Sorry ya. I'm suffering now.
Can you please help me to view this contract. I have no idea is it follow the Malaysia Employment Act. Correct me if I'm wrong.
Below is the content of the contract:-
§ 1 Employment and type of work
1. The Employer employs the Employee at the post of: .
2. The scope of duties, rights and responsibilities and hierarchy and functional relationships in the process of work are determined by the Employer.
3. The Employee expresses consent for the Employer to make provisions referred to in point 2, as well as for their changing in the scope not exceeding the limits of the type of work determined by the parties in this contract.
§ 2 Work time and working hours
1. The work in the post set forth in §1 shall be provided by the Employee in: «Wymiar_etatu».
2. The company’s official working hours are 9.00 am to 5.00 pm from Monday to Friday. You will be allowed up to one hour for lunch.
3. Work time distribution for the Employee is determined by the Employer following the principles set forth in the Labour Regulations.
§ 3 Work place
1. The primary place of providing work by the Employee is: xxxxxxxxxxxxxxxx
2. The employee may be delegated to work from another location temporarily be it either as part of a project or a business trip.
Probationary Period and Confirmation
1. The first 3 months of employment period shall comprise the probation period, during which your employment may be terminated by either party by giving to the other one week’s notice to terminate the employment. The management may extend the probationary period at its discretion.
2. The probationary period is for the purpose to ascertain your ability to meet performance expectation and suitability for the position. Upon satisfactory completion of the Probationary Period referred to in Clause 4.1, your employment will automatically move into a regular employment, unless the management informs you in writing otherwise prior to the end of probationary period.
§ 4 Execution of work
1. The Employee undertakes to diligently and carefully perform his work, by way of, in particular:
1.1. Taking care of good name and interests of the Employer,
1.2. Executing the strategy of operation set forth by the Employer, including execution of the unit’s or organisational unit’s functions, in which he is employed,
1.3. Continuous enhancing his professional qualifications,
1.4. Timely executing the tasks resulting from the needs of the Employer and from the organisation of the process of work, as well as most effectively using the time of work,
1.5. Protecting the property of the Employer,
1.6. Using the Employer’s property only for execution of the duties resulting from this contract of employment, as well as in compliance with its intended use and features,
1.7. Applying other duties resulting from the regulations in force with the Employer.
2. The Employee undertakes to perform any other professional duties for the Employer, if these result from the regulations of the law or ethical principles in force with the Employee due to the vocation performed.
3. The Employer undertakes to observe the principles of ethics applying to the Employee due to the vocation performed by him.
§ 5 Salary
1. The Employee shall receive salary in the amount of: XXXXXXXXXX gross per month, on the conditions set forth in the Salary Regulations.
2. Your salary will be subjected to lawful deductions EPF employee’s contribution of 11%, and employer’s contribution of 12% as per statutory prescribed rate and SOCSO contribution , in accordance with the provisions of the relevant laws, at the rate prescribed by the relevant legislative.
3. Independently of the salary set forth in point 1, the Employee may receive performance bonus and awards, on the conditions set forth in the Salary Regulations.
4. The Employee expresses consent for payment of the due salary and other benefits related to the employment relationship by bank draft into his bank account. The Employee shall provide the Employer with the information in the scope necessary for making bank drafts.
5. The salary shall be transferred on the last working day of each month for that month. The funds will arrive on the bank account provided by the Employee depending on the duration of the wire transfer.
§x Bonus and rewards
Employee may receive performance bonuses and awards, on the Employer own choice and employer own discretion. Additional payments depend on the economic situation of the company and performance of the employee. The amount of additional payments does not constitute any legal entitlements of the employee neither on the merits nor the amount, neither for the past nor the future.
§6 Ban on disclosing salary amount
1. The Parties hereby agree that the information concerning the amount of the salary received by the Employee, his bonus and awards are included in the company secret of the Employer. The Employer hereby declares that he took the necessary action in order to maintain confidentiality of information referred to in the first sentence.
2. In reference to point 1, the Employee undertakes not to disclose to other persons, except for the persons living with him in his household, any information concerning the amount of the received salary, bonus and awards.
3. The Employee hereby declares that he is aware that not executing or improper executing the obligation referred to in Point 2 is the act of unfair competition, with consequences set forth in the Unfair Competition Law of 16 April 1993.
§ 7 Deliverables
1. The Parties agree that proprietary copyrights to works done by the Employee as a result of performing the work duties, are acquired completely by the Employer. The Employee is not entitled to receive a separate remuneration for transfer of these rights to the Employer.
2. The Employer acquires proprietary copyrights to the works referred to in point 1 for all fields of exploitation known at the time of conclusion of the Contract, in particular for fields of exploitation determined in Art. 50 of The Copyright and Related Rights Act, and for:
2.1. fixation of works without any quantitative restrictions, using any technique, including: printing, digital, reprographic, electronic, photographic, optical, laser, magnetic recording, on every medium;
2.2. reproduction of works without any quantitative restrictions, in every technique possible;
2.3. distribution of the original or copies, on which works were fixed – placing on the market, renting, leasing, lending, licensing;
2.4. entering works to the computer memory and multimedia networks, including the Internet, internal networks of the Intranet type, without any quantitative restrictions, as well as transferring works in the aforementioned networks, including the on-line mode;
2.5. public performing, presenting, displaying or playing, in any form, including using the works as a whole or as any parts as trademarks;
2.6. making works publicly available, so that anyone could have an access to them in a chosen place or time; in the Internet, including the Internet shops and other ICT, multimedia and computer networks;
2.7. using works as a whole or in parts, including making compilations or merging with other works within actions of the Employer's business;
2.8. exploitation as a whole or in parts, using any new technologies;
2.9. any other form of use or distribution.
3. The Employee is not entitled to receive a separate remuneration for using work by the Employer on every individual field of exploitation.
4. The Employee – along with the transfer of proprietary copyrights – transfers to the Employer the right to allowing for execution (disposition and use) of the copyrights for works done, for fields of exploitation determined in paragraph 2, without a separate remuneration.
5. The Employer agrees to the distribution and use by Employer of versions of works created by the Employee as a result of the work duties.
6. The Employee agrees not to execute the personal copyrights for the works created by the Employee as a result of the work duties.
7. The Parties agree that the property rights to all forms of activity of Employee which are not intrinsically a subject of copyright – created by the Employee as a result of performing the work duties – are acquired by the Employer. The Employee is not entitled to receive a separate remuneration on that basis.
8. Acquisition by the Employer of the proprietary copyrights to the works referred to in paragraph 1 and the property rights to forms of the Employee's activity which are not intrinsically a subject of copyright, referred to in paragraph 7, takes place upon their determination. The Employer acquires also, upon fixation of the works or forms of the Employee's activity which intrinsically are not a subject of copyright, the ownership of items, on which the works and forms of the Employee's activity have been fixed.
9. The Parties agree that if the Employee, as a result of performing the work duties, creates: an invention, a utility model, an industrial design, topography of integrated circuits, a trademark, the Employer has a complete right to acquire: a patent for invention, a protection right for a utility model, right in registration of an industrial design or a topography of integrated circuits, and a protection right for a trademark.
10. The Parties agree that if the Employee, with the Employer's help, creates: an invention, a utility model, an industrial design, topography of integrated circuits, a trademark, the right to: a patent, a protection right, or right in registration belongs completely to the Employer.
11. The Parties agree that if the Employee develops a rationalization project for the Employer's business, the right to this project is acquired by the Employer.
12. The Parties agree that the Employee is not entitled to receive a separate remuneration for acquiring by the Employer rights indicated in paragraphs 8 – 11, and is not entitled to remuneration for using, by the Employer: an invention, a utility model, an industrial design, a topography of integrated circuit, a trademark, created as a result of the Employee's performance of the work duties.
13. The Parties agree that the Employer is entitled to free disposition of acquired by the Employer industrial property rights referred to in paragraphs 9 – 11.
14. The Employee agrees to immediately inform the Employer about works, inventions, utility models, industrial designs, topographies of integrated circuits, trademarks and rationalization projects, created as a result of performing the work duties, as well as about other forms of the Employee's activity, intrinsically not being a subject of copyright or industrial property rights.
§8 Professional education
1. The Employee undertakes to participate in all trainings and courses related to the profession executed by him, into which he will be directed by the Employer.
2. The detailed principles for participation in trainings and courses referred to in point 1 shall be determined in agreements made separately between the Employee and the Employer.
§9 Competition ban
1. The Employee undertakes during the time when this contract of employment is in force not to manage activities competitive to the Employer in the scope of:
1.1. Providing work on the basis of the contract of employment or on any other basis and executing the activities of providing services on the basis of a civil and legal agreement or on any other basis for the benefit of an entity managing activities competitive to the Employer,
1.2. Assuming functions in the bodies of entities managing activities competitive to the Employer, as well as advisory functions in these entities,
1.3. Participating in enterprises or in entities managing activities competitive to the Employer, in particular by providing contributions, acquiring or assuming shares or stocks, except for acquiring or assuming stocks offered in public trading in securities,
1.4. Undertaking or managing commercial activities for his own account or for another entity’s account, if it is competitive to the Employer.
2. Activities competitive shall mean activities of any entity in the territory of Poland and outside its borders, organised in any legal form, whose scope includes activities overlapping with the scope of operations of the Employer’s company.
3. In case of doubts, the Employee may approach the Employer with a question whether the given activity is competitive to the Employer.
4. The Employer is obliged to provide the Employee with a written response to the question referred to in point 3 within 7 days of the date of filing the question to them by the Employee.
5. Not providing by the Employer a written response within the time referred to in point 4 shall mean that the activities referred to in the inquiry of the Employee is not competitive to the Employer.
§10 Customer takeover as a result of competitive activities
In case of undertaking by the Employee during validity of this contract of employment competitive activities, by which it is understood taking over of the current customers of the Employer by an entity competitive to the Employer, with whose operation the activities competitive to the Employee are related, is the activity directly competitive to the Employee.
§11 Undertaking additional working activities
With reservation of §9, the Employee may during validity of this contract of employment undertake additional activities, if these activities are not contrary to the interests of the Employer, do not cause breaching by the Employee of the duties of diligent and careful execution of his employee duties and do not violate any other good of the Employer.
§12 Unfair competition
1. The Employee undertakes to maintain in strict secrecy all and any programme, technical, technological, trade, organisational, financial and legal information of the Employer, not released for the public (the company secret), whether or not the Employer undertook the necessary measures in order to maintain their confidentiality. Transferring, disclosing, using, selling or offering sales of company secret is allowed only with a prior written permission of the Employer.
2. The Employee undertakes not to disseminate untrue or misleading information about the Employer, in particular about the produced products and provided services, prices applied, economic or legal situation and managing persons in order to bring about benefits or inflict damages.
3. The Employee undertakes not to undertake any actions aimed at persuading persons providing labour for the benefit of the Employer, on the basis of the employment relationship or on the basis of any other legal relationship, to not providing or improper providing of employee duties or other contractual duties in order to bring about benefits to oneself or to third persons or to make damage to the Employer.
4. The Employee undertakes not to undertake any actions aimed at persuading the Employer’s customers or other persons to terminate contracts with him or at not performing it or performing it improperly in order to bring about benefits for himself or for third persons or to make damage to the Employer.
5. The Employee hereby declares that he is aware that activities contrary to the provisions of Points 1, 2, 3 and 4 are acts of unfair competition with penal and civil consequences set forth in the Unfair Competition Law of 16 April 1993, and their qualification as an act of unfair competition is not dependent on the fact of the possible termination of the employment relationship between the Employer and the Employee.
§13 Expanding the scope of the “Employer” notion, excluding the competition ban
1. In the meaning of §9, §10 and §12, the Employer shall also mean companies directly or indirectly related by capital with the Employer, i.e. companies included in the ComArch Capital Group on conclusion of this contract.
§14 Termination of the contract of employment due to the Employee’s fault
Not performing or performing improperly by the Employee of the provisions §6 Point 2, §9 and §12, undertaking by the Employee during validity of the contract of employment of additional activities referred to in §11, which is contradictory with the interests of the Employer, causes violation by the Employee of the duties of diligent and careful execution of employee duties or violates any other good of the Employer shall be deemed one of the cases of severe violation of the basic employee duties resulting in the possibility of filing by the Employer the statement of termination of the contract of employment with notification or the statement of termination of the contract of employment without notification.
§15 Responsibility for deliberate inflicting of the damage
The Employee hereby declares that he is aware that deliberate not performing or deliberate improper performing of the obligations referred to in §10 is equivalent with deliberate inflicting damages to the Employer, and in case of actual incurring of damages by the Employer, the Employee shall be obliged to make it good in full amount.
§16 Statements and confirmations of concluding the contract
1. The Employee hereby declares that:
1.1. The Employee data provided for the Employer are true and complete,
1.2. There are no any actual or legal reasons, which would make employment impossible or difficult in the post set forth in §1 of the contract,
1.3. In reference to conclusion of this contract, no interests or rights of third persons were violated,
1.4. He was made aware of the Labour Regulations and of the Salary Regulations in force with the Employer,
2. Each Party hereby declares that he/she has become acquainted with the content of this contract and signed and received the same copy of the contract as this one.
§17 Delivery addresses
1. The Parties agree on the following delivery addresses for the purpose related to the contract:
1.2. The Employee: «Adres_pracownika_razem»
2. The Parties undertake to mutually inform each other in writing about every change in delivery address. In case of not notifying by one party of change in its delivery address, the mail addressed to its current address shall be deemed effectively delivered, and the date of delivery shall be equal to the date of the first call for collecting the mail sent to the current delivery address.
3. The information about changing delivery address does not require changing this contract for its validity.
§ 18 Contract duration
1. The contract of employment is concluded for «Type of employment»«Date of contract expiration».
2. The competition ban agreement during the employment relationship is concluded for the duration of the contract of employment.
3. The provisions resulting from §12 Point 1 are binding for the Employee also for a period of 5 years since the date of the end of the employment relationship.
4. The provisions resulting from §7 Points 9 and 10 are binding for the parties infinitely and cannot be terminated by the parties.
§ 19 Commencement of employment
The Employee shall commence his employment on «Date of commencement of work» r.
§ 20 Obligations of the Employee related to the end of the employment relationship
1. In case of the employment relationship coming to an end, the Employee is obliged to release for the Employer all the documents and other materials concerning company secret that he has made, collected, prepared or received during validity of the contract of employment or at its execution or in reference to it, including their copies, duplicates, as well as entries in other media, by the day of the employment relationship coming to an end at the latest.
2. In case of the employment relationship coming to an end, the Employee is obliged to release for the Employer all the objects, in which works, inventions, utility models, decorative patterns and invention designs were fixed that he had made, collected, prepared or received during validity of the contract of employment or at its execution or in reference to it, including their copies, duplicates, as well as entries in other media and any creative and invention documents related to their exploitation, by the day of the employment relationship coming to an end at the latest.
§ 21 Employment pass
If you are required under the Malaysian law to obtain an employment pass /work permit/work visa in order to work for , this offer is conditional upon you being issued such employment pass/work permit/work visa from the relevant authorities. Furthermore you must maintain such employment pass/work permit/work visa for the duration of this Agreement and subsequent extensions.
§22 Amendments to the contract
Any amendments to the contract require written form to be valid.
§23 Copies of the contract
This contract is made in two identical copies, one for each Party.
§24 Issues not settled
In cases, which are not settled with this contract, provisions of the law shall apply.
Please feel free to revert back to us on any questions about the offer. If you agree with all the terms and conditions, please sign and return this letter to us not later than 5 days from the date of Letter of Offer. We look forward to be working together with you, and we welcome you aboard at…………………………………..
Signed by the above named EMPLOYEE:
Signature : ………………………………………
Name of employee :
In the presence of
Signed by above named COMPANY : ………………………………………
Job Title :
For and on behalf of the :