Temporary Staffing Agreement for Malaysia

Temporary Staffing Agreement Template for Malaysia

A comprehensive agreement governed by Malaysian law that establishes the terms and conditions for the provision of temporary staffing services between a staffing agency and a client company. The document ensures compliance with Malaysian employment legislation, including the Employment Act 1955 and Private Employment Agencies Act 1981, while detailing the responsibilities of both parties, payment terms, staff management procedures, and regulatory compliance requirements. It includes provisions for worker protection, social security compliance, and clear delineation of employer obligations under Malaysian labor laws.

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What is a Temporary Staffing Agreement?

This Temporary Staffing Agreement is designed for use in Malaysia when a company needs to engage temporary workers through a professional staffing agency. The document is essential for businesses requiring flexible workforce solutions while ensuring compliance with Malaysian employment laws, including the Employment Act 1955, Private Employment Agencies Act 1981, and relevant social security regulations. It comprehensively addresses key aspects such as worker classification, benefits, statutory contributions, and workplace safety requirements specific to the Malaysian context. The agreement is particularly valuable for companies experiencing seasonal demands, special projects, or temporary staff augmentation needs, providing a legally robust framework for such arrangements while protecting the interests of all parties involved.

What sections should be included in a Temporary Staffing Agreement?

1. Parties: Identification of the staffing agency and the client company

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Details of temporary staffing services to be provided

5. Term and Termination: Duration of agreement and termination provisions

6. Service Provider Obligations: Key responsibilities of the staffing agency including recruitment, screening, and compliance

7. Client Obligations: Responsibilities of the client company including workplace safety and supervision

8. Fees and Payment Terms: Pricing structure, payment terms, and invoicing procedures

9. Temporary Staff Management: Procedures for assignment, replacement, and performance management of temporary staff

10. Compliance with Laws: Obligations regarding employment laws, social security, and other regulatory requirements

11. Confidentiality: Protection of confidential information of all parties

12. Liability and Indemnification: Risk allocation between parties

13. Insurance: Required insurance coverage

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Temporary Staffing Agreement?

1. Intellectual Property Rights: Protection of IP when temporary staff may be involved in creative or technical work

2. Non-Solicitation: Restrictions on hiring temporary staff directly, used when there's risk of circumvention

3. Data Protection: Specific provisions for handling personal data under PDPA, needed when significant personal data processing is involved

4. Transition Services: Procedures for transitioning temporary staff to permanent positions, if this is contemplated

5. Performance Metrics: Specific KPIs and service levels, needed for more sophisticated arrangements

6. International Assignments: Additional provisions for cross-border placements

7. Training Requirements: Specific training obligations, needed for specialized positions

What schedules should be included in a Temporary Staffing Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, markup percentages, and payment terms

2. Schedule 2 - Service Specifications: Detailed description of staffing services, including recruitment and screening processes

3. Schedule 3 - Required Qualifications: Minimum qualifications and experience requirements for different categories of temporary staff

4. Schedule 4 - Key Personnel: List of key agency personnel responsible for managing the relationship

5. Schedule 5 - Compliance Checklist: Checklist of regulatory requirements and necessary documentation

6. Appendix A - Standard Operating Procedures: Detailed procedures for temporary staff deployment and management

7. Appendix B - Forms and Templates: Standard forms for timesheet reporting, performance evaluation, and other routine processes

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

Agency Agreement

Cost

Free to use
Clauses
Relevant Industries

Manufacturing

Technology

Construction

Healthcare

Retail

Hospitality

Financial Services

Logistics

Oil and Gas

Professional Services

Education

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Project Management

Talent Acquisition

Contract Administration

Relevant Roles

HR Manager

Procurement Manager

Legal Counsel

Operations Director

Talent Acquisition Specialist

Compliance Officer

Finance Manager

Project Manager

Staffing Coordinator

Risk Manager

Contract Administrator

Human Resources Director

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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