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Domestic Worker Contract for Malaysia

Domestic Worker Contract Template for Malaysia

This is a comprehensive employment agreement designed for domestic workers in Malaysia, compliant with the Employment Act 1955 and other relevant Malaysian legislation. The contract establishes the terms and conditions of employment between a household employer and a domestic worker, covering essential aspects such as duties, working hours, salary, accommodation, and benefits. It includes specific provisions required by Malaysian law for domestic worker protection, particularly important for both local and foreign domestic workers. The document ensures compliance with immigration requirements where applicable and incorporates mandatory labor law provisions while protecting both employer and employee interests.

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What is a Domestic Worker Contract?

The Domestic Worker Contract is a crucial document in the Malaysian employment landscape, designed to formalize the employment relationship between household employers and domestic workers. This contract type is essential for compliance with Malaysian employment law, particularly the Employment Act 1955 and related regulations. It is used when hiring either local or foreign domestic workers and must be in place before employment begins. The document covers comprehensive employment terms including accommodation arrangements, working hours, rest periods, and salary details, while ensuring compliance with minimum wage requirements and worker protection laws. For foreign domestic workers, it includes additional provisions to meet immigration requirements and international labor standards. The contract serves as a protective mechanism for both employers and workers, clearly outlining rights, responsibilities, and obligations while providing a framework for dispute resolution.

What sections should be included in a Domestic Worker Contract?

1. Parties: Identification of the employer and the domestic worker, including their full legal names, identification/passport numbers, and addresses

2. Background: Brief context of the employment arrangement and purpose of the agreement

3. Definitions: Key terms used in the agreement including 'domestic duties', 'residence', 'working hours', and other relevant terms

4. Appointment and Duration: Terms of employment, including start date, contract duration, and probation period if applicable

5. Duties and Responsibilities: Detailed description of the domestic worker's duties, responsibilities, and scope of work

6. Working Hours and Rest Periods: Specified working hours, rest days, break times, and public holidays

7. Salary and Payment Terms: Wage amount, payment schedule, method of payment, and any deductions

8. Accommodation and Living Conditions: Details of provided accommodation, facilities, and living arrangements

9. Medical Benefits and Insurance: Healthcare coverage, medical benefits, and insurance provisions

10. Leave Entitlements: Annual leave, sick leave, emergency leave, and other leave entitlements

11. Termination: Conditions and procedures for contract termination by either party

12. General Provisions: Standard contractual clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Domestic Worker Contract?

1. Transportation: Details of travel arrangements, particularly for foreign workers, including initial arrival and final return

2. Language Requirements: Language proficiency requirements and any language training provisions

3. Religious Observance: Accommodations for religious practices and prayer times, if applicable

4. Specific Dietary Requirements: Arrangements for special dietary needs or restrictions

5. Child Care Specific Duties: Detailed responsibilities related to child care if this is part of the role

6. Elderly Care Specific Duties: Specific duties related to caring for elderly household members if applicable

7. Performance Review: Process and frequency of performance evaluations if implemented

8. Training Requirements: Any mandatory training or skill development programs

What schedules should be included in a Domestic Worker Contract?

1. Schedule 1 - Detailed Job Scope: Comprehensive list of specific tasks and responsibilities

2. Schedule 2 - Weekly Work Schedule: Detailed breakdown of daily and weekly working hours and rest periods

3. Schedule 3 - Salary and Benefits Breakdown: Itemized list of salary components, allowances, and deductions

4. Schedule 4 - House Rules and Guidelines: Specific household rules, safety procedures, and expected conduct

5. Schedule 5 - Emergency Contacts: List of emergency contacts including employer, medical facilities, and relevant authorities

6. Appendix A - Required Documents: Copies of relevant documents including work permit, passport, and medical certificates

7. Appendix B - Safety Guidelines: Safety protocols for household equipment and chemical usage

8. Appendix C - Inventory List: List of items provided to the domestic worker (uniforms, equipment, etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions


































Clauses







































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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