Professional Documents
Culture Documents
(“Employee” or “you”)
Dear Sir,
EMPLOYMENT CONTRACT
1. Commencement
1.1 Your contract of employment shall be effective from 02 December 2019 on the
date mentioned in Annexure A.
1.2
2. Probationary period
2.1 The first six (6) months of your employment will be a probationary period
(“Probationary Period”), during which the Assistant Vice President-Treasury, Mr.
Ethelbert N. Apostol appointed by the Employer (“ your Immediate Supervisor,”)
and/or such other authorized person(s) of the Employer, as provided in Annexure
A, will monitor your performance and conduct, and you shall be entitled to the
Salary and Benefits set out in paragraph 3.1 below.
2.2 If the Employer is not satisfied with your performance or conduct during the
Probationary Period, it may at its discretion extend the Probationary Period by a
period of up to a further three (3) months. Reference to the Probationary Period
in this contract includes any extension of it under this clause. If your
Probationary Period is extended in accordance with this clause, you will receive a
written notice.
2.3 At the end of your Probationary Period or extended Probationary Period, in the
event the Employer is satisfied with your performance, the Employer will issue a
written confirmation of your employment with the Employer. If no confirmation
notice is issued by the end of your Probationary Period or extended Probationary
Period, it cannot be deemed as confirmation of employment.
2.4 During the Probationary Period, either the Employer or you may terminate your
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3.1 Subject to confirmation of your employment, you will be entitled to the following:
Benefits : such other benefits as the Employer may grant you at the sole
discretion of the Employer.
3.2 The Employer shall be deemed authorized at any time during your employment
and/or on its termination to deduct any sums owed by you to the Employer at
any time (to include, without limitation, salary, repayment of pay for holiday
taken in excess of your accrued entitlement) from your Salary and/or from any
other sums due to you under this contract (to include, without limitation, any
payment in lieu of notice, bonus, holiday pay or sick pay). The Employer will
provide a notice to the Employee to notify such deductions.
3.3 The terms of this contract may be reviewed annually (except in circumstances
where you have served or received notice of termination of your employment).
Salary increase, if any, will be given based on the Employer’s overall financial
performance as well as your individual job performance. There is no guaranteed
increase at any time.
4.1 Your place of work will be at the premises where the Employer carries out its
business or at such other place as the Employer may require you to attend.
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4.2 Your normal working hours for each week, which shall not exceed six (6) days
per week and eight (8) hours per day, with one (1) hour break. The Employee is
required to work during designated working hours.
4.3 The Employee covenants that, at the Employer’s request, you will work overtime
outside the normal working hours whenever a proper performance of the duties
so require.
4.4 In the event the Employee chooses to work beyond the designated days and/or
hours, you must notify your Immediate Supervisor accordingly. The Employer shall
not be liable to pay or be penalized by law for any additional hours and/or days
which you have decided to work at your own choice and/or freewill. All overtime
work has to be with the prior consent of the Immediate Supervisor.
4.5 In the event the Employee is authorized by the Immediate Supervisor to work
outside the normal working hours, the Employee shall be paid for the overtime at
the rate of not less than one and half times of the Employee’s hourly rate of pay, if
applicable by the law..
4.6 In view of the nature of your job function, you will be expected to maintain a
certain degree of flexibility in your working hours. Your working hours will be
structured according to the demands of the Employer as you shall be notified
from time to time.
5. Absenteeism
5.1 Regular attendance based on the working hours designated in clause 4 above is
essential to the efficient operation of the Employer’s business. Any absentee
without prior approval or without reasonable excuse will be issued with a
Warning Letter and shall be subject to disciplinary action.
5.2 Should you be continuously absent from work for more than two (2) consecutive
working days, either without prior approval or without reasonable excuse, or have
not informed or attempted to inform the Employer of his your absence, you are
deemed to have terminated your contract of service under Section 15(2) of the
Employment Act 1955.
6.1 You will be employed as a Branch Manager based on the position mentioned in
Annexure A and/or in such other capacity as the Employer from time to time shall
reasonably direct and you will be directly responsible to the Front Desk Officer,
Utility Staff, Barbers and Therapists your direct reports and/or such other
authorized person(s) of the Employer, as provided in Annexure A. It is agreed that
you shall undertake all work incidental and ancillary to your positionrole as
Branch Manager and such general tasks as may be given to you by the Immediate
Supervisor and/or such other authorized person(s) of the Employer.
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7. General Conduct
7.1 During your period of service with the Employer, you will be expected to perform
the duties assigned to you in a loyal, efficient, trustworthy and honest manner. You
will be expected to conduct yourself in a manner befitting your status as a Branch
Manager based on your position and an employee of the Employer. During the
continuance of your service with us, you will at all times faithfully and diligently
perform and observe such duties as may from time to time be assigned to you and
devote your time and attention to the discharge of the duties and functions
devolved upon you, and endeavour to the utmost of your ability to promote the
interest of the Employer.
7.2 You shall comply with all the requirements of the law, statutes, house rules,
regulations, policies and guidelines provided by landlord(s)/lessor(s) of the
Employer in the specified place of business and in respect of the execution of your
duties, obligations and services under this contract.
8. Training
8.1 The Employer may, at its own expense, allow you to attend and/or participate in
training seminars, workshops, and similar activities aimed towards improving
your professional and personal development.
8.2 In the event that you attend or participate in such training activity at the expense
of the Employer, you shall not be allowed to terminate this contract within the
period of six (6) after attendance of such training.
8.3 In case of a breach of this provision, you shall pay the Employer the full cost borne
by the Employer in this regard. The Employer shall deduct the said amount from
any and all monies due to you by the Employer. The Employer is hereby deemed to
be authorized by the Employee to effect such deduction(s)
9. Annual Leave
9.1 During the first two (2) years of employment with the Employer, you will be
entitled to paid annual leave eight (8) days in a calendar year. Thereafter, you will
be entitled to five (5) years of employment with the Employer, you will be
entitled to paid annual leave twelve (12) days in a calendar year and after that,
sixteen (16) days of paid annual leave from the sixth (6th) years of employment
with the Employer, adjusted on a pro- rata basis for part-years of service.
You will be deemed to take your statutory basic annual leave entitlement first,
then your statutory additional annual leave entitlement, and finally any
additional contractual annual leave entitlement.
9.2 In the event you wish to apply for your annual leave, you are required to make
such application not less than two (2) weeks’ written notice of your proposed
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9.3 The Employer reserves the right to require you to take holiday(s) / leave(s) on
particular dates including during any notice period or garden leave. You will be
given reasonable notice of any such requirement, which may be less than is
required under statute.
9.4 You must take all of your leave entitlement in a calendar year in which it accrues
and carrying forward holiday is not permitted. Unless you receive consent in
writing from the Employer, such leave will not be carried forward.
9.5 On termination of your employment, you will be paid based on your daily rate of
salary per day in lieu of accrued but untaken holiday / leave entitlement in
respect of the holiday / leave year in which your employment terminates.
9.7 The Employee is entitled to eleven (11) gazetted public holidays in Malaysia, five
(5) days of which shall be as follows:-
The remaining six (6) days shall be determined at the beginning of each calendar
year and shall be made known to the Employee by way of notice in writing by the
Company.
10.1 If you are absent from work for any sickness or injury, you, or someone or on
your behalf, must inform the Employer by no later than 9.00am on the first day of
absence. The reason for absence and the expected duration of the absence should
be given. On your return to work you will be required to provide the Employer
with a Statement of Fitness for Work / Medical Certificate from a general medical
practitioner/other treating doctor. You must keep the Employer informed on a
regular basis of your progress and the date of your expected return to work.
(ii) where hospitalisation is necessary, total of sixty (60) days per calendar
year but the quantum of sixty (60) days entitlement for hospitalisation is
to be reduced to the extent of the number of days taken as non-
hospitalisation leave.
11.1 Where applicable, you will be entitled to paid maternity leaves prescribed by
applicable Malaysian laws and regulations, if you have worked for the Employer
for at least ninety (90) days before the confinement.
11.2 The Employer shall be given at least two (2) months’ notice by the Employee
before the commencement of the maternity leave.
12.1 The Employee’s entitlement to the paid paternity leave will be at the sole
discretion of the Employer and subject to the Malaysian laws and regulations. The
Employee is required to apply for the paid paternity leave in writing and obtain
the written approval of the Immediate Supervisor. The male Employee is entitled
as prescribed by law to certain number of days of paid paternity leave as
prescribed by law days of paid paternity leave and is required to
provide proof of child’s birth immediately upon return to work. If no proof is
provided by the male Employee, this would result in deduction of the Employee’s
salary for the leave taken.
13.1 The company will make deductions from your salary and will make contributions
to the Malaysia Employees Provident Fund (EPF) and Malaysian Employee’s Social
Security Organisation (SOCSO) in accordance with legislative requirements. The
contribution rates are subject to change from time to time, as gazette by the
relevant authorities under the Employee’s Provident Fund Act 1991 and the
Employee’s Social Security Act 1969. The company will also make Monthly Tax
Deduction (MTD/PCB) from your salary.
14.1 You shall devote the whole of your time, knowledge, skill and attention to the
performance of your duties in to the Employer.
14.2 You shall not at any time during your service in with the Employer either directly
or indirectly (without the prior written consent from the Employer) engage or
interest yourself, whether gratuitously or for reward, in any work or business
other than that relating to the duties in the Employer. Non-compliance of this
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14.3 You are not allowed to accept from any party such as clients, contractors,
suppliers, customers, students or other anything in the form of money or gifts in
connection with your duty and position that will be for your personal benefit.
15. Confidentiality
15.1 You shall not disclose or divulge either directly or indirectly to any person or
Employer knowledge or information related to the Employer’s business, its
personnel / customers / clients / partners / administration which may come
within your knowledge or possession in the course of your employment and
which should not be disclosed or made public save in the course of your duties.
Further you undertake to return to the Employer any confidential information,
date, material (whether in physical or electronic form) or reports to the
Employer immediately upon the last day of your service.
15.2 This Clause shall continue to apply after the expiry or termination of your
employment with the Employer without limitation in point of time.
16.1 You are subject to the statutory disciplinary and grievance rules and procedures.
16.2 The Employer may, in its absolute discretion, suspend you on full pay in order to
investigate any claim or allegation which it considers could constitute serious
misconduct, where relationships have broken down, where the Employer has any
grounds to consider that its property or responsibilities to other parties are at
risk, and/or where the Employer considers that your continued presence at the
Employer’s premises could hinder an investigation. Any such suspension is
without prejudice to the Employer’s right to subsequently terminate your
employment on the same or any other ground and will last no longer than is
necessary to carry out any inquiry or investigation into the circumstances and to
hold any appropriate disciplinary hearings.
16.3 If you wish to appeal against any disciplinary decision or decision to dismiss you,
your appeal must be made in writing to the Employer and you should set out in
detail the reasons for your appeal.
16.4 If you wish to raise a grievance, you may do so by writing to the Employer. You
should set out in detail the circumstances of your complaint.
17. Termination
17.2 The Employer may, by written notice, terminate your employment contract with
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immediate effect without prejudice to any other rights the Employer has against
you, in the following circumstances:
(i) you have committed any act of grave misconduct or willful neglect in the
discharge of your responsibilities under this contract; or
(ii) you have committed any serious or persistent breach of the provisions of
this contract; or
(iii) breach of non-observance of any of the stipulations set out in the policies
and procedures of the Employer; or
(iv) guilty of conduct which in the reasonable opinion of the Employer brings
you or the Employer and its associate companies into disrepute; or
(vii) committed any act of dishonesty whether to the Employer or any of its
employees or otherwise; or
(viii) where in the reasonable opinion of the Employer, you are found to be
incompetent in the performance of your duties; or
17.3 If you or the Employer have given notice to terminate your employment, the
Employer may at any time require you not to attend at your place of work and/or
any of the Employer’s premises and/or require you to perform your duties from
home, to perform no duties or to perform duties different to your normal duties,
and/or to return all Employer property in your possession or control and/or not
directly or indirectly to contact any clients, suppliers or employees of the
Employer until your employment ends. During such period, you will continue to
be entitled to Salary and contractual benefits and you will remain an employee of
the Employer and may not work for any other person.
17.4 You hereby agree to be restricted from soliciting, canvassing, or accepting any
client, business or transaction of or related to the Employer for any other person,
firm, or corporation or business before and/or after the termination of your
employment with the Employer.
17.5 Both Employee and Employer acknowledge that nothing in this Contract
guarantees an automatic renewal of the Contract Term and both Parties
acknowledge that the Company has no obligation whatsoever to grant a renewal
of your employment upon expiry of the terms of the Contract.
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18. Retirement
18.1 The employment contract will end in any event without notice being required on
the date the Employee reaches the Malaysia’s retirement age of 60 years. Any
extension beyond this will be at the discretion of the Company.
19.1 The Employer may change the conditions contained in this employment contract if
it believes that it has justified business reasons to do so. Any changes in the
conditions and terms of employment will be notified to you in writing as and when
they take place and the document notifying the changes will form part of your
terms and conditions of employment. You will have thirty (30) days to raise any
objections on the changes and will be deemed to have agreed to the change should
no objections have been received by the end of this period.
20.1 The Employee covenants that, at the Employer’s request, you will at all times
accept to perform work and job function as maybe instructed from time to time by
the Employer.
20.2 The Employer reserves the full right to transfer, second or reassign you to work in
a new position and/or location, or perform work for a company affiliated with the
Employer whenever it deems appropriate or necessary.
21. Notices
21.1 Where a notice is required to be given under this contract, notice sent to the
Employer or employee at the address specified in this contract by registered mail
or by personal delivery shall be considered sufficient compliance with the
requirement of notice.
22. Variation
22.1 The Employer reserves the right to make reasonable changes to any of your terms
and conditions of employment.
23.1 This contract shall be governed by and construed in accordance with the laws of
Malaysia.
24.1 This contract is the entire agreement between you and the Employer in relation to
its subject matter and replaces all previous agreements and arrangements
(whether written or oral, express or implied) relating to your employment by the
Employer. Any such previous agreements and arrangements will be deemed to
have been terminated by mutual consent as from the date of this contract.
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(End of clauses)
We shall be glad if you could signify your acceptance of your employment terms as set out
in this contract and Annexures A and B of this contract by signing at the designated portion
below and returning the duplicate copy of this contract.
Yours faithfully,
BRUNOS SERVICES MALAYSIA SDN BHD
ACCEPTANCE
I, AHMAD ABSHAR ALIF BIN BADARUL HISAM (NRIC NO. 910303115183), accept the
terms of employment as set out in the contract dated and
Annexure A and B of the contract and agree to abide by the terms and conditions set by
the Employer as may be advised from time to time.
……………………………………………………..
NAME: AHMAD ABSHAR ALIF BIN BADARUL HISAM
NRIC NO.: 91030311518
DATE:
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Date of Commencement of
Employment
I/C No:
I/C No
Gender
BirthdateDate of Birth
Position Title
Immediate Supervisor
Direct Reports
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This employment contract form is made in duplicate and signed and agreed on:
Signature : _________________________________________
Employee:
I have read and understood the terms and conditions of employment and accept that
these form part of my contract with Brunos Services Malaysia Sdn Bhd.
Signature: _________________________________________________
1. Scope
1.1 The coverage of these guidelines includes the General Guidelines, Guidelines on
Proper Hygiene, Sanitation and Good Grooming and Guidelines on Proper Decorum
in the Performance of the Contracted Services, for the purpose of achieving the
desired results to the satisfaction of the clients/customers of Brunos Services
Malaysia Sdn Bhd (“the Company”). All these guidelines are adopted pursuant to
the spirit and intent of the Employment Contract (“EC”) between the Company and
the employee.
2. Objectives
2.1 To inform each employee of the guidelines in the performance of the contracted
services in order to attain the desired results.
2.2 To establish the standards of professionalism necessary for the performance of the
contracted services and excellent customer service.
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2.3 To know and understand the proper decorum expected of all employees in relation
to the Company and its customers
2.4 To ensure that actions on contractual breach(es) are consistent, fair and prompt
and in accordance with the spirit and letter of the EC.
3. General Guidelines
3.1 The “cab rank” system is to be followed, where the first barber / therapist who
comes in to the store each day gets to service the first client unless the client has
an appointment with, or requests for, another barber / therapist. All arrangements
made amongst the barbers / therapists shall be consistent with the EC.
3.2 All arrangements between Company and the employees with regard to opening
and/or closing shifts are required to be complied and shall be consistent with the
EC.
3.3 The Company and the employee agree that the latter shall perform the contracted
services for at least six (6) days a week. Habitual / Constant / Repeated failure to be
present punctually and/or render services shall be deemed to be a breach of the EC.
Employees are allowed to perform the contracted services during their rest days if
they shall so volunteer their time and services.
3.4 The Company and the employee agree that the latter shall observe the proper
dress code. Employees are allowed to choose from at least three (3) basic tops and
are allowed to wear any kind of dark trousers / jeans, shoes or accessories, e.g.
vests, ties, scarves, etc.
3.5 The Company and the employee agree that good grooming, sanitation and
cleanliness, as well as proper decorum, should be complied with by the employee.
4.1 Males:
(i) Styled and well-trimmed hair
(ii) Cleanly shaven face
(iii) Clean and well-trimmed nails
(iv) Use of proper dress code
4.2 Females:
(i) Hair properly trimmed, tied or knotted
(ii) Small and simple earrings (if ears are pierced)
(iii) Clean and well-trimmed nails
(iv) Moderate make-up
(v) Use of proper dress code
5.5 Keep toilets clean and odour-free. Wipe and flush the toilet after each use.
5.7 Keep back area/pantry clean by wiping counters and leaving sinks free of food
items.
5.8 Store personal belongings i.e. clothes, shoes in proper cabinets. Drawers and
counters in cutting area are for work equipment only.
5.10 Counters, mirrors, barber chairs and shampoo bowls should be free of
fingerprints, hair and stains.
5.11 Fix or repair equipment as soon as possible i.e. screws, broken parts, etc.
(d) Use of contractually agreed time for the rendition of services, as well as the
premises, Company name, equipment, supplies and other Company
resources for personal benefit
(e) Abandonment or failure to provide contracted services for more than ten
(10) consecutive days without notification and without valid justification
(f) Unauthorised use or taking out of any material, supplies or equipment from
Company premises
(j) Forgery
(m) Kickbacks
(s) Borrowing, accepting money (except tips) or soliciting material favors from
suppliers or customers for personal benefit
(t) Swindling
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(u) Unauthorised possession of keys and other similar devices that can access any
Company property
(x) Entering into or offering loan arrangements with any of the employees of the
Company and/or contractors without the approval of the Company
(z) Other acts of dishonesty or cheating where there is a clear intent of personal
gain
(cc) Indecent, immoral conduct, sexual harassment, pimping and the like
(dd) Conviction and/or involvement in any criminal offense under the law or
ordinance
(ee) Pushing, selling, possession and use of prohibited drugs inside and outside
Company premises
(hh) Possession of and/or threat of using firearms, knives and other deadly
weapons
(kk) Gross discourtesy, threats, bullying and use of offensive language that may
insult customers, contractors, the employees/officers of the Company, and
the Company itself
(ll) Serious threats against the Company, its customers, employees, contractors
or members of their family
(pp) Willfully and/or constantly failing to follow the guidelines in order to achieve
the desired results
(uu) Other acts clearly showing disrespect towards the Company and/or its officers
(yy) Wastage of power, light, water, equipment, supplies and other Company
resources
(e) Failure to go to work station and perform the contractually agreed services
without notice
(f) Sitting, sleeping or reading on barber chairs and other customer areas
(h) Eating in customer areas such as the reception, cutting areas and massage
rooms
(j) Unsanitary acts and failure to observe cleanliness at work and back areas
including massage rooms, lounge areas and toilets
(k) Frequently receiving visitors during working hours and receiving or making
telephone calls for personal reasons
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