Professional Documents
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(Employer)
(Employee)
EMPLOYMENT CONTRACT
Employment Contract [LIM CHUNG & ZAHBIA]
EMPLOYMENT CONTRACT
WHEREAS the parties agreed that the first three (3) months of the employment shall be probationary
whereby the benefits of employment enlisted shall be enjoyed only after confirmation either before or at
the end of the probationary period and WHEREAS IT IS AGREED THAT the Employer has the right
for whatsoever reason to terminate your employment on seven (7) days’ notice or salary in lieu of notice
at any time during or at the end of the probationary period. During the probationary period, the Employee
shall only have the right to terminate your employment by serving seven (7) days’ notice after completing
or by paying seven (7) days’ salary in lieu of notice.
IT IS HEREBY AGREED
1. POSITION
1.2 The Agreement will come into effect on the _________________________to this Agreement and
will remain in force until renegotiated or terminated pursuant to any provisions of this
Agreement.
2. DUTIES
(a) those duties which are necessary to ensure the successful operation of the Employer’s
business; and
(b) such other duties as are reasonably assigned from time to time by the Employer
(“the Duties”).
General Responsibilities
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Employment Contract [LIM CHUNG & ZAHBIA]
2.2 At all times during the Employee’s employment and in performing the Duties, the Employee will:
Hours of Work
2.3 The Employee’s hours of work shall be 8 hours a day from 8.00a.m. to 5.00pm excluding lunch
break from 12.30pm to 2.00pm, or are at such other times as may reasonably be required by the
Employer or as is necessary for the Employee to satisfactorily perform the Duties.
Performance Reviews
2.4 The Employer may review the Employee’s performance from time to time, although reviews are
usually carried out on an annual basis. Any increase in the Employee’s level of remuneration is
not automatic and will be at the absolute discretion of the Employer.
3. PLACE OF WORK
3.1 The Employee will work primarily at the place of work identified as TB15576, Lot 31, 2nd Floor,
Block A, Kubota Square, Jalan Kubota, 91000 Tawau, Sabah.
4. REMUNERATION
Payment
4.1 The Employer will pay the Employee the remuneration/wages shall be fixed at RM___________.
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Employment Contract [LIM CHUNG & ZAHBIA]
5. ANNUAL LEAVE
Annual Leave
5.2) Any annual leave entitlement not taken within the stipulated period shall be forfeited
unless approved by the Company to be carried forward. The Company reserves the right
to approve your annual leave. You are not allowed to utilize any balances of the annual
leave to off-set the days of notice of resignation.
5.3) You shall not absent yourself from duty for the purpose of annual leave without the prior
approval of the Company. All annual leave application must be submitted for approval
not less than 2 weeks in advance if application for leave is more than one (1) day.
6. SICK LEAVE
You shall be entitled to sick leave by production of medical certificate from Registered Medical
Practitioner duly appointed by Company or Tawau General Hospital. Your sick leave entitlement
in each calendar year is as follows: -
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Employment Contract [LIM CHUNG & ZAHBIA]
7. PUBLIC HOLIDAYS
7.1 The Employee shall be entitled to public holidays in accordance with the labour laws of Sabah.
7.2 The Employee may occasionally be required to work on a public holiday and if so, payment by
the Employer for the Employee’s work on a public holiday will be paid at the rate of one and a
half times the Employee’s relevant daily pay for the time actually worked. The Employee agrees
not to work on a public holiday except if expressly approved by the Employer prior to that day.
8.1 The Employee shall not remove from the workplace any property belonging to the Employer,
without the Employer’s prior consent.
8.2 The Employee will minimize the use of the Employer’s telephone, copying machines and other
facilities for private purpose, except with the prior consent of the Employer. All unauthorized
costs associated with the use by the Employee of such facilities will be reimbursed by the
Employee to the Employer.
8.3 The Employee will not use the Employer’s stationery or other documents for any purpose other
than the business of the Employer.
9. OTHER ACTIVITIES
9.1 The Employee will be expected to devote the Employee’s full time energies to this position. For
this reason, together with the need to protect the Employer’s commercial interests, the Employee
will not be permitted to engaged in any other business activities without the Employer’s prior
written consent.
9.2 The Employee will not be permitted during the Employee’s employment with the Employer to be
directly or indirectly interested, engaged or concerned in or to assist financially any business
which competes or which might reasonably be expected to compete with the Employer, except
with the prior written consent of the Employer.
9.3 The Employee agrees that the Employee will disclose any other business interests the Employee
has prior to, or has during, the Employee’s employment with the Employer.
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Employment Contract [LIM CHUNG & ZAHBIA]
Confidentiality
10.1 “Confidentiality Information” means any information:
(a) relating to the business affairs, clients or trade secrets of the Employer; or
(b) disclosed by the Employer to the Employee on a confidential basis; or
(c) which might reasonably be expected to be confidential in nature;
and includes but is not limited to: all intellectual property of the Employer, the Employer’s
marketing plans, client lists, prospective client lists, clients, prospective clients, client
requirements, supplier lists, suppliers, computer software, costings, price lists and pricing
policies, details of organizational structure, financial details, staffing and employee details.
10.2 The Employee acknowledges that the Employee has obligations of confidentiality to the
Employer. The Employee also acknowledges that all Confidential Information constitutes
valuable, special and unique trade secret assets of the Employer.
10.3 The Employee will not at any time, whether during or after the termination of this employment,
directly or indirectly disclose or permit any Confidential Information to be disclosed to any
person or use or permit the use of any Confidential Information except:
Intellectual Property
10.4 The Employer will be the absolute owner of any intellectual property (including copyright)
developed by the Employee in the performance of the Duties.
10.5 The Employee will do all things reasonably required by the Employer to perfect and protect the
Employer’s title to and use of this intellectual property.
13.1 Both parties are required to give notice to the other party of his intention to terminate the contract
according to the Sabah Labour Ordinance. The length of such notice shall be as follows:-
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Employment Contract [LIM CHUNG & ZAHBIA]
Either party may terminate if notice has already been given in accordance to 13.2 above, or by
payment in lieu of notice of a sum equal to the amount of wages which would have accured
during the term of such notice or during the unexpired term of such notice.
13.2 At the Employer’s discretion, the Employer may elect to pay the Employee in lieu of working all
or part of the notice period. Alternatively, the Employer will be entitled to terminate the
employment earlier than the notified resignation date by paying not less than the specified period
of notice.
13.3 The Employer may terminate this Agreement by giving notice in writing to the Employee of not
less than the period specified in Schedule 1 to this Agreement or, at the Employer’s discretion,
payment in lieu of working all or part of the notice period.
13.4 In the event that the Employer does not exercise its discretion to pay the Employee in lieu of all
or part of the period of notice, the Employer may, at its sole discretion, require the Employee to
work all or part of that notice period on limited or restricted duties, from the Employee’s home or
with restricted rights of access to the Employer’s information, clients, employees, facilities and
premises.
13.5 In addition to any other right of termination or remedy conferred on the parties under this
Agreement or by law, this Agreement may be terminated at any time and with immediate effect
without notice for any act or acts of serious misconduct.
Abandonment
13.6 The Employee will be deemed to have terminated the Employee’s employment without notice if
the Employee is absent from work for more than two working days without authorization from
the Employer.
General
13.7 Upon termination of this Agreement for whatever reason, the Employee will immediately return
to the Employer all of the Employer’s property and records (of whatever type) including, but not
limited to, any documents or other thing containing or relating in any way to Confidential
Information which are in the Employee’s possession or under the Employee’s control.
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Employment Contract [LIM CHUNG & ZAHBIA]
14 REDUNDANCY
14.2 “Redundancy” means a situation where the Employee’s employment is terminated by the
Employer, the termination being attributable, wholly or mainly to the fact that the Employee’s
position is, or will become, superfluous to the Employer’s needs. If the Employee becomes
redundant, the Employee will receive the additional notice as set out in Schedule 1 to this
Agreement. No redundancy compensation will be paid if the Employee is made redundant.
15.2 The Employee will comply with all of the Employer’s health and safety policies and procedures
(as specified by the Employer to the Employee from time to time).
15.3 The Employee will notify the Employer promptly after the occurrence of an accident, damage to
equipment or of any actual or potential hazard and will assist the Employer to comply with its
health and safety obligations.
15.4 The Employee must take all practicable steps to ensure the Employee’s own safety while at work,
and not do anything to cause harm to any other person.
16 EPF
16.2 The Employer is required to make compulsory contributions to the Employee’s EPF. The
Employer will pay the statutory employer contribution to the EPF accounts of the Employee and
this will not be treated as part of the Employee’s total remuneration.
17 GENERAL
Entire Arrangement
17.2 This Agreement, together with the Rules and Regulations (if any) constitutes the entire
arrangement between the parties relating to the Employee’s employment by the Employer, and
supersedes all previous arrangements, negotiations, representations and understandings whether
written oral or both, or arising as a result of custom and practice relating to the Employee’s
employment.
Amendment
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Employment Contract [LIM CHUNG & ZAHBIA]
17.3 No amendment to this Agreement will be valid unless in writing and signed by both parties.
Non Waiver
17.5 No waiver of any breach or failure to enforce any provision of this Agreement at any time by
either party will in any way limit or waive the right of that party to subsequently require strict
compliance with this Agreement.
Warranty
17.6 The Employee warrants that the Employee has no criminal convictions and/or is not facing any
criminal charges.
Acknowledgements
17.7 The Employee acknowledges that:
(a) all representations, whether verbal or in writing, made by the Employee as to the
Employee’s health, qualifications and experience in applying for the position are true and
complete and that the Employee has not deliberately failed to disclose any matter
(including any criminal conviction, criminal charges and/or actions which may result in
criminal charges being laid) which may have materially influenced the Employer’s
decision to employ the Employee;
(b) the Employee has had a full and proper opportunity to seek independent advice;
(c) the terms of this Agreement are fair and reasonable having regard to, among other things,
the remuneration paid under this Agreement, the leave entitlements and the circumstances
in which the employment may be terminated; and
(d) the Employee has freely and without coercion entered into this Agreement.
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Employment Contract [LIM CHUNG & ZAHBIA]
EXECUTION
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Signed by Date:
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Signed by LIM CHUNG & ZAHBIA Date:
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