Salesperson Employment Contract Template for Malaysia

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Key Requirements PROMPT example:

Salesperson Employment Contract

"I need a Salesperson Employment Contract for a senior pharmaceutical sales representative position, including performance-based commission structure, assigned territory in East Malaysia, and strict confidentiality clauses for handling sensitive medical information."

Document background
The Salesperson Employment Contract is essential for establishing clear terms of employment for sales professionals in Malaysia. This document is used when hiring new sales staff or updating existing employment terms, providing a legally compliant framework under Malaysian law that addresses both standard employment provisions and sales-specific requirements. The contract includes detailed sections on compensation structure (including base salary and commission calculations), performance expectations, territory assignments, and customer relationship management responsibilities. It incorporates provisions required by the Employment Act 1955 and other relevant Malaysian legislation while protecting the employer's interests through confidentiality and non-competition clauses. This contract type is particularly important for businesses that rely on sales teams to generate revenue and need to clearly define commission structures, sales targets, and territory rights.
Suggested Sections

1. Parties: Identification of the employer company and the salesperson employee

2. Background: Context of the employment relationship and brief description of the sales role

3. Definitions: Key terms used throughout the contract including 'Sales Territory', 'Commission', 'Targets', etc.

4. Appointment and Duration: Terms of employment, position title, and employment period (fixed-term or permanent)

5. Duties and Responsibilities: Specific responsibilities of the salesperson, reporting structure, and performance expectations

6. Compensation Structure: Base salary, commission structure, and other financial benefits

7. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location

8. Leave Entitlements: Annual, medical, and other types of leave as per Malaysian law

9. Confidentiality: Protection of company's confidential information and trade secrets

10. Non-Competition and Non-Solicitation: Restrictions on competing activities during and after employment

11. Termination: Conditions and procedures for ending the employment relationship

12. Governing Law: Specification of Malaysian law as the governing law

Optional Sections

1. Probationary Period: Details of initial probation period - used for new hires without significant sales experience

2. International Travel: Terms for international business travel - included if role requires overseas travel

3. Vehicle Allowance: Terms of company vehicle or vehicle allowance - used when travel is required for sales activities

4. Product Training: Specific training requirements and commitments - included for technical or complex product sales

5. Team Leadership: Additional responsibilities for managing other sales staff - used for senior sales positions

6. Intellectual Property: IP rights for sales materials or innovations - relevant for roles involving product development or marketing

7. Remote Work Provisions: Terms for remote working arrangements - included if role allows work-from-home options

Suggested Schedules

1. Schedule A - Compensation Details: Detailed breakdown of salary, commission rates, bonus structures, and calculation methods

2. Schedule B - Sales Territory: Specific geographical or account assignments for the salesperson

3. Schedule C - Sales Targets: Quarterly/annual sales targets and performance metrics

4. Schedule D - Benefits Package: Details of insurance, healthcare, and other benefits

5. Schedule E - Expense Policy: Guidelines for reimbursable expenses and claim procedures

6. Appendix 1 - Code of Conduct: Company's sales ethics and conduct guidelines

7. Appendix 2 - Reporting Templates: Standard forms for sales reporting and documentation

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 legal definitions
Clauses
Relevant Industries

Retail

Technology

Manufacturing

Financial Services

Telecommunications

Pharmaceutical

Real Estate

Automotive

Consumer Goods

Professional Services

Industrial Equipment

Software and IT

Healthcare

Construction Materials

Energy

Relevant Teams

Sales

Business Development

Account Management

Commercial

Revenue

Customer Success

Channel Partnerships

Direct Sales

Regional Sales

Enterprise Sales

Relevant Roles

Sales Representative

Account Executive

Business Development Manager

Sales Manager

Regional Sales Director

Key Account Manager

Inside Sales Representative

Outside Sales Representative

Sales Consultant

Territory Sales Manager

Channel Sales Manager

Senior Sales Executive

Sales Development Representative

Enterprise Sales Executive

Solutions Sales Specialist

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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