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Provisional Offer Of Employment Template for Malaysia

A Provisional Offer of Employment is a formal written document issued under Malaysian employment law that outlines the preliminary terms and conditions of employment before the execution of a final employment contract. It serves as an initial commitment between an employer and a prospective employee, subject to various conditions such as background checks, medical examinations, or work permit approvals. The document must comply with the Employment Act 1955 and other relevant Malaysian labor laws, including mandatory provisions regarding working hours, leave entitlements, and minimum benefits. This document typically precedes the formal employment contract and allows both parties to agree on fundamental terms while certain conditions are being fulfilled.

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What is a Provisional Offer Of Employment?

The Provisional Offer Of Employment is a crucial preliminary document in the Malaysian employment process, serving as a bridge between initial recruitment and final employment contract execution. It is typically used when an employer wishes to formally extend an offer to a selected candidate while certain conditions still need to be met, such as reference checks, medical clearances, or regulatory approvals. The document must align with Malaysian employment legislation, particularly the Employment Act 1955, Industrial Relations Act 1967, and relevant employment regulations. It includes essential terms such as job title, compensation, working hours, and benefits, while clearly stating the conditional nature of the offer. This document is particularly important in Malaysia's business environment where employment relationships often require multiple clearances and approvals, especially for foreign workers or regulated industries.

What sections should be included in a Provisional Offer Of Employment?

1. Company Letterhead: Official company letterhead with full registered company name, address, and contact details

2. Date: Date of the offer letter

3. Candidate Details: Full name and address of the prospective employee

4. Subject Line: Clear indication that this is a provisional offer of employment

5. Opening Statement: Formal offer of employment with reference to previous discussions or interviews

6. Position Details: Job title, department, and reporting relationship

7. Employment Terms: Key terms including start date, employment status (permanent/contract), and work location

8. Compensation Package: Basic salary, allowances, and other monetary benefits

9. Working Hours: Standard working hours, days, and rest periods as per Malaysian law

10. Benefits: Leave entitlements, medical benefits, and other standard company benefits

11. Acceptance Instructions: How and when to accept the offer, including deadline

12. Closing: Signature block for authorized company representative

What sections are optional to include in a Provisional Offer Of Employment?

1. Probation Period: Include when the company requires a probationary period, specifying duration and evaluation criteria

2. Confidentiality Clause: Include for positions with access to sensitive information

3. Mobility Clause: Include when job may require relocation or travel

4. Medical Examination: Include when employment is subject to passing a medical examination

5. Background Check: Include when employment is subject to satisfactory background checks

6. Work Permit: Include for non-Malaysian citizens requiring work authorization

7. Non-Competition: Include for senior positions or roles with access to sensitive business information

8. Bonus Structure: Include when position is eligible for performance bonuses or commission

9. Share Options: Include when offering equity participation or share options

What schedules should be included in a Provisional Offer Of Employment?

1. Schedule A - Job Description: Detailed description of roles, responsibilities, and key performance indicators

2. Schedule B - Benefits Summary: Comprehensive list of all company benefits and eligibility criteria

3. Schedule C - Compensation Structure: Detailed breakdown of salary components and payment schedule

4. Appendix 1 - Required Documents: List of documents required for employment verification and onboarding

5. Appendix 2 - Company Policies: Summary of key company policies applicable to the position

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Offer Letter

Cost

Free to use

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