The Pre-Hire Agreement is utilized in Malaysia when organizations need to establish preliminary terms with potential employees before proceeding with formal employment. This document is particularly relevant for positions requiring extensive background checks, professional certifications, security clearances, or specific conditions to be met before employment can commence. The agreement, governed by Malaysian law, typically includes provisions for confidentiality, preliminary employment terms, conditions precedent, and protection of intellectual property. It serves as a bridge between the offer acceptance and formal employment contract, ensuring both parties' interests are protected during this interim period. This document is especially important in regulated industries or for senior positions where sensitive information may be shared during the pre-employment phase.
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1. Parties: Identification of the potential employer and the potential employee with full legal names and addresses
2. Background: Context of the pre-hire arrangement, including the intended position and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Commencement Date', 'Conditions Precedent', 'Confidential Information', etc.
4. Pre-Employment Conditions: Specific conditions that must be met before formal employment begins, including required qualifications, documentation, and checks
5. Duration and Termination: Period of the pre-hire agreement and circumstances under which it may be terminated
6. Confidentiality Obligations: Requirements for maintaining confidentiality of any information shared during the pre-hire period
7. Proposed Employment Terms: Overview of the main terms of the proposed employment, subject to fulfillment of conditions
8. Non-Binding Nature: Clear statement that this is not yet an employment contract and terms may be subject to change
9. Governing Law: Specification that Malaysian law governs the agreement
10. Entire Agreement: Standard clause confirming this document represents the entire agreement regarding the pre-hire arrangement
1. Non-Competition: Used when the potential role involves access to sensitive business information, restricting the candidate from working with competitors during the pre-hire period
2. Intellectual Property: Required when the pre-hire period involves creative work or development of intellectual property
3. Travel and Expense Policy: Needed when the pre-hire period involves travel or expenses that need reimbursement
4. Medical Examination: Required for positions with specific health requirements or in industries with mandatory health checks
5. Training Commitment: Used when pre-employment training is required and costs need to be addressed
6. Work Permit Conditions: Required for non-Malaysian citizens to address visa and work permit requirements
7. Background Check Authorization: Used when extensive background checks are required for the position
1. Schedule 1 - Required Documentation: List of documents and certifications required from the candidate
2. Schedule 2 - Proposed Employment Terms Summary: Detailed outline of the proposed employment terms including salary, benefits, and position details
3. Schedule 3 - Pre-Employment Checks: List of required background checks, references, and verifications
4. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements
5. Appendix B - Medical Requirements: Specific health check requirements and standards if applicable
6. Appendix C - Training Schedule: Overview of any required pre-employment training programs and commitments
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