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On Hire Labour Agreement for Malaysia

On Hire Labour Agreement Template for Malaysia

A comprehensive employment agreement governed by Malaysian law that establishes a three-way relationship between a labor hire company (the employer), a worker, and a host company where the worker will perform services. The agreement complies with Malaysian employment legislation, including the Employment Act 1955 and related regulations, while clearly defining the rights, obligations, and responsibilities of all parties involved. It covers essential employment terms, working conditions, remuneration, benefits, and specific provisions related to the labor hire arrangement, ensuring protection of all parties' interests while maintaining compliance with local labor laws.

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On Hire Labour Agreement

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What is a On Hire Labour Agreement?

The On Hire Labour Agreement is designed for situations where businesses in Malaysia require flexible workforce solutions through labor hire arrangements. This agreement is typically used when a company (the host company) needs to engage workers through a labor hire company rather than employing them directly, often for project-based work, temporary staffing needs, or specialized assignments. The document ensures compliance with Malaysian employment laws, including the Employment Act 1955, Industrial Relations Act 1967, and relevant regulations governing labor hire arrangements. It covers crucial aspects such as employment terms, workplace rights, remuneration, statutory benefits, and clearly defines the responsibilities of all parties involved. This type of agreement is particularly valuable in industries with fluctuating workforce requirements or when companies need to quickly scale their operations while minimizing administrative burden and employment risks.

What sections should be included in a On Hire Labour Agreement?

1. Parties: Identifies and provides details of the three main parties: the labor hire company, the worker, and the host employer

2. Background: Sets out the context of the agreement and the intention to create an on-hire labor arrangement

3. Definitions: Defines key terms used throughout the agreement including 'Assignment', 'Services', 'Work Location', etc.

4. Term of Agreement: Specifies the duration of the agreement, including start date and any renewal provisions

5. Nature of Relationship: Clarifies the employment relationship between parties and confirms the worker's employment status

6. Duties and Obligations: Details the responsibilities of each party, including the worker's duties and compliance requirements

7. Working Hours and Location: Specifies standard working hours, overtime arrangements, and work locations

8. Remuneration and Benefits: Details salary, payment terms, statutory contributions (EPF, SOCSO), and other benefits

9. Leave Entitlements: Outlines various types of leave including annual, sick, and public holidays as per Malaysian law

10. Confidentiality and Data Protection: Covers confidentiality obligations and handling of personal data under PDPA

11. Health and Safety: Specifies workplace safety requirements and compliance with OSHA regulations

12. Termination: Details circumstances and procedures for termination of the agreement

13. Governing Law: Confirms Malaysian law as governing law and jurisdiction for disputes

What sections are optional to include in a On Hire Labour Agreement?

1. Non-Competition: Restrictions on working with competitors, used when workers have access to sensitive information

2. Intellectual Property: IP ownership and rights, included when workers may create IP during their employment

3. Housing and Amenities: Include when accommodation is provided as part of the employment package

4. International Assignment: Additional terms for workers who may be assigned to work overseas

5. Training and Development: Include when specific training requirements or professional development programs are offered

6. Performance Reviews: Include when formal performance review processes are part of the arrangement

7. Bonus and Commission: Include when additional performance-based compensation is offered

What schedules should be included in a On Hire Labour Agreement?

1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and required qualifications

2. Schedule 2 - Remuneration Details: Breakdown of salary, allowances, and benefits

3. Schedule 3 - Assignment Details: Specific details of the work assignment, location, and host employer requirements

4. Schedule 4 - Company Policies: Key workplace policies and procedures that the worker must comply with

5. Schedule 5 - Statutory Benefits: Details of statutory benefits and calculations as per Malaysian law

6. Appendix A - Code of Conduct: Expected standards of behavior and professional conduct

7. Appendix B - Safety Procedures: Specific safety requirements and procedures for the role

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






























Relevant Industries

Manufacturing

Construction

Oil and Gas

Information Technology

Mining

Agriculture

Logistics

Healthcare

Hospitality

Engineering

Telecommunications

Professional Services

Relevant Teams

Human Resources

Legal

Operations

Procurement

Compliance

Finance

Project Management Office

Administration

Risk Management

Relevant Roles

Project Manager

Site Supervisor

Construction Worker

IT Consultant

Factory Worker

Administrative Assistant

Technical Specialist

Machine Operator

Field Engineer

Production Worker

Data Entry Operator

Sales Representative

Warehouse Assistant

Healthcare Worker

Software Developer

Maintenance Technician

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, 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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