In today's interconnected business environment, companies often need to share human resources efficiently across different entities within the same group or between collaborative business partners. An Employee Cost Sharing Agreement becomes essential when multiple entities benefit from the services of shared employees while needing to properly allocate and document the associated costs. This agreement, governed by Malaysian law, provides a comprehensive framework for managing shared employment arrangements, ensuring compliance with local regulations, and establishing clear methodologies for cost allocation. It includes essential provisions for employment status, confidentiality, intellectual property rights, and dispute resolution, while addressing specific requirements under Malaysian employment, tax, and social security laws.
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1. Parties: Identification of the participating companies sharing the employee costs
2. Background: Context of the arrangement, business relationship between parties, and purpose of the cost sharing agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Shared Employees', 'Cost Pool', 'Allocation Key', etc.
4. Scope of Agreement: Details of which employees are covered and the nature of services to be shared
5. Cost Sharing Methodology: Principles and methods for calculating and allocating shared costs between parties
6. Payment Terms: Terms and timing of payments, invoicing procedures, and payment currency
7. Employment Status: Clarification of primary employer and maintenance of employment relationships
8. Compliance with Laws: Obligations to comply with relevant Malaysian employment, tax, and social security laws
9. Confidentiality: Protection of confidential information and employee data
10. Term and Termination: Duration of agreement and circumstances for termination
11. Dispute Resolution: Process for resolving disputes between parties
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Employee Consent: Section requiring employee acknowledgment and consent - needed when employees will be substantially affected by the arrangement
2. Intellectual Property Rights: Required when shared employees will be creating or working with intellectual property
3. Non-Competition: Include when there are concerns about competitive activities between participating companies
4. Foreign Exchange Provisions: Needed when parties are from different countries and transactions involve multiple currencies
5. Tax Indemnity: Include when there are significant tax risks or cross-border elements
6. Force Majeure: Optional clause for circumstances preventing performance of obligations
7. Assignment Rights: Include when parties may need to transfer rights under the agreement
1. Schedule 1 - List of Shared Employees: Detailed list of employees covered by the agreement, their roles, and allocation percentages
2. Schedule 2 - Cost Allocation Methodology: Detailed formulas and procedures for calculating and allocating costs
3. Schedule 3 - Approved Cost Components: Itemized list of costs that can be shared under the agreement
4. Schedule 4 - Service Level Requirements: Performance standards and expectations for shared employees
5. Schedule 5 - Reporting Ƶ: Standard forms for cost reporting and reconciliation
6. Appendix A - Employee Consent Form: Template for obtaining employee acknowledgment and consent
7. Appendix B - Compliance Checklist: Checklist of relevant Malaysian legal requirements and compliance measures
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