Sample Employment Contract Between an EOR and an Employee in Malaysia

Sample Employment Contract Between an EOR and an Employee in Malaysia | Bestar

Here's a legally binding sample employment contract outlining the key sections and clauses that are typically included in an employment contract between an Employer of Record (EOR) and an employee in Malaysia. This will give you a good understanding of the structure and content.

EMPLOYMENT CONTRACT

Date: [Date]

BETWEEN:

[Employer of Record Name] (Company Registration Number: [EOR Registration Number]), a company incorporated in [EOR Country of Incorporation] with its registered address at [EOR Registered Address] (hereinafter referred to as the "Employer" or "EOR")

AND

[Employee Full Name] (NRIC/Passport Number: [Employee Identification Number]), residing at [Employee Residential Address] (hereinafter referred to as the "Employee")

WHEREAS:

• The Employer is engaged in the business of providing Employer of Record services.

• The Client Company, [Client Company Name], desires to engage the services of the Employee in Malaysia.

• Pursuant to an agreement between the Employer and the Client Company, the Employer will be the legal employer of the Employee in Malaysia, and the Employee will perform services for the benefit of the Client Company.

NOW, IT IS HEREBY AGREED as follows:

1. Position and Duties:

• 1.1 Title: [Employee Job Title]

• 1.2 Responsibilities: The Employee shall perform the duties and responsibilities as outlined in Appendix A attached hereto, and any other duties as may be reasonably assigned by the Client Company or the Employer from time to time.

• 1.3 Reporting: The Employee will report to [Name and Title of Client Company Contact Person] at the Client Company.

2. Commencement Date and Duration:

• 2.1 Commencement Date: This employment shall commence on [Date of Commencement].

• 2.2 Duration: This is a [Fixed-Term/Permanent] contract. If it is a fixed-term contract, the employment shall terminate on [Date of Termination], unless extended in writing by both parties.

3. Probationary Period (If Applicable):

• 3.1 Probation: The Employee shall be subject to a probationary period of [Number] months commencing from the Commencement Date.

• 3.2 Confirmation: Upon satisfactory completion of the probationary period, the Employer shall confirm the Employee's employment in writing. The Employer reserves the right to terminate the employment at any time during the probationary period with [Number] days' written notice or payment in lieu thereof.

4. Working Hours:

• 4.1 Standard Hours: The Employee's standard working hours shall be [Number] hours per week, typically from [Start Time] to [End Time] on [Days of the week].

• 4.2 Overtime: Any work performed beyond the standard working hours shall be considered overtime and shall be compensated in accordance with the Employment Act 1955. The rate of overtime pay shall be [e.g., 1.5 times the hourly rate]. The maximum permissible overtime is subject to Malaysian law.

• 4.3 Rest Day: The Employee shall be entitled to one (1) rest day per week, which shall normally fall on [Day of the week], or as may be mutually agreed upon.

5. Salary and Payment:

• 5.1 Basic Salary: The Employee's basic monthly salary shall be [Amount in MYR] Ringgit Malaysia (MYR).

• 5.2 Allowances (If Applicable): The Employee shall be entitled to the following allowances: [Specify allowances and amounts, e.g., transport allowance: MYR X, etc.].

• 5.3 Payment Frequency: The Employee's salary shall be paid monthly, no later than the [Day] of the following month, via bank transfer to the Employee's designated bank account.

• 5.4 Deductions: The Employer shall make statutory deductions as required by Malaysian law, including but not limited to Employees Provident Fund (EPF) and Social Security Organization (SOCSO) contributions, and income tax.

6. Benefits:

• 6.1 Statutory Benefits: The Employee shall be entitled to all statutory benefits as mandated by Malaysian law, including contributions to EPF and SOCSO.

• 6.2 Annual Leave: The Employee shall be entitled to annual leave in accordance with the Employment Act 1955, which is currently [Number] days per year for [duration] of service.

• 6.3 Sick Leave: The Employee shall be entitled to paid sick leave in accordance with the Employment Act 1955, which is currently [Number] days per year. Hospitalization leave shall also be granted as per the Act.

• 6.4 Public Holidays: The Employee shall be entitled to all gazetted public holidays in Malaysia.

• 6.5 Other Benefits (If Applicable): [Specify any other benefits, e.g., health insurance, etc.].

7. Confidentiality:

• The Employee acknowledges that during the course of their employment, they may have access to confidential information belonging to the Client Company and/or the Employer. The Employee agrees not to disclose such confidential information to any third party during or after the termination of their employment without the prior written consent of the Client Company and/or the Employer.

8. Intellectual Property:

• All intellectual property rights in any work created by the Employee during their employment for the benefit of the Client Company shall belong to the Client Company. The Employee agrees to execute all necessary documents to assign such rights to the Client Company.

9. Termination of Employment:

• 9.1 By Employee: The Employee may terminate this employment by giving the Employer [Number] weeks' written notice, or payment in lieu thereof, as per the Employment Act 1955 based on their length of service.

• 9.2 By Employer: The Employer may terminate this employment by giving the Employee written notice or payment in lieu thereof, as per the Employment Act 1955 based on the Employee's length of service. The Employer may also terminate the employment without notice for just cause, as defined under Malaysian law.

• 9.3 Severance Pay: In the event of retrenchment or certain other circumstances as prescribed by the Employment Act 1955, the Employee shall be entitled to severance pay in accordance with the Act.

10. Governing Law and Jurisdiction:

• This Agreement shall be governed by and construed in accordance with the laws of Malaysia.   

• Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia.   

11. Entire Agreement:

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter herein.   

12. Amendments:

• No amendment or variation of this Agreement shall be effective unless it is in writing and signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.   

[Employer of Record Name]  [Employee Full Name]

By: _________________________ _________________________

Name: [Name of Authorized Signatory] Name: [Employee Full Name]

Title: [Title of Authorized Signatory]

Appendix A: Job Description and Responsibilities

Job Title: Marketing Executive

Department: Marketing

Reporting To (Client Company): Marketing Manager, [Client Company Name]

Overall Purpose of the Role:

The Marketing Executive is responsible for supporting the development and execution of the Client Company's marketing strategies to achieve business objectives, including brand awareness, lead generation, and customer acquisition within the Malaysian market. This role requires a proactive individual with strong organizational and communication skills, capable of working independently and collaboratively with the Client Company's marketing team.

Key Responsibilities:

1. Marketing Plan Implementation:

   • Assist in the implementation of marketing plans and campaigns across various channels, including digital, social media, email, and potentially traditional media.

   • Coordinate with external vendors and agencies as needed for campaign execution.

   • Ensure marketing activities are aligned with the overall marketing strategy and brand guidelines of the Client Company.

2. Digital Marketing Support:

   • Assist in the management of the Client Company's social media presence, including content creation, scheduling, and community engagement (under the direction of the Client Company's social media lead).

   • Support the execution of email marketing campaigns, including list segmentation, content development (following Client Company guidelines), and performance monitoring.

   • Assist with basic website updates and content management (if required and as directed by the Client Company).

   • Support the implementation and monitoring of SEO and SEM activities (under the guidance of the Client Company's digital marketing specialists or agencies).

3. Content Creation and Adaptation:

   • Assist in the creation of marketing materials, such as social media posts, website copy, email newsletters, and presentations, ensuring they are localized and culturally relevant for the Malaysian market (following the Client Company's brand voice and guidelines).

   • Adapt and translate existing marketing content for the Malaysian audience, ensuring accuracy and cultural appropriateness.

4. Market Research and Analysis:

   • Conduct basic market research to identify trends, competitor activities, and customer insights within the Malaysian market.

   • Assist in the analysis of marketing campaign performance and provide basic reports on key metrics.

5. Event and Promotion Support:

   • Assist in the planning and execution of marketing events, webinars, and promotional activities within Malaysia.

   • Coordinate logistics, manage materials, and provide on-site support as required.

6. Stakeholder Communication:

   • Maintain clear and effective communication with the Client Company's marketing team, providing regular updates on progress and challenges.

   • Liaise with the Employer (EOR) on administrative and HR-related matters.

7. Compliance and Reporting:

   • Ensure all marketing activities comply with relevant Malaysian laws and regulations.

   • Provide regular reports on activities and progress to the Client Company's Marketing Manager.

8. Other Duties:

   • Perform any other duties and responsibilities as may be reasonably assigned by the Client Company's Marketing Manager or the Employer from time to time.

Key Performance Indicators (KPIs):

The Employee's performance will be evaluated based on the achievement of KPIs as defined and communicated by the Client Company, which may include:

• Contribution to lead generation targets within Malaysia.

• Growth in social media engagement within the Malaysian market.

• Effectiveness of implemented marketing campaigns.

• Timely completion of assigned tasks and projects.

• Quality and accuracy of marketing materials.

Note: The specific duties and responsibilities may evolve over time based on the needs of the Client Company's business. The Employee is expected to be adaptable and willing to take on new challenges and responsibilities as required.

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