This New Employment Contract For Existing Employees is designed for use in situations where Malaysian companies need to update or standardize employment terms for their current workforce. It's particularly relevant during company restructuring, policy updates, or when transitioning from informal to formal employment arrangements. The document complies with Malaysian employment law, including the Employment Act 1955, Industrial Relations Act 1967, and other relevant legislation. It carefully balances the need to modernize employment terms while preserving employees' accrued rights and benefits. This template includes provisions for current Malaysian employment practices, such as flexible working arrangements and digital workplace policies, while maintaining core employment protections required by Malaysian law.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Context of the new contract, including reference to existing employment relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Job title, employment status, and effective date of the new contract
5. Duties and Responsibilities: Main responsibilities, reporting relationships, and work expectations
6. Place of Work: Primary workplace location and any flexibility arrangements
7. Hours of Work: Standard working hours, overtime arrangements, and rest periods
8. Remuneration: Salary, payment schedule, and other monetary benefits
9. Leave Entitlements: Annual, sick, maternity/paternity, and other types of leave
10. Benefits: Insurance, medical benefits, and other employee perks
11. Termination: Notice periods and grounds for termination
12. Confidentiality: Protection of company confidential information
13. Governing Law: Malaysian law as governing law and jurisdiction
14. Entire Agreement: Clause stating this contract supersedes previous agreements while preserving accrued rights
1. Non-Competition: Restrictions on working for competitors, used for senior positions or roles with access to sensitive information
2. Intellectual Property: IP rights assignment, needed for creative or technical roles
3. Remote Work: Detailed remote working arrangements, if applicable
4. Commission Structure: For sales or commission-based roles
5. International Travel: For roles requiring frequent international travel
6. Share Options: For senior executives or companies with employee share schemes
7. Performance Bonus: Detailed bonus structures for performance-based compensation
8. Training Obligations: Required training and professional development commitments
1. Schedule 1 - Job Description: Detailed description of role and responsibilities
2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Key company policies incorporated by reference
4. Schedule 4 - Performance Metrics: KPIs and performance evaluation criteria
5. Appendix A - Preserved Benefits: List of benefits carried over from previous employment terms
6. Appendix B - Required Certifications: Professional certifications required for the role
Relevant legal definitions
Appointment Date
Basic Salary
Benefits
Company
Company Policies
Confidential Information
Contract
Effective Date
Employee
Employment
Intellectual Property Rights
Original Employment Date
Previous Contract
Preserved Benefits
Place of Work
Prior Employment Terms
Probation Period
Public Holiday
Remuneration
Reporting Manager
Required Certifications
Standard Working Hours
Termination Date
Territory
Trade Secrets
Working Day
Workplace
Work Product
Year of Service
Group Companies
Immediate Family
Misconduct
Notice Period
Performance Metrics
Restrictive Covenants
Sick Leave
Subsidiaries
Total Compensation
Basic Salary
Benefits
Company
Company Policies
Confidential Information
Contract
Effective Date
Employee
Employment
Intellectual Property Rights
Original Employment Date
Previous Contract
Preserved Benefits
Place of Work
Prior Employment Terms
Probation Period
Public Holiday
Remuneration
Reporting Manager
Required Certifications
Standard Working Hours
Termination Date
Territory
Trade Secrets
Working Day
Workplace
Work Product
Year of Service
Group Companies
Immediate Family
Misconduct
Notice Period
Performance Metrics
Restrictive Covenants
Sick Leave
Subsidiaries
Total Compensation
Clauses
Appointment
Term of Employment
Duties and Responsibilities
Working Hours
Place of Work
Remuneration
Benefits
Leave Entitlements
Medical Benefits
Insurance
Probation
Performance Review
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Data Protection
Health and Safety
Training and Development
Expense Reimbursement
Termination
Notice Period
Garden Leave
Summary Dismissal
Retirement
Grievance Procedures
Disciplinary Procedures
Company Property
Amendments
Governing Law
Dispute Resolution
Entire Agreement
Severability
Transition Provisions
Preservation of Rights
Force Majeure
Assignment
Notices
Interpretation
Term of Employment
Duties and Responsibilities
Working Hours
Place of Work
Remuneration
Benefits
Leave Entitlements
Medical Benefits
Insurance
Probation
Performance Review
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Data Protection
Health and Safety
Training and Development
Expense Reimbursement
Termination
Notice Period
Garden Leave
Summary Dismissal
Retirement
Grievance Procedures
Disciplinary Procedures
Company Property
Amendments
Governing Law
Dispute Resolution
Entire Agreement
Severability
Transition Provisions
Preservation of Rights
Force Majeure
Assignment
Notices
Interpretation
Relevant Industries
Relevant Teams
Relevant Roles
Chief Executive Officer
Department Manager
Senior Executive
Office Administrator
Sales Representative
Technical Specialist
Customer Service Representative
Operations Manager
Financial Analyst
Marketing Executive
Software Developer
Human Resources Officer
Project Manager
Research Analyst
Business Development Manager
Department Manager
Senior Executive
Office Administrator
Sales Representative
Technical Specialist
Customer Service Representative
Operations Manager
Financial Analyst
Marketing Executive
Software Developer
Human Resources Officer
Project Manager
Research Analyst
Business Development Manager
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