This Employment Contract Foreign Worker template is essential for Malaysian employers hiring non-citizen workers under Malaysian law. It is designed to comply with stringent local employment regulations, immigration requirements, and specific provisions for foreign worker protection. The document should be used when engaging foreign workers under valid work permits in Malaysia, incorporating mandatory terms from relevant legislation such as the Employment Act 1955 and Immigration Act 1959/63. It includes crucial provisions for accommodation, working conditions, salary, and repatriation, while ensuring compliance with minimum wage orders and social security requirements. The contract serves as a legally binding agreement that protects both employer and employee interests while meeting all statutory obligations for foreign worker employment in Malaysia.
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1. Parties: Identification of the employer and employee, including company registration details and foreign worker's passport information
2. Background: Context of the employment relationship, including the nature of work permit and employment category
3. Definitions: Key terms used in the agreement including relevant Malaysian employment law terminology
4. Appointment and Duration: Job title, employment duration tied to work permit validity, and probation period if applicable
5. Duties and Responsibilities: Detailed job scope and employee obligations, including compliance with Malaysian laws
6. Working Hours and Rest Days: Work schedule, overtime arrangements, and rest days in compliance with Employment Act 1955
7. Remuneration and Benefits: Salary, allowances, statutory contributions, and payment methods
8. Leave Entitlements: Annual, medical, and other statutory leave entitlements
9. Accommodation and Transportation: Housing provisions and transport arrangements as per Workers' Minimum Standards of Housing and Amenities Act
10. Medical Benefits: Healthcare coverage and medical examination requirements
11. Work Permit and Immigration: Responsibilities regarding work permit maintenance and immigration compliance
12. Termination: Grounds for termination, notice periods, and repatriation obligations
13. Governing Law: Malaysian law as governing law and jurisdiction
14. Execution: Signature blocks and witness provisions
1. Non-Competition: Restrictions on working for competitors, used for skilled or technical positions
2. Confidentiality: Protection of company information, required for positions with access to sensitive information
3. Performance Requirements: Specific KPIs and performance standards, used for skilled positions
4. Training Requirements: Mandatory training programs and skill development, relevant for technical or specialized roles
5. Industry-Specific Compliance: Additional requirements for specific industries (e.g., manufacturing, construction)
6. Language Requirements: Language proficiency requirements and testing, if relevant to the position
7. Tools and Equipment: Provisions regarding company-provided equipment and tools, relevant for technical or specialized work
1. Schedule 1 - Job Description: Detailed breakdown of job responsibilities and reporting structure
2. Schedule 2 - Remuneration Details: Breakdown of salary components, allowances, and deductions
3. Schedule 3 - Accommodation Details: Specific information about provided accommodation and facilities
4. Schedule 4 - Working Hours Schedule: Detailed work schedules, shift patterns if applicable
5. Appendix A - Required Documents: List of mandatory documents (passport, qualifications, medical certificates)
6. Appendix B - Company Policies: Relevant company policies and standard operating procedures
7. Appendix C - Safety Regulations: Workplace safety requirements and procedures
8. Appendix D - Benefits Summary: Detailed description of all benefits and entitlements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Construction
Agriculture
Plantation
Services
Hospitality
Food & Beverage
Healthcare
Domestic Services
Industrial
Technology
Oil & Gas
Relevant Teams
Human Resources
Legal
Compliance
Operations
Administration
Finance
Facilities Management
International Mobility
Employee Relations
Recruitment
Workforce Planning
Relevant Roles
Production Operator
Construction Worker
General Worker
Domestic Helper
Factory Worker
Plantation Worker
Service Staff
Kitchen Helper
Cleaner
Machine Operator
Agricultural Worker
Manufacturing Technician
Maintenance Worker
Healthcare Assistant
Restaurant Staff
Hotel Service Staff
Security Guard
Skilled Craftsman
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