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Probationary Employment Agreement Template for Malaysia

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Key Requirements PROMPT example:

Probationary Employment Agreement

"I need a Probationary Employment Agreement for a senior software engineer position in Kuala Lumpur, with a 6-month probation period starting March 1, 2025, including intellectual property clauses and remote working provisions."

Document background
This document is essential for Malaysian employers when hiring new employees who need to undergo a probationary period before permanent employment confirmation. The Probationary Employment Agreement serves as a legally binding document that clearly defines the temporary nature of the initial employment relationship while ensuring compliance with Malaysian employment laws, particularly the Employment Act 1955. It is used to establish clear expectations, performance standards, and terms of employment during the probationary period, typically ranging from 3 to 6 months. The agreement includes crucial details about compensation, benefits, working conditions, evaluation criteria, and the process for converting to permanent employment, while incorporating necessary protections for both employer and employee interests.
Suggested Sections

1. Parties: Identification of the employer and employee with complete details

2. Background: Brief context of the employment offer and agreement to enter into probationary employment

3. Definitions: Key terms used throughout the agreement

4. Appointment and Probationary Period: Details of the position and duration of probation period

5. Duties and Responsibilities: Main job responsibilities and reporting structure

6. Working Hours and Location: Standard working hours, work location, and flexibility requirements

7. Remuneration and Benefits: Salary, allowances, and statutory benefits during probation

8. Leave Entitlements: Annual, medical, and other leave entitlements during probation

9. Performance Review: Evaluation criteria and review process during probation

10. Confidentiality: Non-disclosure obligations regarding company information

11. Termination: Notice periods and grounds for termination during probation

12. Confirmation of Employment: Conditions and process for confirmation as permanent employee

13. Governing Law: Specification of Malaysian law as governing law

14. Entire Agreement: Standard clause confirming this document represents the complete agreement

Optional Sections

1. Intellectual Property: Required for roles involving creation of IP or technical work

2. Non-Competition: Added for senior positions or roles with access to sensitive information

3. Training Requirements: Include when specific training is mandatory during probation

4. Mobility Clause: Required for roles that may involve relocation or travel

5. Social Media Policy: Important for customer-facing or marketing roles

6. Remote Working Provisions: Include if remote work is permitted during probation

Suggested Schedules

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

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

3. Schedule 3 - Company Policies: Key company policies applicable during probation

4. Appendix A - Performance Evaluation Criteria: Specific metrics for probation period evaluation

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














Clauses























Relevant Industries

Technology

Manufacturing

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Healthcare

Education

Retail

Professional Services

Construction

Hospitality

Telecommunications

Energy

Transportation

Agriculture

Mining

Relevant Teams

Human Resources

Legal

Recruitment

Compliance

Operations

Administration

Relevant Roles

Software Engineer

Account Manager

Sales Representative

Human Resources Officer

Project Manager

Financial Analyst

Marketing Executive

Operations Manager

Administrative Assistant

Research Scientist

Customer Service Representative

Business Development Manager

Production Supervisor

Data Analyst

Legal Counsel

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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