The Employee Retainer Agreement is designed for situations where organizations in Malaysia require consistent access to professional services while maintaining flexibility in the working arrangement. This document type is particularly useful when companies need to secure regular availability of skilled professionals without a traditional full-time employment structure. The agreement comprehensively covers essential elements such as service scope, payment terms, availability requirements, and professional obligations, while ensuring compliance with Malaysian employment laws and regulations. It's specifically structured to protect both employer and employee interests while providing clear guidelines for the retainer relationship.
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1. Parties: Identification of the employer and employee with complete legal names and addresses
2. Background: Context of the retainer arrangement and brief description of the employer's business and the role
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Details of the position, commencement date, and duration of the retainer arrangement
5. Services and Scope: Detailed description of the services to be provided under the retainer arrangement
6. Remuneration and Benefits: Retainer fee structure, payment terms, and any additional benefits
7. Working Hours and Availability: Expected working hours, minimum availability requirements, and response times
8. Obligations of the Employee: Key responsibilities, duties, and performance expectations
9. Obligations of the Employer: Employer's commitments, including payment and support provisions
10. Confidentiality: Provisions regarding confidential information and trade secrets
11. Termination: Conditions and procedures for terminating the retainer agreement
12. General Provisions: Standard clauses including notices, entire agreement, and governing law
1. Intellectual Property Rights: Section covering ownership and transfer of intellectual property created during the retainer period
2. Non-Competition: Restrictions on working with competitors during and after the retainer period
3. Non-Solicitation: Restrictions on soliciting clients or employees
4. International Work: Additional provisions for cross-border work arrangements
5. Equipment and Resources: Provisions regarding company-provided equipment and resources
6. Performance Reviews: Structure and frequency of performance evaluations
7. Training and Development: Provisions for professional development and required training
8. Data Protection: Specific provisions relating to personal data handling and PDPA compliance
1. Schedule 1 - Service Description: Detailed scope of services and deliverables expected under the retainer
2. Schedule 2 - Fee Structure: Detailed breakdown of retainer fees, payment schedules, and additional charges
3. Schedule 3 - Benefits Package: Comprehensive list of benefits and entitlements
4. Schedule 4 - Key Performance Indicators: Specific metrics and targets for performance evaluation
5. Schedule 5 - Company Policies: Referenced company policies that form part of the agreement
6. Appendix A - Confidential Information: Definition and examples of confidential information specific to the role
7. Appendix B - Approved Outside Activities: List of pre-approved external professional activities or commitments
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