Terms & Conditions – TM Protege Programme

Appendix 1 – TM ELIT-PROTÉGÉ RTW Terms & Conditions

TERMS & CONDITIONS

TM EXECUTIVE LEADERSHIP
INDUSTRIAL TRAINING (TM ELIT) –
PROTÉGÉ RTW PROGRAM
TERMS & CONDITIONS – TM ELIT-PROTÉGÉ RTW PROGRAM

INTERPRETATION

In these Terms & Conditions (T&C), the following words shall have the meaning hereby
assigned to them except where the context otherwise requires: -

TM
means Telekom Malaysia Berhad and its subsidiaries and shall include all its divisions, branches
and departments throughout Malaysia.

Trainee (s)
means graduates who have been offered by TM for TM ELIT-PROTÉGÉ RTW PROGRAM.

Programme
means TM ELIT-PROTÉGÉ RTW: TM Executive Leadership Industrial Training – Professional
Training and Education for Growing Entrepreneurs Ready to Work Program.

Parties
means TM & the Trainees.

Confidential Information
means all information, processes, products, services or affair including but not limited to,
business, technical or non-technical data, formulae, data, drawing, specifications relating to the
Programme and all readable or computer or other machine readable data, logic, logic diagrams,
flow, charts, orthographic representations, coding sheet, coding, source or object codes, listings,
test data, test routines, diagnostic programs or other material relating to or comprising any
software which is part of the Programme. Further, Confidential Information includes information
that a reasonable person would determine to be confidential when taking into account its
nature and the circumstances under which it is disclosed.

T&C
means these Terms & Conditions for TM Executive Leadership Industrial Training -PROTÉGÉ
RTW Program including any amendments or variations made thereto.

This T&C and the Offer Letter shall apply to the Trainees who have accepted the Programme.
Upon acceptance of the Programme, the Trainees’ performance shall be governed by and
subject to the T&C hereinafter contained.

1. TERM OF ENGAGEMENT

1.1 The engagement subject to termination as provided below shall be for a fixed
period of eight (8) months commencing from 1st October 2021 until 31st May
2022 (hereinafter referred to as the "Programme Period").

2. PLACEMENT & ASSIGNMENT

2.1 Subject to TM’s discretion, the Trainee shall be placed and assigned in any
unit/division in TM during the Programme Period and the type of assignment or
the work to be carried out by the Trainee shall be determined by TM accordingly.

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3. DUTIES AND RESPONSIBILITIES

3.1 The Trainee shall serve TM in the capacity of a trainee and shall carry out his/her
duties and responsibilities to perform and undertake the job assigned by TM or
such other duties and responsibilities as instructed by TM.

3.2 The Trainee shall obey and comply with all the provisions provided under this T&C
and any expressed policies, rules, procedures, regulations and instructions by TM
from time to time throughout the Programme Period.

3.3 The Trainee shall devote his/her whole time and full attention to the Programme
and shall not without the prior written consent of TM, engage in any other
programme whether directly or indirectly or under his personal capacity or
howsoever.

3.4 The Trainee shall faithfully and diligently and to the best of his ability, serve TM
and use his best skills and endeavours as a Trainee during the Programme Period.

3.5 The Trainee shall ensure that any business decision and action taken during the
Programme Period must be based on the best interest of TM and must not be
motivated or influenced by personal interest, gains, considerations or personal
relationship. The Trainee shall also demonstrate trustworthiness and practice
honesty in carrying out their duties and responsibilities during the Programme
Period.

3.6 The Trainee shall comply with all applicable laws and regulations in Malaysia.

3.7 The Trainee shall not commit any act of misconduct causing or calculated to cause
any damages or losses to TM, its reputation and interests, and shall in all respects
and at all times, conduct himself/herself with propriety and decorum.

3.8 The Trainee is prohibited from participating actively in any political and/or
unsanctioned religious activities held inside or outside of Malaysia.

3.9 The Trainee shall not delegate any duties or obligations arising under this T&C
otherwise than as may be expressly permitted under its terms.

4. WORKING DAYS & HOURS

a) For the states, whereby rest day falls on Saturday & Sunday:

 Mondays to Thursday : 8.30 am to 5.30 pm

 Friday : 8.30 am to 5.00 pm
 (Lunch Break Hours : 1.00 pm to 2.00 pm)

 For male muslim personnel performing Friday prayers, lunch break hours as per
below:

Region Break Hours

Peninsular Malaysia 12.30 pm – 2.30 pm
Sabah 11.45 pm – 1.45 pm
Sarawak 12.15 pm – 2.15 pm

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b) For the states, whereby rest day falls on Friday & Saturday:

 Sunday to Wednesday : 8.30 am to 5.30 pm

 Thursday : 8.30 am to 5.00 pm
 (Lunch Break Hours : 1.00 pm to 2.00 pm)

5. ATTIRE

5.1 The Trainee shall abide by TM’s dress code.

6. ALLOWANCE, BENEFITS & CLAIMS

6.1 The Trainee shall be given a monthly allowance of RM2,000.00 (Ringgit Malaysia
Two Thousand only), for the eight (8) months.

6.2 TM shall not provide any other monetary benefits or non-monetary benefits to the
Trainee during the Programme Period.

6.3 The Trainee is not entitled to any other allowances except for shift allowance (if
applicable).

6.4 TM shall not be liable to pay any income tax or EPF contribution on the allowances
paid to the Trainee.

6.5 TM & Trainee shall be liable to pay mandatory contribution of SOCSO and EIS
based on the rates fixed by Perkeso as stated in Employees’ Social Security Acts
1969 (Act 4) and Employment Insurance System Act 2017 [Act 800].

7. LEAVE ENTITLEMENT

7.1 Pay Leave

a) 1TM Leave – Entitled
b) Annual Leave Eight (8) days
c) Medical Leave Four (4) days
d) Compassionate Leave (3) days.
i) Death of trainee's immediate family members. Immediate family
refer to:
 Parent
 Sibling
 Grandparent
ii) Marriage

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8. INSURANCE

8.1 The Trainee will be covered under MSIG Health Plan throughout the Programme
Period.

1) Hospital Medical & Surgical Insurance

1.1 Outpatient Medical (Clinical) Benefits
1.2 Outpatient Specialist Care

2) Hospital & Surgical Benefits

3) Personal Accident Insurance

3.1 Personal Accident Benefits
3.1.1 Death
3.1.2 Permanent Disablement
3.1.3 Bereavement Allowance

4) Term Life underwritten by Hong Leong Assurance Bhd

4.1 Life Benefits
4.1.1 Natural Death
4.1.2 Permanent Total Disablement due to natural causes

9. CONFIDENTIALITY

9.1 The Trainee shall:

a) Treat as confidential and keep secret all Confidential Information which

has already been disclosed to him/her during the Programme Period;

b) take all proper and effective precautions to prevent the disclosure of the
Confidential Information to unauthorised persons and to preserve the
secrecy and confidentiality of the Confidential Information and, in
particular but without in any way limiting the generality of the foregoing,
take all necessary action to prevent unauthorised persons from obtaining
access to the Confidential Information whether by direct or indirect
exposure; and

c) destroy or return all Confidential Information to TM upon the termination

or expiry of this Programme.

9.2 Except with prior written consent from TM, the Trainee shall not, at any time:

a) communicate to any person or body or entity, any Confidential Information

disclosed to them;

b) make or caused to be made any press statement nor publish any material
whatsoever relating to the Programme; or

c) use or permit to be used in any manner the Confidential Information for

any purpose whatsoever except for the purposes expressly authorised by
TM.

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10. INTELLECTUAL PROPERTY RIGHTS OF TM

10.1 Copyrights and any other intellectual property rights in any materials such as (but
not limited to) trade mark or service mark, patent, utility innovation, industrial
design, trade secrets which are exclusively prepared by the Trainee for TM
during the Programme Period shall at all-time belong to TM and the Trainee shall
not use such materials in any way except in accordance with the rights given to it
under this T&C.

10.2 All intellectual property rights in the Information and the Inventions shall not
belong to the Trainee and shall vest in and be the absolute property of TM. Upon
the request of TM, the Trainee shall (at the expense of TM) as soon as possible
give full details of any such invention, design or work and execute all documents
and do all acts and things required to rest or perfect the vesting of all intellectual
property rights in the Inventions and the Information legally and exclusively in TM
or any nominee or assignee of TM;

10.3 The Trainee irrevocably appoints TM to be his attorney in his name and on his
behalf to sign execute any instrument or do such thing generally for such
purpose including agreeing to the use of the Trainee’s name for the purpose of
giving to TM (or any nominee of TM) the full benefit of the provisions of this
clause and in favour of any third party a certificate in writing signed by (director
or secretary of TM) that any instrument or act that falls within the authority
conferred by this clause shall be conclusive evidence of such fact;

10.4 The Trainee also acknowledges and agrees that he has not and will not infringe
any third party’s intellectual property rights during the course of the Programme
Period with TM. The Trainee shall indemnify and hold TM harmless against all
claims, damages, costs and expenses arising from any such infringement. The
Trainee will further inform TM in writing in the event of any third party’s intellectual
property rights is required and/or used for purpose of carrying out any works
assigned by TM;

10.5 All documents, forms, papers, or other records (in whatever form) concerning the
work carried out by the Trainee pursuant to his/her duties and/or the Information
(whether originally delivered to the Trainee by any company in TM or originated
by the Trainee) are acknowledged by the Trainee to be the sole property of TM
and the Trainee undertakes forthwith to deliver up all or any of the same to TM
on demand;

10.6 Save with the prior written consent of TM, the Trainee shall not, whether directly
or indirectly, during or after the duration of the Programme, in his personal
capacity or otherwise, write or publish (or cause to be written or published) any
written work which is based (wholly or partly) or in any form make any public
statement, comment on any matter relating to the intellectual property and the
Information and Inventions pertaining to TM and its group of companies.

10.7 In the event that the Trainee ceases to be a Trainee of TM, the Trainee
acknowledges and accepts that he/she may be required to provide necessary
assistance in protecting TM’s interest and shall render all reasonable assistance
required thereto;

10.8 The Trainee acknowledges and agrees that TM would be irreparably damage by
a breach of this T&C and that, in such event, TM shall be entitled to, in addition
to any and all other remedies, injunctive relief and specific performance.

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10.9 No failure or delay by TM in exercising any right, power or privilege under this
T&C shall operate as a waiver thereof or preclude any other further exercise
thereof or the exercise of any other right, power or privilege under this T&C.

10.10 Rights and obligations under this clause shall continue in force after the expiry of
the Programme Period or termination of the Programme whether by virtue of the
Trainee’s retirement or the Trainee ceasing to be in the Programme for whatever
reason in respect of Information and Inventions made during the Programme
Period and shall be binding upon the Trainee and on his/her legal representatives
and estates and assigns respectively;

10.11 For purpose of this clause the word “Information” and “Inventions” shall include
the following:

“Information” shall include all communications and all information whether

written, visual or oral and all other materials (i) supplied to the Trainee by TM or
its subsidiaries (hereafter collectively referred to as the ‘Group’) during the
Programme Period , (ii) relating to any invention, improvement, report,
recommendation or advice given to TM by the Trainee in pursuance of the
Programme, and (iii) concerning the business, associations, transactions or
financial arrangements of the Group with any other persons or bodies, including
other technical or commercial cooperation agreements.
“Inventions” shall include all patentable and non-patentable inventions,
discoveries and improvements, processes and know-how, copyright works
(including without limitation computer programs), new designs the like discovered
or created by the Trainee in the course of or for the Programme Period or
discovered or created by the Trainee as a result whether directly or indirectly of
anything done by the Trainee in pursuance of his/her duties hereunder and/or (as
the case may be) based whether directly or indirectly on any item of the
Information”.

11. LIMITATION OF LIABILITY

11.1 Under no circumstances, including negligence, will TM or its employees, agents,

servants, contractors or other for whom TM is responsible in law be liable for any
indirect, incidental, special, exemplary, or consequential damages (including but
not limited to business interruption, lost business, or lost savings) arising from
this Programme.

12. TERMINATION

12.1 Notwithstanding clause 12.2, TM shall have the right to terminate the Trainee
from this Programme immediately without notice if:

a) the Trainee neglects, refuses, fails or for any reason (including ill health
or injury caused by his own default) becomes unable to perform any of
his duties under this T&C or to comply with any order or direction of TM;
or

b) the Trainee is guilty of any misconduct whether or not in the performance

of his duties or commits any act which in the opinion of TM is likely to
bring TM or any of the TM's officers or employees into disrepute whether
or not such act is directly related to the affairs of TM; or

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c) TM commits any material breach of any of his duties and obligations

under this T&C; or

d) The Trainee is charged with any serious criminal offence.

12.2 Either TM or the Trainee may at any time terminate this T&C by giving to the
other seven (7) days’ notice in writing.

12.3 Trainee is required to submit a proper Resignation Letter together with New
Employment Letter. All documents must be submitted to tmprotege@tm.com.my.

12.4 TM shall not be liable to the Trainee or any person whomsoever by virtue of early
termination of the Programme including but not limited to any claim for loss of
profits and/or revenue or prospective profits.

12.5 Upon termination of the Programme, TM shall cease to have the right to the
Trainee and TM shall not be responsible to the Trainee if the Programme fail to
be implemented in accordance with Clause 1.1.

12.6 Notwithstanding the above clauses, TM shall have the right to terminate this T&C
if the Programme is discontinued for any reasons, whatsoever.

12.7 Trainee is compulsory to attend the Soft-Skill training for one (1) month. For those
who are unable to attend the Soft-Skill training and wish to withdraw during the
first 14 days (1st - 14th), the allowance will be forfeited.

13. MISCELLANEOUS

13.1 In the event of any dispute arising out of the interpretation of this T&C, English
language shall prevail over any translation of it that may have been or may be
made into any other language.

13.2 TM reserves the right to review and amend this T&C as and when needed
without giving any notice and/or reason to the Trainee.

13.3 The headings in this T&C are for convenience only and shall not be taken into
consideration in the interpretation or construction of this T&C.

13.4 Words importing the singular include the plural and vice versa where the context
requires. Words importing a gender shall include any gender.

13.5 Words importing persons shall include firms and corporations.

13.6 A reference to any statute or statutory provision includes a reference to that statute
or statutory provision as from time to time amended, extended or re-enacted and
shall include all by-laws, instruments, orders, rules and regulations made
thereunder.

13.7 Time whenever mentioned shall be of the essence in this T&C.

13.8 This T&C shall constitute the entire agreement between the Trainee and TM with
respect to the subject matter and supersedes any previous agreement, negotiation
and commitment with respect to such subject matter.

13.9 This T&C shall be governed by and construed in accordance with the laws of
Malaysia.

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