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Tripartite Agreement Employment Template for Malaysia

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Key Requirements PROMPT example:

Tripartite Agreement Employment

"I need a Tripartite Agreement Employment for a software developer who will be primarily employed by our tech consulting firm but working on-site at a banking client in Kuala Lumpur, with the arrangement starting March 1, 2025, including specific provisions for intellectual property rights and data protection."

Document background
The Tripartite Agreement Employment is specifically designed for situations under Malaysian law where an employee's services are shared between or utilized by multiple organizations. This arrangement is commonly used in scenarios such as secondments, joint ventures, or specialized service provisions where an employee needs to work with multiple entities while maintaining primary employment status with one organization. The document addresses critical aspects including but not limited to reporting structures, division of responsibilities, allocation of costs, benefits administration, and compliance with Malaysian employment laws. It ensures clear delineation of rights and obligations between all parties while protecting the interests of the employee and both employing entities.
Suggested Sections

1. Parties: Identifies and defines the three parties to the agreement - typically the Employee, Primary Employer, and Secondary Employer/Client

2. Background: Sets out the context of the agreement and explains why a tripartite arrangement is being entered into

3. Definitions: Defines key terms used throughout the agreement

4. Term and Appointment: Specifies the duration of the agreement and the nature of the employment relationship

5. Duties and Responsibilities: Details the roles and obligations of each party, including reporting structures

6. Remuneration and Benefits: Specifies salary, benefits, and which party is responsible for providing them

7. Working Hours and Location: Establishes working hours, location, and any flexibility arrangements

8. Leave Entitlements: Details various types of leave and approval processes

9. Confidentiality: Obligations regarding confidential information of all parties

10. Intellectual Property: Ownership and rights over work created during the employment

11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients

12. Termination: Circumstances and procedures for ending the agreement

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

Optional Sections

1. Secondment Arrangements: Used when the employee is being seconded to the third party's premises

2. International Travel: Include when role requires international travel or overseas assignments

3. Performance Management: Include when specific performance metrics and review processes need to be established between parties

4. Training and Development: Include when specific training requirements or professional development programs are part of the arrangement

5. Data Protection: Detailed section needed when significant personal data processing occurs between parties

6. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances

7. Insurance Coverage: Include when special insurance arrangements are required beyond statutory requirements

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of the employee's role, responsibilities, and reporting lines

2. Schedule 2 - Remuneration Package: Detailed breakdown of salary, benefits, and which party provides each component

3. Schedule 3 - Performance Metrics: Specific KPIs and performance evaluation criteria

4. Schedule 4 - Company Policies: Key policies of both employers that apply to the employee

5. Schedule 5 - Statutory Benefits: Details of statutory benefits and which party is responsible for them

6. Appendix A - Confidential Information: Lists categories of confidential information for each party

7. Appendix B - Approved Expenses: Details of approved expenses and reimbursement procedures

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

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Relevant Industries

Information Technology

Professional Services

Banking and Finance

Manufacturing

Healthcare

Education

Construction

Energy

Telecommunications

Consulting

Relevant Teams

Human Resources

Legal

Finance

Operations

Project Management Office

Information Technology

Risk and Compliance

Administration

Strategic Planning

Corporate Affairs

Relevant Roles

Project Manager

Technical Consultant

Software Developer

Business Analyst

Financial Controller

Operations Manager

HR Specialist

Research Scientist

Engineering Lead

Sales Director

Legal Counsel

Healthcare Professional

Education Specialist

Construction Manager

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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