Restaurant Employee Contract Template for Malaysia

This employment contract template is specifically designed for restaurant establishments operating in Malaysia, compliant with the Employment Act 1955 and related Malaysian labor laws. The document establishes the terms and conditions of employment within the food service industry, including provisions for working hours, remuneration, food safety compliance, and specific restaurant-related responsibilities. It incorporates essential elements required by Malaysian law while addressing industry-specific considerations such as shift work, service charge distribution, and food handling requirements.

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What is a Restaurant Employee Contract?

The Restaurant Employee Contract is a fundamental document used to establish formal employment relationships within Malaysia's food service industry. This contract template is designed to comply with Malaysian employment law, particularly the Employment Act 1955, while addressing the unique aspects of restaurant operations. It should be used when hiring any restaurant staff member, from service crew to management positions, and includes provisions for working hours, wages, food safety compliance, and other industry-specific requirements. The document is structured to accommodate the dynamic nature of restaurant work, including shift arrangements, service charge policies, and statutory benefits, while ensuring proper protection for both employer and employee interests under Malaysian jurisdiction.

What sections should be included in a Restaurant Employee Contract?

1. Parties: Identification of the employer (restaurant) and employee with complete details

2. Background: Brief context about the restaurant and the purpose of the employment agreement

3. Definitions: Definitions of key terms used throughout the contract

4. Position and Duties: Employee's job title, role, and key responsibilities in the restaurant

5. Duration of Employment: Terms of employment period, including probation if applicable

6. Working Hours and Shifts: Regular working hours, shift patterns, and overtime arrangements

7. Remuneration: Base salary, payment schedule, and overtime rates

8. Leave Entitlements: Annual, medical, and other statutory leave entitlements

9. Health and Safety: Compliance with food safety regulations and workplace safety requirements

10. Confidentiality: Protection of restaurant's proprietary information and trade secrets

11. Termination: Conditions and procedures for contract termination by either party

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

What sections are optional to include in a Restaurant Employee Contract?

1. Service Charge Distribution: Include when the restaurant has a service charge policy to explain distribution method

2. Accommodation Provisions: Include when the restaurant provides housing for employees

3. Uniform Requirements: Include when specific uniforms are required and whether they are provided

4. Non-Compete Clause: Include for senior staff or those with access to sensitive information

5. Training Requirements: Include when specific training programs are mandatory

6. Tips Policy: Include when there's a specific policy regarding handling of tips

7. Performance Bonus: Include when performance-based bonuses are offered

8. Transfer Clause: Include when employee might be required to work at different branches

What schedules should be included in a Restaurant Employee Contract?

1. Schedule 1: Salary and Benefits: Detailed breakdown of salary components and benefits

2. Schedule 2: Job Description: Detailed description of roles, responsibilities, and reporting structure

3. Schedule 3: Working Hours Schedule: Detailed shift patterns and rotation schedule if applicable

4. Schedule 4: Company Policies: Restaurant's standard operating procedures and employee policies

5. Appendix A: Employee Handbook: Reference to or incorporation of the employee handbook

6. Appendix B: Food Safety Guidelines: Specific food handling and safety procedures to be followed

7. Appendix C: Equipment Usage Guidelines: Guidelines for using restaurant equipment and facilities

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use

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