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On Hire Labour Agreement
"I need an On Hire Labour Agreement for staffing IT consultants to a multinational tech company in Kuala Lumpur, with provisions for remote work arrangements and intellectual property protection for software development work."
1. Parties: Identifies and provides details of the three main parties: the labor hire company, the worker, and the host employer
2. Background: Sets out the context of the agreement and the intention to create an on-hire labor arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Assignment', 'Services', 'Work Location', etc.
4. Term of Agreement: Specifies the duration of the agreement, including start date and any renewal provisions
5. Nature of Relationship: Clarifies the employment relationship between parties and confirms the worker's employment status
6. Duties and Obligations: Details the responsibilities of each party, including the worker's duties and compliance requirements
7. Working Hours and Location: Specifies standard working hours, overtime arrangements, and work locations
8. Remuneration and Benefits: Details salary, payment terms, statutory contributions (EPF, SOCSO), and other benefits
9. Leave Entitlements: Outlines various types of leave including annual, sick, and public holidays as per Malaysian law
10. Confidentiality and Data Protection: Covers confidentiality obligations and handling of personal data under PDPA
11. Health and Safety: Specifies workplace safety requirements and compliance with OSHA regulations
12. Termination: Details circumstances and procedures for termination of the agreement
13. Governing Law: Confirms Malaysian law as governing law and jurisdiction for disputes
1. Non-Competition: Restrictions on working with competitors, used when workers have access to sensitive information
2. Intellectual Property: IP ownership and rights, included when workers may create IP during their employment
3. Housing and Amenities: Include when accommodation is provided as part of the employment package
4. International Assignment: Additional terms for workers who may be assigned to work overseas
5. Training and Development: Include when specific training requirements or professional development programs are offered
6. Performance Reviews: Include when formal performance review processes are part of the arrangement
7. Bonus and Commission: Include when additional performance-based compensation is offered
1. Schedule 1 - Position Description: Detailed description of the role, responsibilities, and required qualifications
2. Schedule 2 - Remuneration Details: Breakdown of salary, allowances, and benefits
3. Schedule 3 - Assignment Details: Specific details of the work assignment, location, and host employer requirements
4. Schedule 4 - Company Policies: Key workplace policies and procedures that the worker must comply with
5. Schedule 5 - Statutory Benefits: Details of statutory benefits and calculations as per Malaysian law
6. Appendix A - Code of Conduct: Expected standards of behavior and professional conduct
7. Appendix B - Safety Procedures: Specific safety requirements and procedures for the role
Authors
Manufacturing
Construction
Oil and Gas
Information Technology
Mining
Agriculture
Logistics
Healthcare
Hospitality
Engineering
Telecommunications
Professional Services
Human Resources
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Operations
Procurement
Compliance
Finance
Project Management Office
Administration
Risk Management
Project Manager
Site Supervisor
Construction Worker
IT Consultant
Factory Worker
Administrative Assistant
Technical Specialist
Machine Operator
Field Engineer
Production Worker
Data Entry Operator
Sales Representative
Warehouse Assistant
Healthcare Worker
Software Developer
Maintenance Technician
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