This Sales Manager Contract is designed for use by Malaysian companies when hiring or promoting individuals into sales management positions. It complies with Malaysian employment law, including the Employment Act 1955 and related regulations, while addressing the specific needs of sales management roles. The contract is particularly relevant when establishing new sales leadership positions or formalizing existing arrangements, incorporating key elements such as territory management, team supervision, commission structures, and sales targets. It includes comprehensive provisions for performance measurement, customer relationship management, and protection of company interests, making it suitable for both domestic and international companies operating in Malaysia.
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1. Parties: Identification of the employer company and the sales manager
2. Background: Brief context of the appointment and the nature of the business
3. Definitions: Key terms used throughout the contract
4. Appointment and Term: Position title, employment status, and duration of contract
5. Duties and Responsibilities: Core responsibilities, reporting structure, and management obligations
6. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location
7. Compensation and Benefits: Base salary, commission structure, and standard benefits package
8. Sales Targets and Performance Metrics: Key performance indicators and sales objectives
9. Leave Entitlements: Annual, medical, and other types of leave
10. Confidentiality: Protection of company information and trade secrets
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after employment
12. Termination: Conditions and procedures for contract termination
13. Governing Law: Specification of Malaysian law as governing law
14. Dispute Resolution: Process for resolving employment-related disputes
1. Relocation Terms: Required when the role involves relocation or multiple work locations
2. International Travel: Include when the role requires regular international travel
3. Stock Options or Equity: Needed when offering company shares or stock options as part of compensation
4. Team Management Provisions: Detailed when the manager has significant team supervision responsibilities
5. Product Liability: Include when the manager has authority to make product commitments
6. Intellectual Property Rights: Required when the role involves product development or creative work
7. Remote Working Arrangements: Include when allowing regular work from home or remote locations
1. Schedule 1: Compensation Structure: Detailed breakdown of salary, commission rates, and bonus calculations
2. Schedule 2: Sales Territories: Definition of geographical or customer segment responsibilities
3. Schedule 3: Benefits Package: Comprehensive list of benefits and eligibility criteria
4. Schedule 4: Sales Targets: Specific sales targets and measurement criteria
5. Schedule 5: Company Policies: Reference to relevant company policies and procedures
6. Appendix A: Reporting Templates: Standard templates for sales reporting
7. Appendix B: Expense Policy: Guidelines for business expense claims and reimbursement
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