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Executive Employment Agreement for Malaysia

Executive Employment Agreement Template for Malaysia

A comprehensive employment agreement governed by Malaysian law, designed for executive-level employees and senior management positions. This agreement establishes the terms and conditions of executive employment while ensuring compliance with Malaysian employment legislation, including the Employment Act 1955 and related regulations. The document covers essential aspects such as appointment terms, duties, compensation, benefits, confidentiality obligations, restrictive covenants, and termination provisions, while incorporating specific requirements under Malaysian employment law and corporate governance standards.

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What is a Executive Employment Agreement?

The Executive Employment Agreement serves as a crucial legal document for companies operating in Malaysia to formalize employment relationships with senior management and executives. It is specifically designed to comply with Malaysian employment law while protecting both employer and executive interests. This agreement is typically used when hiring or promoting individuals into senior management positions, including C-suite roles, directors, and other executive positions. The document incorporates mandatory provisions under Malaysian law, including those from the Employment Act 1955, while also addressing executive-specific matters such as performance-based compensation, equity participation, and post-employment restrictions. It's particularly important for establishing clear terms regarding authority levels, reporting structures, and executive responsibilities within the Malaysian corporate governance framework.

What sections should be included in a Executive Employment Agreement?

1. Parties: Identification of the employer company and the executive, including their respective addresses and registration/identification numbers

2. Background: Brief context of the appointment and any relevant corporate structure information

3. Definitions: Key terms used throughout the agreement including Company, Group, Board, Confidential Information, etc.

4. Appointment and Term: Position title, effective date, and duration (if fixed-term) or ongoing nature of employment

5. Duties and Responsibilities: Detailed description of role, reporting relationships, and key performance areas

6. Place of Work: Primary work location and travel requirements

7. Hours of Work: Expected working hours while acknowledging executive nature of role

8. Remuneration: Base salary, review periods, and payment details

9. Benefits and Allowances: Standard benefits package including medical, insurance, car allowance, etc.

10. Leave Entitlements: Annual leave, medical leave, and other authorized absences

11. Performance and Review: KPIs, evaluation process, and review periods

12. Confidentiality: Protection of company confidential information and trade secrets

13. Intellectual Property: Ownership of work product and innovations

14. Non-Competition and Non-Solicitation: Post-employment restrictions on competitive activities

15. Termination: Grounds for termination, notice periods, and processes

16. Company Policies: Compliance with company policies and procedures

17. Governing Law: Malaysian law as governing law and jurisdiction

18. General Provisions: Standard boilerplate clauses including entire agreement, amendments, notices

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

1. Directorship: Required if executive will serve on the Board of Directors, including appointment and removal provisions

2. International Travel: Include for roles requiring significant international travel, detailing allowances and policies

3. Share Options/Equity: Include if executive is offered company shares or share options as part of compensation

4. Relocation: Include if executive is relocating for the role, detailing relocation assistance and terms

5. Garden Leave: Include if company wants right to place executive on paid leave during notice period

6. Change of Control: Include for senior executives, addressing their rights in case of company ownership change

7. Secondment: Include if executive may be seconded to related companies or international offices

8. Sign-on Bonus: Include if a one-time signing bonus is offered, with any associated conditions

What schedules should be included in a Executive Employment Agreement?

1. Schedule 1 - Compensation Details: Detailed breakdown of salary, allowances, and benefits

2. Schedule 2 - Job Description: Detailed role profile and responsibilities

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

4. Schedule 4 - Company Policies: List of applicable company policies and procedures

5. Schedule 5 - Benefits Package: Detailed description of all benefits and their terms

6. Appendix A - Statutory Declaration: Required declarations under Malaysian law

7. Appendix B - Share Option Terms: Details of any share option or equity participation scheme

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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