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Trial Period Employment Contract for Malaysia

Trial Period Employment Contract Template for Malaysia

A Trial Period Employment Contract under Malaysian law is a formal agreement that establishes a probationary employment relationship between an employer and a new employee. This document outlines the terms and conditions of the trial period, including duration, responsibilities, compensation, and evaluation criteria, while ensuring compliance with Malaysian employment legislation, particularly the Employment Act 1955 and related regulations. The contract specifies performance expectations, conditions for permanent employment, and termination provisions, providing both parties with clear guidelines during the probationary period.

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What is a Trial Period Employment Contract?

This Trial Period Employment Contract is designed for use when hiring new employees in Malaysia who need to undergo a probationary period before confirmation of permanent employment. The document complies with Malaysian employment law, including the Employment Act 1955 and related legislation, and is typically used by organizations to evaluate new hires' suitability for long-term employment. It includes essential provisions such as duration of probation, job responsibilities, compensation, performance evaluation criteria, and conditions for conversion to permanent employment. The contract protects both employer and employee interests while maintaining compliance with statutory requirements regarding minimum wage, working hours, and other employment conditions in Malaysia.

What sections should be included in a Trial Period Employment Contract?

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

2. Background: Context of the employment relationship and purpose of the trial period

3. Definitions: Key terms used throughout the contract

4. Duration of Trial Period: Specific start and end dates of the probationary period

5. Position and Duties: Job title, role description, and key responsibilities

6. Reporting Structure: Details of immediate supervisor and reporting relationships

7. Working Hours and Location: Standard working hours, days, and primary work location

8. Remuneration and Benefits: Salary, allowances, and any applicable benefits during probation

9. Performance Evaluation: Assessment criteria and evaluation process during probation

10. Termination Provisions: Conditions and process for early termination or extension of probation

11. Conversion to Permanent Employment: Process and conditions for conversion to permanent status

12. Statutory Compliance: Adherence to Malaysian employment laws and regulations

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

What sections are optional to include in a Trial Period Employment Contract?

1. Confidentiality Clause: Required if employee will have access to sensitive information

2. Intellectual Property Rights: Necessary for roles involving creative or technical work

3. Non-Competition: For positions with access to sensitive business information or client relationships

4. Training Requirements: Include if specific training is mandatory during probation

5. Flexible Working Arrangements: Required if allowing work-from-home or flexible hours

6. Additional Benefits: Include if offering benefits beyond statutory requirements

7. Travel Requirements: Necessary if position involves business travel

8. Use of Company Property: Include if providing company equipment or resources

What schedules should be included in a Trial Period Employment Contract?

1. Schedule 1 - Job Description: Detailed description of roles, responsibilities, and performance expectations

2. Schedule 2 - Remuneration Details: Breakdown of salary components, allowances, and applicable deductions

3. Schedule 3 - Company Policies: Key company policies applicable during probation

4. Schedule 4 - Performance Metrics: Specific KPIs and evaluation criteria for the probation period

5. Appendix A - Required Documents: List of documents required from employee (certifications, IDs, etc.)

6. Appendix B - Benefits Summary: Overview of benefits applicable during probationary period

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
























Clauses




























Relevant Industries

Technology

Manufacturing

Financial Services

Retail

Healthcare

Education

Professional Services

Construction

Hospitality

Telecommunications

Energy

Transportation

Media and Entertainment

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Development

Quality Assurance

Relevant Roles

Entry Level Executive

Senior Executive

Manager

Department Head

Technical Specialist

Sales Representative

Administrative Assistant

Project Coordinator

Software Developer

Account Manager

Marketing Executive

Human Resources Officer

Financial Analyst

Operations Manager

Research Associate

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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