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Outsourced Employee Contract
"I need an Outsourced Employee Contract for a senior software developer who will be placed at our banking client in Kuala Lumpur, with special emphasis on data protection and intellectual property rights, starting March 1, 2025."
1. Parties: Identifies the three main parties: the outsourcing company (employer), the client company, and the employee
2. Background: Explains the context of the outsourcing arrangement and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Term of Employment: Specifies the duration of employment, including start date and whether fixed-term or permanent
5. Job Description and Duties: Details the employee's role, responsibilities, and reporting structure
6. Place of Work: Specifies the primary workplace location and any flexibility arrangements
7. Working Hours: Details standard working hours, overtime provisions, and rest periods in compliance with Malaysian law
8. Remuneration and Benefits: Specifies salary, allowances, statutory contributions, and other benefits
9. Leave Entitlements: Details various types of leave including annual, medical, and other statutory leave
10. Reporting Structure: Clarifies dual reporting relationships between client company and outsourcing company
11. Confidentiality: Protects confidential information of both the outsourcing and client companies
12. Intellectual Property: Addresses ownership of work product and intellectual property created during employment
13. Performance Management: Outlines performance review process and consequences of poor performance
14. Termination: Details grounds and procedures for contract termination
15. Post-Termination Obligations: Specifies obligations that survive after employment ends
1. Mobility Clause: Include when the role may require travel or relocation between client sites
2. Training Requirements: Include when specific training or certifications are required for the role
3. Commission Structure: Include for sales or performance-based roles with variable compensation
4. Non-Competition: Include when protecting against competition is crucial, noting enforceability limits in Malaysia
5. Remote Working Provisions: Include when remote work arrangements are permitted
6. Secondment Terms: Include when employee may be seconded to different client locations
7. Language Requirements: Include when proficiency in specific languages is essential for the role
1. Schedule 1 - Detailed Job Description: Comprehensive description of role, responsibilities, and performance expectations
2. Schedule 2 - Compensation and Benefits Structure: Detailed breakdown of salary components, benefits, and payment terms
3. Schedule 3 - Client Company Policies: Relevant policies and procedures of the client company that apply to the employee
4. Schedule 4 - Outsourcing Company Policies: Internal policies and procedures of the outsourcing company
5. Schedule 5 - Performance Metrics: Specific KPIs and performance measurement criteria
6. Appendix A - Statutory Benefits Summary: Summary of all statutory benefits under Malaysian law
7. Appendix B - Confidentiality Agreement: Detailed confidentiality provisions and requirements
8. Appendix C - Employee Code of Conduct: Combined code of conduct incorporating both companies' requirements
Authors
Applicable Laws
Basic Salary
Client Company
Commencement Date
Confidential Information
Contract Period
Employee
Employment
Intellectual Property Rights
Normal Working Hours
Notice Period
Outsourcing Company
Personal Data
Place of Work
Probation Period
Public Holiday
Reporting Manager
Services
Termination Date
Working Day
Workplace Policies
Assignment Location
Benefits
Company Property
Duties
Employee Handbook
Grievance Procedure
Identity Card
Leave Entitlement
Performance Standards
Project
Remuneration
Statutory Contributions
Work Product
Probation
Duties and Responsibilities
Place of Work
Working Hours
Remuneration
Benefits
Leave Entitlements
Statutory Contributions
Reporting Structure
Performance Management
Training
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Health and Safety
Code of Conduct
Disciplinary Procedures
Grievance Procedures
Termination
Notice Period
Garden Leave
Post-Termination Obligations
Assignment
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Notices
Third Party Rights
Interpretation
Information Technology
Business Process Outsourcing
Manufacturing
Financial Services
Healthcare
Telecommunications
Professional Services
Customer Service
Human Resources
Facilities Management
Logistics and Supply Chain
Research and Development
Human Resources
Legal
Procurement
Operations
Finance
Compliance
Talent Acquisition
Employee Relations
Contract Management
Risk Management
Software Developer
Customer Service Representative
Business Analyst
Project Manager
Data Entry Specialist
IT Support Engineer
Human Resources Administrator
Financial Analyst
Research Assistant
Operations Manager
Quality Assurance Specialist
Technical Support Representative
Administrative Assistant
Facility Manager
Supply Chain Coordinator
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