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Employee Undertaking Agreement

Employee Undertaking Agreement Template for Malaysia

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Key Requirements PROMPT example:

Employee Undertaking Agreement

"I need an Employee Undertaking Agreement for a senior software engineer in Malaysia who will have access to our proprietary technology and client data, with strong IP protection and confidentiality provisions, starting March 2025."

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Document background
The Employee Undertaking Agreement serves as a crucial legal instrument in Malaysian employment relationships, typically executed at the commencement of employment or during significant role changes. This document is essential for protecting an organization's confidential information, intellectual property, and business interests while ensuring compliance with Malaysian employment laws, including the Employment Act 1955 and related legislation. It is particularly important in situations where employees have access to sensitive information, valuable intellectual property, or key client relationships. The agreement should be tailored to specific roles while maintaining enforceability under Malaysian law, considering both statutory requirements and common law principles.
Suggested Sections

1. Parties: Identifies the employer and employee with their full legal names and addresses

2. Background: Sets out the context of employment and purpose of the undertaking

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', and 'Company Property'

4. Duration and Term: Specifies when the undertaking comes into effect and its duration

5. Confidentiality Obligations: Details the employee's obligations regarding confidential information, including during and after employment

6. Intellectual Property Rights: Covers ownership and assignment of IP created during employment

7. Company Property: Addresses handling and return of company property and documents

8. Non-Solicitation: Prevents solicitation of company employees, clients, or customers

9. Acknowledgments: Employee's confirmation of understanding and agreement to terms

10. General Provisions: Standard clauses including governing law, severability, and entire agreement

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Non-Competition: Restrictions on working for competitors - only include if reasonable and necessary for business protection

2. Data Protection: Specific obligations regarding personal data handling - include if employee will handle sensitive data

3. Social Media Policy: Guidelines for social media use - include for customer-facing or senior roles

4. Moral Rights Waiver: Waiver of moral rights in creative works - include for creative/technical roles

5. Training Obligations: Commitment to complete specific training - include if specialized training is required

6. Post-Employment Cooperation: Obligation to assist with transitions/investigations after leaving - include for senior roles

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list of types of confidential information specific to the role

2. Schedule 2 - Intellectual Property: List of existing IP employee brings to role and/or specific IP obligations

3. Schedule 3 - Company Property: Inventory of company property provided to employee

4. Appendix A - Acknowledgment Form: Separate signature page for specific acknowledgments

5. Appendix B - Compliance Policies: Reference to relevant company policies the employee must comply with

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Research and Development

Education

Telecommunications

Pharmaceuticals

Energy

Retail

Media and Entertainment

Consulting

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Sales

Marketing

Finance

Operations

Engineering

Product Development

Customer Service

Business Development

Executive Leadership

Administration

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Engineer

Research Scientist

Product Manager

Sales Director

Human Resources Manager

Financial Analyst

Marketing Manager

Business Development Manager

Project Manager

Data Scientist

Legal Counsel

Operations Manager

Design Engineer

Account Manager

Technical Lead

Department Head

Executive Assistant

Consultant

Industries
Employment Act 1955: The principal legislation governing employment relationships in Malaysia, covering working hours, leave entitlements, termination benefits, and other basic terms of employment.
Contracts Act 1950: Provides the legal framework for formation and enforcement of contracts, ensuring the undertaking agreement meets basic requirements for a valid contract.
Industrial Relations Act 1967: Regulates relationships between employers and employees, including dispute resolution mechanisms and protection against unfair labor practices.
Personal Data Protection Act 2010: Regulates the collection, use, and disclosure of personal data, relevant for handling employee information and confidentiality provisions.
Copyright Act 1987: Protects original works created during employment and determines ownership rights between employer and employee.
Patents Act 1983: Relevant for provisions regarding inventions and innovations created during employment.
Trade Secrets Act (Common Law): Although not a specific statute, common law principles protecting confidential information and trade secrets are essential for non-disclosure provisions.
Competition Act 2010: May affect the scope and enforceability of non-compete clauses in the undertaking agreement.
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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