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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."
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
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
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
Information Technology
Professional Services
Banking and Finance
Manufacturing
Healthcare
Education
Construction
Energy
Telecommunications
Consulting
Human Resources
Legal
Finance
Operations
Project Management Office
Information Technology
Risk and Compliance
Administration
Strategic Planning
Corporate Affairs
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
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