Employment Memorandum Of Understanding Template for Malaysia

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Key Requirements PROMPT example:

Employment Memorandum Of Understanding

"I need an Employment Memorandum of Understanding for a Senior Technology Director position in our Malaysian subsidiary, starting March 2025, which should include clauses about international travel, stock options, and relocation from Singapore."

Document background
The Employment Memorandum of Understanding is commonly used in Malaysian business practice as a preliminary step in the employment process, particularly for senior positions or complex employment arrangements. This document is utilized when parties wish to establish a clear understanding of the proposed employment terms before proceeding with a formal employment contract. The MOU typically outlines key aspects such as job responsibilities, compensation structure, and basic employment terms while ensuring compliance with Malaysian employment laws. While most provisions of an Employment MOU are non-binding, certain clauses such as confidentiality may be explicitly made binding. The document serves as a useful tool for both employers and potential employees to document their preliminary agreements and expectations, reducing the potential for misunderstanding during the final contract negotiation phase.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and purpose of the MOU

3. Definitions: Key terms used throughout the document

4. Position and Duties: Proposed role, job title, and primary responsibilities

5. Term and Duration: Proposed duration of employment or confirmation of permanent status

6. Remuneration: Proposed salary range and basic compensation structure

7. Working Hours: Expected working hours and days in compliance with Employment Act 1955

8. Leave Entitlement: Basic outline of various leave types to be provided

9. Confidentiality: Basic confidentiality obligations

10. Governing Law: Specification of Malaysian law as governing law

11. Non-Binding Nature: Clear statement that the MOU is not legally binding except for specific clauses

Optional Sections

1. Probation Period: Include when the employment will involve an initial probation period

2. Mobility Clause: Include when the role may require relocation or travel

3. Benefits and Allowances: Include when additional benefits beyond basic salary will be offered

4. Training and Development: Include when specific training or development programs will be provided

5. Performance Reviews: Include when regular performance evaluation system will be implemented

6. Intellectual Property: Include when role involves creation of IP or creative work

7. Non-Competition: Include for senior positions or roles with access to sensitive information

8. Notice Period: Include when specific notice periods different from statutory minimums are proposed

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of roles, responsibilities, and reporting structure

2. Schedule 2 - Compensation Details: Breakdown of proposed salary structure, allowances, and benefits

3. Schedule 3 - Company Policies: Summary of key company policies that will apply to the employment

4. Appendix A - Required Qualifications: List of required qualifications, certifications, or licenses for the role

5. Appendix B - Performance Metrics: Outline of key performance indicators and evaluation criteria

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

Relevant Industries

Technology

Manufacturing

Financial Services

Professional Services

Healthcare

Education

Retail

Construction

Hospitality

Telecommunications

Energy

Transportation

Media and Entertainment

Agriculture

Mining and Resources

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Engineering

Product Development

Customer Service

Administration

Compliance

Risk Management

Business Development

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Technical Lead

Senior Engineer

Financial Controller

Human Resources Director

Operations Manager

Sales Director

Research Scientist

Legal Counsel

Business Development Manager

IT Manager

Regional Manager

Department Supervisor

Senior Consultant

Product Manager

Principal Architect

Industries
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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