This Temporary Employment Contract template is designed for use in Malaysia when engaging employees for a fixed duration. It ensures compliance with Malaysian employment legislation, particularly the Employment Act 1955 and related regulations. The document is suitable for various temporary employment arrangements, including project-based work, seasonal employment, or fixed-term positions. It covers all essential elements required by Malaysian law, including statutory benefits, working hours, leave entitlements, and termination provisions. The contract should be used when there is a clear temporary nature to the employment relationship, with a defined start and end date. It includes provisions for early termination, confidentiality, and other protective clauses while ensuring all mandatory employee benefits and protections under Malaysian law are properly addressed.
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1. Parties: Identification of the employer and employee with complete legal names and addresses
2. Background: Brief context of the temporary employment arrangement and purpose of the contract
3. Definitions: Key terms used throughout the contract defined for clarity
4. Appointment and Term: Details of the position, job title, and specific duration of the temporary employment
5. Duties and Responsibilities: Detailed description of the employee's role, reporting structure, and key responsibilities
6. Working Hours and Location: Specified working hours, days, and primary work location
7. Remuneration and Benefits: Salary, payment schedule, and mandatory benefits as per Malaysian law
8. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements
9. Termination: Conditions and process for early termination by either party
10. Confidentiality: Obligations regarding company confidential information
11. Governing Law: Specification of Malaysian law as the governing law
12. Entire Agreement: Standard clause confirming the contract as the complete agreement between parties
1. Probation Period: Include when the temporary contract includes an initial probation period
2. Performance Reviews: Include when regular performance evaluations are part of the engagement
3. Intellectual Property: Include when the role involves creation of IP or creative work
4. Non-Competition: Include for senior roles or when dealing with sensitive business information
5. Training Requirements: Include when specific training or certifications are required
6. Overtime Arrangements: Include when the role may require overtime work
7. Remote Working Provisions: Include when the role involves remote or hybrid working arrangements
8. Bonus Scheme: Include when performance-based bonuses are part of the compensation package
1. Schedule 1 - Job Description: Detailed breakdown of roles, responsibilities, and performance expectations
2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and any variable pay elements
3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms
4. Schedule 4 - Statutory Benefits: Details of all statutory benefits and contributions under Malaysian law
5. Appendix A - Code of Conduct: Company's code of conduct and expected behavioral standards
6. Appendix B - Confidentiality Agreement: Detailed confidentiality obligations and protected information
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