehensive details about employment duration, compensation, benefits, performance expectations, and specific conditions under which the guarantee may be void. It's structured to protect both employer and employee interests while ensuring clarity in terms of obligations, expectations, and remedies available to both parties.
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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 guaranteed employment contract
3. Definitions: Definitions of key terms used throughout the contract
4. Appointment and Duration: Details of the position, guaranteed employment period, and commencement date
5. Duties and Responsibilities: Outline of the employee's role, reporting structure, and key responsibilities
6. Remuneration and Benefits: Salary, mandatory benefits, and additional compensation details
7. Working Hours and Leave: Standard working hours, overtime provisions, and various leave entitlements
8. Performance Standards: Expected performance levels and evaluation criteria
9. Confidentiality: Obligations regarding company confidential information and trade secrets
10. Guaranteed Employment Terms: Specific provisions regarding the guarantee of employment, including conditions and protections
11. Termination: Circumstances under which the contract may be terminated and associated procedures
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
13. Execution: Signature blocks and execution details
1. Probation Period: Terms of probationary period if applicable to the guaranteed employment arrangement
2. Non-Competition: Restrictions on working with competitors, used when employee has access to sensitive information
3. Intellectual Property: IP rights and ownership provisions, essential for creative or technical roles
4. Remote Work Provisions: Terms for remote working arrangements if applicable
5. Training and Development: Provisions for mandatory training or professional development requirements
6. Medical Benefits: Additional medical coverage beyond statutory requirements
7. Transfer Provisions: Terms regarding possible transfer to different locations or group companies
8. Commission Structure: Detailed commission terms for sales or performance-based roles
1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and performance expectations
2. Schedule 2 - Compensation Structure: Detailed breakdown of salary components, benefits, and payment terms
3. Schedule 3 - Company Policies: Reference to or inclusion of relevant company policies and procedures
4. Schedule 4 - Performance Metrics: Specific KPIs and performance measurement criteria
5. Appendix A - Statutory Benefits: Summary of statutory benefits under Malaysian law
6. Appendix B - Additional Benefits: Details of any additional company-specific benefits
7. Appendix C - Code of Conduct: Company's code of conduct and ethical guidelines
8. Appendix D - Confidentiality Agreement: Detailed confidentiality terms and requirements
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