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Employment Agency Agreement for Malaysia

Employment Agency Agreement Template for Malaysia

This Employment Agency Agreement is a comprehensive legal document governed by Malaysian law, specifically structured to comply with the Private Employment Agencies Act 1981 and related Malaysian employment legislation. The agreement establishes the terms and conditions under which an employment agency provides recruitment services to client companies in Malaysia, including provisions for candidate sourcing, screening, placement, fee structures, and compliance requirements. It incorporates necessary data protection measures under the Personal Data Protection Act 2010 and includes specific provisions for both local and foreign worker recruitment where applicable.

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What is a Employment Agency Agreement?

The Employment Agency Agreement is essential for businesses in Malaysia seeking to formalize their relationship with professional recruitment service providers. This document is specifically designed to comply with Malaysian regulations, particularly the Private Employment Agencies Act 1981, and establishes the framework for recruitment services, including candidate sourcing, screening, and placement. It's typically used when a company needs ongoing recruitment support or plans to engage an agency for multiple hiring projects. The agreement covers crucial aspects such as service scope, fee structures, warranties, compliance requirements, and data protection measures. It's particularly important in the Malaysian context where employment agencies must maintain specific licenses and comply with strict regulatory requirements for both local and foreign worker recruitment.

What sections should be included in a Employment Agency Agreement?

1. Parties: Identification of the Employment Agency and the Client Company, including registration numbers and licensing details

2. Background: Context of the agreement, including the agency's authority to operate under Malaysian law and the client's need for recruitment services

3. Definitions: Key terms used throughout the agreement, including 'Candidates', 'Placement', 'Fees', and other relevant terminology

4. Scope of Services: Detailed description of recruitment services provided, including search, screening, and placement services

5. Agency Obligations: The agency's responsibilities, including compliance with Malaysian employment laws and maintaining necessary licenses

6. Client Obligations: Client's responsibilities in the recruitment process, including providing accurate job descriptions and timely feedback

7. Fee Structure: Detailed breakdown of fees, payment terms, and conditions for refunds or replacements

8. Confidentiality: Provisions for protecting confidential information and compliance with data protection laws

9. Terms and Duration: Period of agreement, renewal terms, and conditions for termination

10. Warranties and Representations: Guarantees regarding licensing, compliance with laws, and service quality

11. Limitation of Liability: Boundaries of the agency's liability and indemnification provisions

12. General Provisions: Standard clauses including notices, entire agreement, governing law, and dispute resolution

What sections are optional to include in a Employment Agency Agreement?

1. Foreign Worker Placement: Additional terms specific to the recruitment and placement of foreign workers, including visa and permit requirements

2. Specialized Industry Requirements: Specific provisions for regulated industries requiring special qualifications or security clearances

3. Volume Placement Terms: Special terms and conditions for bulk hiring or mass recruitment campaigns

4. Training Services: Terms covering additional training or orientation services provided by the agency

5. Temporary Staffing Provisions: Specific terms for temporary or contract staffing arrangements

6. Executive Search Terms: Special provisions for executive-level recruitment services

7. On-site Services: Terms for agency staff working on-site at client premises

What schedules should be included in a Employment Agency Agreement?

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3: Required Documentation: List of necessary documents for candidate processing and placement

4. Schedule 4: Compliance Checklist: Checklist of regulatory requirements and compliance measures

5. Appendix A: Agency Licenses: Copies of relevant licenses and certifications

6. Appendix B: Standard Operating Procedures: Detailed recruitment and placement procedures

7. Appendix C: Data Protection Protocols: Specific procedures for handling personal data in compliance with PDPA

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions



























Clauses






























Relevant Industries

Manufacturing

Technology

Financial Services

Healthcare

Construction

Retail

Hospitality

Education

Professional Services

Logistics

Oil and Gas

Agriculture

Electronics

Relevant Teams

Human Resources

Legal

Compliance

Operations

Finance

Procurement

Senior Management

Administration

Risk Management

Relevant Roles

Human Resources Director

HR Manager

Talent Acquisition Manager

Recruitment Manager

Legal Counsel

Compliance Officer

Operations Director

Managing Director

Chief Executive Officer

Finance Director

Procurement Manager

Contract Manager

Business Development Manager

Human Resources Executive

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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