Casual Worker Contract for Malaysia

Casual Worker Contract Template for Malaysia

This document establishes a casual employment relationship under Malaysian law, specifically complying with the Employment Act 1955 and related legislation. It outlines the terms and conditions for casual work arrangements, including the intermittent nature of work, flexible scheduling, hourly rates, and statutory entitlements. The contract ensures both employer and worker understand the non-permanent nature of the engagement while protecting both parties' rights and obligations under Malaysian employment law. It includes provisions for work assignments, payment terms, statutory benefits, and termination conditions.

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What is a Casual Worker Contract?

The Casual Worker Contract is designed for Malaysian employers who need to engage workers on an irregular or intermittent basis, providing flexibility in workforce management while ensuring compliance with Malaysian employment legislation. This contract type is particularly suitable for businesses with fluctuating labor demands, seasonal operations, or project-based work requirements. The document comprehensively addresses key aspects of casual employment including assignment offers, acceptance procedures, payment terms, and statutory entitlements under Malaysian law. It incorporates provisions from the Employment Act 1955, Minimum Wages Order, and other relevant Malaysian employment regulations to ensure proper protection of both employer and worker interests while maintaining the flexibility inherent in casual employment arrangements.

What sections should be included in a Casual Worker Contract?

1. Parties: Identification of the employer and the casual worker with complete details

2. Background: Context of the casual employment arrangement and general nature of the business

3. Definitions: Key terms used in the contract including 'casual work', 'assignment', 'basic rate' etc.

4. Nature of Engagement: Clear statement of casual employment status and no guarantee of regular or continuous work

5. Offer and Acceptance of Assignments: Process for offering work assignments and worker's right to accept or decline

6. Payment Terms: Hourly rates, payment methods, frequency, and casual loading if applicable

7. Working Hours and Flexibility: Arrangement of working hours, notification process, and flexibility provisions

8. Statutory Benefits: Details of statutory entitlements under Malaysian law for casual workers

9. Health and Safety: Workplace safety obligations and compliance requirements

10. Confidentiality: Protection of employer's confidential information

11. Termination: Conditions and process for ending the casual employment relationship

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

What sections are optional to include in a Casual Worker Contract?

1. Equipment and Tools: Section required if employer provides specific equipment or tools for work

2. Industry-Specific Requirements: Additional requirements for specific industries (e.g., food handling, construction)

3. Training Requirements: Include if specific training or certifications are required

4. Multiple Work Locations: Required if work may be performed at different locations

5. Intellectual Property: Include if worker may create IP during employment

6. Non-Competition: Optional restrictions on working for competitors, if appropriate for the role

7. Performance Standards: Include if specific performance metrics or standards apply

What schedules should be included in a Casual Worker Contract?

1. Schedule 1 - Pay Rates: Detailed breakdown of pay rates, including basic rate, casual loading, and any allowances

2. Schedule 2 - Duties and Responsibilities: List of potential duties and responsibilities the worker may be asked to perform

3. Schedule 3 - Workplace Locations: List of potential workplaces where duties may be performed

4. Appendix A - Code of Conduct: Company's code of conduct and workplace policies

5. Appendix B - Safety Procedures: Relevant workplace safety procedures and requirements

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
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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