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Job Offer Agreement Template for Malaysia

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Job Offer Agreement

"I need a Job Offer Agreement for a senior software engineer position in our Kuala Lumpur office, starting March 1, 2025, with remote work options and additional clauses for intellectual property protection and stock options."

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What is a Job Offer Agreement?

The Job Offer Agreement is a crucial document used in Malaysian employment relationships to formalize the hiring process and establish clear terms of employment. It is typically issued after successful recruitment negotiations and before the commencement of employment. This agreement must comply with Malaysian employment laws, particularly the Employment Act 1955, Minimum Wages Order, and other relevant legislation. It encompasses all essential aspects of the employment relationship, including compensation, benefits, working conditions, and obligations of both parties. The document serves multiple purposes: it provides legal protection for both employer and employee, ensures clarity in employment terms, helps prevent future disputes, and demonstrates compliance with local labor laws. It should be customized based on the specific role, industry requirements, and company policies while maintaining consistency with Malaysian legal requirements.

What sections should be included in a Job Offer Agreement?

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

2. Background: Brief context about the offer of employment and the intended role

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Job title, role description, reporting relationships, and key responsibilities

5. Commencement and Duration: Start date, probation period if applicable, and employment term (permanent/fixed-term)

6. Compensation and Benefits: Basic salary, allowances, bonus structure, and statutory benefits

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

8. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements

9. Termination: Notice periods and grounds for termination as per Malaysian law

10. Confidentiality: Obligations regarding company confidential information

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

12. Execution: Signature blocks for both parties

What sections are optional to include in a Job Offer Agreement?

1. Non-Competition: Restrictions on working with competitors, used for senior positions or roles with access to sensitive information

2. Intellectual Property: IP rights and assignments, relevant for technical or creative roles

3. Remote Work Provisions: Specific terms for remote or hybrid working arrangements

4. Commission Structure: Detailed commission terms for sales or commission-based roles

5. Performance Metrics: Key performance indicators and evaluation criteria for performance-based roles

6. International Travel: Terms related to international travel requirements and compensation

7. Stock Options: Details of any share or stock option schemes, typically for senior positions

8. Training Commitments: Mandatory training requirements and bond periods if applicable

What schedules should be included in a Job Offer Agreement?

1. Schedule 1 - Job Description: Detailed description of roles, responsibilities, and key performance indicators

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

3. Schedule 3 - Company Policies: Reference to key company policies that form part of the employment terms

4. Schedule 4 - Statutory Benefits: Details of EPF, SOCSO, EIS, and other statutory contributions

5. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

6. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and requirements

Authors

Alex Denne

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

Relevant legal definitions




















Clauses




























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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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