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Joint Employment Agreement
"I need a Joint Employment Agreement for a senior software developer who will work 60% with our tech company and 40% with our sister company in Malaysia starting March 1, 2025, with specific provisions for intellectual property sharing and remote work arrangements."
1. Parties: Identification of all employers (primary and secondary) and the employee, including full legal names and addresses
2. Background: Context of the joint employment arrangement and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Primary Employer', 'Secondary Employer', 'Joint Employment Relationship'
4. Term of Employment: Duration of employment, including start date and whether fixed-term or permanent
5. Role and Duties: Employee's position, responsibilities, and reporting relationships with each employer
6. Place of Work: Primary workplace location(s) and any requirements to work at different employer locations
7. Working Hours: Standard working hours, allocation between employers, and overtime arrangements
8. Remuneration and Benefits: Salary, benefits, and how costs are shared between employers
9. Leave Entitlements: Annual, sick, and other leave entitlements and how they are managed between employers
10. Employer Obligations: Specific responsibilities of each employer including statutory obligations, insurance, and EPF contributions
11. Employee Obligations: Employee's duties, confidentiality, and obligations to both employers
12. Termination: Conditions and procedures for termination by any party
13. Governing Law: Confirmation that Malaysian law governs the agreement
14. Dispute Resolution: Process for resolving disputes between parties
1. International Assignment: Include when work involves cross-border assignments or international travel
2. Intellectual Property: Include when work involves creation of IP to specify ownership between employers
3. Non-Competition: Include when restricting employee's ability to work with competitors after employment
4. Performance Management: Include when specific performance evaluation processes between employers need to be defined
5. Training and Development: Include when specific training requirements or development programs are shared between employers
6. Secondment Provisions: Include when employee may be seconded between employer locations
7. Data Protection: Include when significant personal data sharing between employers is required
1. Schedule 1 - Job Description: Detailed description of roles and responsibilities for each employer
2. Schedule 2 - Remuneration Structure: Detailed breakdown of salary, benefits, and cost sharing between employers
3. Schedule 3 - Company Policies: Relevant policies from each employer that apply to the employee
4. Schedule 4 - Reporting Structure: Organizational chart showing reporting lines to each employer
5. Schedule 5 - Time Allocation: Breakdown of time allocation between employers if applicable
6. Appendix A - Statutory Benefits: Summary of statutory benefits and employer contributions under Malaysian law
7. Appendix B - Performance Metrics: Key performance indicators and evaluation criteria from each employer
Authors
Professional Services
Manufacturing
Technology
Financial Services
Healthcare
Education
Construction
Hospitality
Retail
Telecommunications
Consulting
Research and Development
Human Resources
Legal
Finance
Operations
Information Technology
Research and Development
Quality Assurance
Business Development
Corporate Affairs
Compliance
Risk Management
Chief Financial Officer
IT Director
Human Resources Manager
Project Manager
Technical Specialist
Research Scientist
Operations Manager
Legal Counsel
Business Development Manager
Quality Assurance Manager
Department Head
Regional Manager
Consulting Partner
Senior Engineer
Corporate Trainer
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