Pre Employment Contract for Malaysia

Pre Employment Contract Template for Malaysia

A Malaysian Pre-Employment Contract is a legally binding document that establishes conditional terms of employment before the formal employment relationship begins. This document, governed by Malaysian employment law including the Employment Act 1955 and Contracts Act 1950, outlines pre-employment conditions such as background checks, medical examinations, and verification of qualifications. It protects both employer and potential employee by clearly stating conditions that must be met before permanent employment can commence, while ensuring compliance with Malaysian labor regulations and industry-specific requirements.

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What is a Pre Employment Contract?

A Pre-Employment Contract serves as a crucial legal document in the Malaysian employment landscape, establishing conditional terms before the commencement of formal employment. This document is typically used when an employer wishes to formalize conditions that must be met before a permanent employment relationship can begin, such as background checks, medical clearances, or verification of qualifications. The contract ensures compliance with Malaysian employment legislation, including the Employment Act 1955 and related regulations, while protecting both parties' interests during the pre-employment phase. It is particularly important for positions requiring security clearances, professional certifications, or roles with access to sensitive information. The document typically includes specific timelines, conditions, and consequences of non-fulfillment, providing a clear framework for the transition into permanent employment.

What sections should be included in a Pre Employment Contract?

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

2. Background: Brief context of the potential employment relationship and purpose of the pre-employment contract

3. Definitions: Key terms used throughout the agreement defined for clarity

4. Conditional Offer: Clear statement that this is a conditional offer of employment subject to satisfactory completion of specified requirements

5. Pre-Employment Conditions: List of all conditions that must be met before employment can commence (background checks, medical examinations, etc.)

6. Proposed Terms of Employment: Overview of the main employment terms that will apply if conditions are met (position, salary, benefits, etc.)

7. Timeline: Specified period for completing all pre-employment conditions and expected start date

8. Confidentiality: Obligations regarding confidential information accessed during the pre-employment period

9. Termination: Circumstances under which the pre-employment contract can be terminated

10. Governing Law: Specification that the agreement is governed by Malaysian law

11. Entire Agreement: Clause stating this document represents the complete agreement regarding pre-employment

12. Execution: Signature blocks and execution details

What sections are optional to include in a Pre Employment Contract?

1. Intellectual Property: Required for technical or creative roles where IP might be created during pre-employment tests or assignments

2. Non-Competition: Added for senior positions or roles with access to sensitive business information

3. Training Requirements: Included when specific pre-employment training or certifications are required

4. Probationary Period Terms: Details of probationary period if relevant to the position

5. Religious/Cultural Observances: Added when specific accommodations need to be documented

6. Remote Work Provisions: Included for positions that may involve remote work arrangements

7. Multiple Location Terms: Required when the role might involve work at multiple company locations

What schedules should be included in a Pre Employment Contract?

1. Schedule 1 - Job Description: Detailed description of the proposed role and responsibilities

2. Schedule 2 - Required Documentation: List of all documents required from the candidate before employment can commence

3. Schedule 3 - Medical Requirements: Specific medical examinations or health requirements for the position

4. Schedule 4 - Compensation and Benefits: Detailed breakdown of the proposed salary package and benefits

5. Schedule 5 - Pre-Employment Checks: List of background checks, reference checks, and other verification requirements

6. Appendix A - Company Policies: Key company policies that the potential employee needs to review and acknowledge

7. Appendix B - Required Qualifications: List of qualifications, certifications, or licenses that must be verified

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
Relevant legal definitions
Clauses
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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