The Probation Employment Contract serves as a crucial legal document in the Malaysian employment context, establishing the initial employment relationship between an employer and a new employee. This document is typically used at the commencement of employment to set out a trial period during which both parties can assess their compatibility. It must comply with the Employment Act 1955 and other relevant Malaysian employment legislation, including provisions for minimum wage, working hours, and statutory benefits. The contract typically includes details about the probationary period duration, performance expectations, evaluation criteria, and the process for conversion to permanent employment. It's an essential tool for risk management in workforce development, providing clear guidelines for both parties while maintaining legal compliance with Malaysian employment regulations.
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1. Parties: Identification of the employer and employee with complete legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the probationary contract
3. Definitions: Key terms used throughout the contract
4. Appointment and Probation Period: Details of the position and duration of probation period
5. Job Description and Duties: Outline of the role, responsibilities, and reporting structure
6. Working Hours and Location: Standard working hours, work location, and any flexibility arrangements
7. Remuneration and Benefits: Salary, allowances, and statutory benefits during probation
8. Leave Entitlements: Annual, medical, and other leave entitlements during probation
9. Performance Assessment: Evaluation criteria and review process during probation
10. Confidentiality and Data Protection: Obligations regarding company information and personal data handling
11. Termination During Probation: Notice periods and conditions for termination during probation
12. Confirmation of Employment: Conditions and process for confirmation after probation
13. Governing Law: Specification of Malaysian law as governing law
14. Entire Agreement: Standard clause confirming the contract represents the complete agreement
1. Intellectual Property Rights: Required for roles involving creative work or innovation
2. Non-Competition: Added for senior positions or roles with access to sensitive information
3. Training Requirements: Included when specific training is mandatory during probation
4. Remote Work Provisions: Required for positions allowing work from home arrangements
5. Commission Structure: Added for sales or commission-based positions
6. Overtime Arrangements: Required for roles eligible for overtime work
7. Professional Memberships: Added for roles requiring professional certifications or memberships
1. Schedule 1: Detailed Job Description: Comprehensive list of job responsibilities and requirements
2. Schedule 2: Remuneration Structure: Detailed breakdown of salary components and benefits
3. Schedule 3: Company Policies: Key company policies applicable during probation
4. Schedule 4: Performance Metrics: Specific KPIs and performance evaluation criteria
5. Appendix A: Employee Handbook Reference: Reference to relevant sections of the employee handbook
6. Appendix B: Statutory Benefits Summary: Summary of statutory benefits under Malaysian law
Relevant legal definitions
Company
Employee
Probation Period
Confirmation Date
Confidential Information
Working Hours
Basic Salary
Benefits
Intellectual Property
Company Policies
Notice Period
Immediate Superior
Performance Review
Misconduct
Confirmation Criteria
Work Location
Employment Act
Personal Data
Company Property
Statutory Benefits
Effective Date
Position
Department
Termination
Regular Employment
Employee
Probation Period
Confirmation Date
Confidential Information
Working Hours
Basic Salary
Benefits
Intellectual Property
Company Policies
Notice Period
Immediate Superior
Performance Review
Misconduct
Confirmation Criteria
Work Location
Employment Act
Personal Data
Company Property
Statutory Benefits
Effective Date
Position
Department
Termination
Regular Employment
Clauses
Appointment
Duration of Probation
Duties and Responsibilities
Working Hours
Remuneration
Benefits
Leave Entitlements
Performance Evaluation
Confirmation Criteria
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Termination
Notice Period
Code of Conduct
Disciplinary Procedures
Grievance Procedures
Health and Safety
Training
Company Property
Amendments
Governing Law
Entire Agreement
Duration of Probation
Duties and Responsibilities
Working Hours
Remuneration
Benefits
Leave Entitlements
Performance Evaluation
Confirmation Criteria
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Termination
Notice Period
Code of Conduct
Disciplinary Procedures
Grievance Procedures
Health and Safety
Training
Company Property
Amendments
Governing Law
Entire Agreement
Relevant Industries
Relevant Teams
Relevant Roles
Chief Executive Officer
Manager
Executive
Administrator
Engineer
Accountant
Sales Representative
Human Resources Officer
Marketing Executive
Operations Manager
Technical Specialist
Customer Service Representative
Project Manager
Research Analyst
Business Development Executive
Software Developer
Financial Analyst
Legal Officer
Production Supervisor
Quality Control Inspector
Manager
Executive
Administrator
Engineer
Accountant
Sales Representative
Human Resources Officer
Marketing Executive
Operations Manager
Technical Specialist
Customer Service Representative
Project Manager
Research Analyst
Business Development Executive
Software Developer
Financial Analyst
Legal Officer
Production Supervisor
Quality Control Inspector
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