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Employee Incentive Agreement
"I need an Employee Incentive Agreement for our tech startup in Kuala Lumpur, focusing on sales commission structure with quarterly payouts starting January 2025, including clawback provisions for deals that fall through within 3 months."
1. Parties: Identifies the employer company and the employee who is party to the incentive agreement
2. Background: Sets out the context of the agreement and the company's intention to provide incentives to the employee
3. Definitions: Defines key terms used throughout the agreement, including types of incentives, performance metrics, and calculation periods
4. Eligibility Criteria: Specifies the conditions that must be met to qualify for the incentive program
5. Incentive Structure: Details the types of incentives offered and their basic framework
6. Performance Metrics: Defines the key performance indicators or targets that will be used to measure achievement
7. Calculation Method: Explains how incentives will be calculated based on performance achievements
8. Payment Terms: Specifies when and how incentive payments will be made
9. Conditions and Limitations: Sets out any conditions or caps on incentive payments
10. Term and Termination: Specifies the duration of the agreement and circumstances for termination
11. Confidentiality: Requires the employee to maintain confidentiality about the incentive arrangement
12. Governing Law: Specifies that Malaysian law governs the agreement
1. Clawback Provisions: Optional section for situations where the company wants the right to recoup incentive payments under certain circumstances
2. Non-Competition: Optional restrictions on working with competitors, particularly relevant for sales-based incentives
3. Share-Based Incentives: Required only if the incentive package includes stock options or share-based compensation
4. Tax Treatment: Detailed section on tax implications, necessary for complex incentive structures
5. International Assignments: Required only if the employee may work across multiple jurisdictions
6. Change of Control: Provisions for what happens to incentives in case of company ownership changes
7. Dispute Resolution: Detailed dispute resolution procedures beyond standard governing law provisions
1. Schedule 1 - Performance Targets: Detailed breakdown of specific performance targets and metrics
2. Schedule 2 - Calculation Examples: Examples showing how incentives will be calculated in various scenarios
3. Schedule 3 - Payment Schedule: Detailed timeline of when different incentives are assessed and paid
4. Schedule 4 - Incentive Plan Rules: Comprehensive rules governing the incentive program
5. Appendix A - Performance Assessment Form: Template for documenting performance against targets
6. Appendix B - Claim Form: Standard form for claiming incentive payments
Authors
Financial Services
Technology
Manufacturing
Retail
Professional Services
Healthcare
Education
Telecommunications
Real Estate
Construction
Energy
Consumer Goods
Hospitality
Logistics
Media and Entertainment
Human Resources
Legal
Sales
Business Development
Marketing
Operations
Finance
Product Development
Customer Service
Management
Administration
Chief Executive Officer
Human Resources Director
Sales Manager
Account Executive
Business Development Manager
Regional Sales Director
Marketing Manager
Department Head
Senior Executive
Project Manager
Product Manager
Operations Manager
Financial Controller
Business Unit Head
Chief Operating Officer
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