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Probationary Employment Agreement for Malaysia

Probationary Employment Agreement Template for Malaysia

A Probationary Employment Agreement governed by Malaysian law that establishes a fixed-term trial period of employment between an employer and a new employee. This agreement outlines the terms and conditions of the probationary period, including job responsibilities, working hours, compensation, benefits, performance evaluation criteria, and conditions for permanent employment confirmation. The document ensures compliance with Malaysian employment legislation, including the Employment Act 1955 and related regulations, while protecting both employer and employee interests during the probationary period.

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Probationary Employment Agreement

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What is a Probationary Employment Agreement?

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.

What sections should be included in a Probationary Employment Agreement?

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

What sections are optional to include in a Probationary Employment Agreement?

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

What schedules should be included in a Probationary Employment Agreement?

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) @ 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

Technology

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Relevant Roles

Software Engineer

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Financial Analyst

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Operations Manager

Administrative Assistant

Research Scientist

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Data Analyst

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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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