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Joint Employment Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Joint Employment Agreement is utilized when two or more employers wish to formally share the services of a single employee in Malaysia. This arrangement is common in situations such as corporate group structures, joint ventures, or specialized professional services where expertise needs to be shared. The agreement ensures compliance with Malaysian employment law, particularly the Employment Act 1955, while clearly defining how responsibilities, costs, and obligations are shared between employers. It covers essential elements including work allocation, remuneration structure, reporting relationships, and benefit administration, while protecting the interests of all parties involved. This document is particularly relevant when organizations need to formalize resource sharing arrangements while maintaining clear legal and operational frameworks.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Professional Services

Manufacturing

Technology

Financial Services

Healthcare

Education

Construction

Hospitality

Retail

Telecommunications

Consulting

Research and Development

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Research and Development

Quality Assurance

Business Development

Corporate Affairs

Compliance

Risk Management

Relevant Roles

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

Industries








Teams

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

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