content of contract sample contract - … · content of contract & sample contract “contract...

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IBU PEJABAT, JABATAN TENAGA KERJA SARAWAK, KEMENTERIAN SUMBER MANUSIA Tingkat 13, Bangunan Sultan Iskandar, Jalan Simpang Tiga, 93532 Kuching. Tel: 082-242261 Faks: 082-237051 Emel: [email protected] Laman sesawang:http://jtkswk.mohr.gov.my Sick Leave You will be entitled to paid sick leave as follows: 14 days/calendar year if you have been employed for less than 2 years 18 days/calendar year if you have been employed for t2 years and more but less than 5 years and, 22 days/calendar year if you have been employed for five years and more. Hospitalisation entitlement is 60 days inclusive of sick leave entitlement per calendar year. The costs of your medical examinations will be paid by the company provided that all the claims are sup- ported by receipts from a registered medical practi- tioner. Allowances Payable and Rates You will be paid Petrol Allowance: RM200.00/month Rates for Overtime Work Normal working day You will be paid at the rate of one and a half times your hourly rate of pay for every extra hour worked. Work on Rest Day You will be paid as follows: For work not exceeding half of your normal hours of work, half dayswages and for work exceeding half but not exceeding your normal hours of work, one days wages. For any work in excess of your normal hours of work, you will be paid, for every excess hour at the rate of two times of your hourly rate of pay. Work on Public Holidays Irrespective that the period of work done on that day is less than the normal hours of work, you will be paid two dayswages at the ordinary rate of pay in addition to your monthly rate of pay. For any work in excess of your normal hours of work you will be paid at the rate of three times of your hourly rate of pay. Monday to Saturday : 8.00 am to 5.00 pm (lunch break from 1.00 pm to 2.00 pm) Sunday : Rest day Holiday Entitlement and Paid Annual Leave Public Holidays You will be entitled to 16 paid public holidays and 4 of which, namely, the National Day, the Birthday of the Yang Di-Pertuan Agong, the Birthday of the Yang Di-Pertua Negeri Sarawak and the Workersday are compulsory. The remainder will be determined by the company but regards will be had to the religion and customs of the employees. You will also be entitled to paid holi- day on any additional public holiday declared by the State Government. Annual leave You will be entitled to paid annual leave as follows: 8 days for every 12 months of continuous service if you have been employed less than 2 years 12 days for every 12 months of continuous service if you have been employed for a period of 2 years or more but less than 5 years 16 days for every 12 months of continuous service if you have been employed for a period of 5 years or more. Age of Retirement You will retire upon reaching the age of 60 years old. Specific Condition Your employment will be subject to rules and regula- tions and other procedure as may be made known to you from time to time by the company. If the above terms and conditions are agreeable to you, please confirm your acceptance by signing and returning to the company the duplicate copy of this letter Yours faithfully, (Signature) Manager __________________________________________ I, the undersigned, having read and understood the above terms and conditions hereby accept the offer. (Signature) Name and signature of Employee CONTENT OF CONTRACT & SAMPLE CONTRACT

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Page 1: CONTENT OF CONTRACT SAMPLE CONTRACT - … · CONTENT OF CONTRACT & SAMPLE CONTRACT “Contract of service” means any agreement, whether ... Jalan Dreamlands,

IBU PEJABAT,

JABATAN TENAGA KERJA SARAWAK,

KEMENTERIAN SUMBER MANUSIA

Tingkat 13, Bangunan Sultan Iskandar,

Jalan Simpang Tiga,

93532 Kuching.

Tel: 082-242261

Faks: 082-237051

Emel: [email protected]

Laman sesawang:http://jtkswk.mohr.gov.my

Sick Leave

You will be entitled to paid sick leave as follows:

14 days/calendar year if you have been employed for less than 2 years

18 days/calendar year if you have been employed for t2 years and more but less than 5 years and,

22 days/calendar year if you have been employed for five years and more.

Hospitalisation entitlement is 60 days inclusive of sick leave entitlement per calendar year.

The costs of your medical examinations will be paid by the company provided that all the claims are sup-ported by receipts from a registered medical practi-tioner.

Allowances Payable and Rates

You will be paid Petrol Allowance: RM200.00/month

Rates for Overtime Work

Normal working day

You will be paid at the rate of one and a half times your hourly rate of pay for every extra hour worked.

Work on Rest Day

You will be paid as follows:

For work not exceeding half of your normal hours of work, half days’ wages and for work exceeding half but not exceeding your normal hours of work, one day’s wages. For any work in excess of your normal hours of work, you will be paid, for every excess hour at the rate of two times of your hourly rate of pay.

Work on Public Holidays

Irrespective that the period of work done on that day is less than the normal hours of work, you will be paid two days’ wages at the ordinary rate of pay in addition to your monthly rate of pay. For any work in excess of your normal hours of work you will be paid at the rate of three times of your hourly rate of pay.

Monday to Saturday : 8.00 am to 5.00 pm (lunch break from 1.00 pm to 2.00 pm) Sunday : Rest day

Holiday Entitlement and Paid Annual Leave Public Holidays You will be entitled to 16 paid public holidays and 4 of which, namely, the National Day, the Birthday of the Yang Di-Pertuan Agong, the Birthday of the Yang Di-Pertua Negeri Sarawak and the Workers’ day are compulsory.

The remainder will be determined by the company but regards will be had to the religion and customs of the employees. You will also be entitled to paid holi-day on any additional public holiday declared by the State Government.

Annual leave You will be entitled to paid annual leave as follows: 8 days for every 12 months of continuous service if you have been employed less than 2 years 12 days for every 12 months of continuous service if you have been employed for a period of 2 years or more but less than 5 years 16 days for every 12 months of continuous service if you have been employed for a period of 5 years or more.

Age of Retirement You will retire upon reaching the age of 60 years old. Specific Condition Your employment will be subject to rules and regula-tions and other procedure as may be made known to you from time to time by the company.

If the above terms and conditions are agreeable to you, please confirm your acceptance by signing and returning to the company the duplicate copy of this letter

Yours faithfully,

(Signature) Manager __________________________________________ I, the undersigned, having read and understood the above terms and conditions hereby accept the offer.

(Signature) Name and signature of Employee

CONTENT OF CONTRACT &

SAMPLE CONTRACT

Page 2: CONTENT OF CONTRACT SAMPLE CONTRACT - … · CONTENT OF CONTRACT & SAMPLE CONTRACT “Contract of service” means any agreement, whether ... Jalan Dreamlands,

“Contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract.

A contract of service for a specified period of time exceeding one month must be in writing and shall be signed by both parties

An employment contract establishes the respective rights, responsibilities and duties of an employer and an employee. You should check any employment contract terms carefully before agreeing to them, and, if in doubt, seek professional help.

Contract of services should include the particulars as prescribed by Labour (Content of Contract) (Sarawak) Rules 2008 as follows:

Name and address of employer, nature of business and place of employment

Name of employee

Identity card number, Passport/Immigration Pass number and date of expiry (for non-resident employee)

Occupation and the job description

Duration of employment (for non-resident employee)

Period of notice of termination or payment in lieu of notice

Rates of wages and the manner and frequency of payment, the advances of wages and the manner of repayment

Conditions of repatriation

Provision of other benefits provided for the welfare of the employee and his dependants

Allowances payable and rates

Rates for overtime work

Other benefits (including approved amenity/service or any approved incentive payment scheme)

Normal hours of work per day

Number of days of holiday entitlement and annual leave

Age of retirement

Any specific condition

Every employer must furnish to all his employees the written contract on or before the commencement of their employment and any subsequent changes in the terms and conditions

(LETTER HEAD)

(DATE)

(NAME, IC NO. & ADRESS OF EMPLOYEE )

Letter of Appointment

Our company is involved in retail. We are pleased to offer you employment as Account Clerk on the following terms and conditions:

Place of Employment

Your place of work is at No. 1, Jalan Dreamlands, 93200 Kuching.

Scope of Work

Your duties are as specified in the job description

MEANING

CONTENT OF CONTRACT

Duration of Employment

You will commence employment on 1/01/2011. You will have to undergo a probationary period of 3 calendar months. At the end of this period your per-formance will be reviewed by the company. The company reserves the right to confirm or terminate your employment or to extend your probationary pe-riod for another three calendar months.

Notice of Termination or Payment in Lieu of No-tice

During the probationary period, either party is re-quired to serve seven days’ written notice, or pay seven days wages in lieu of such notice. After confir-mation, the termination notice period is one calendar month, or payment equal to one calendar month’s wages in lieu of such notice

Rate of Wages and the Manner and Frequency of Payment

Your basic wages is RM1,000.00 per month. Your wage period will be a calendar month and wages will be paid not later than 7 days in the immediately suc-ceeding month. Wages will be paid at the place of employment.

Advance of Wages and the Manner of Repayment Advance of wages will at the sole discretion of the company and if granted will not exceed one month wages. Recovery of advance will be by way of de-duction from the wages and it shall not exceed fifty percent of the monthly wages.

Conditions of Repatriation You are entitled to be repatriated to your home town at the company’s expense if your contract is termi-nated for whatever reasons.

Benefits and Welfare:

(A) Maternity Leave

You will be entitled to 60 days of maternity leave for each confinement.

(B) Maternity Allowance

You will be entitled to maternity allowance at a rate of a day’s wages per day during your maternity leave and subject to the following conditions:-

I) at the time of your confinement you have not more than 4 surviving children;

II) you have been employed at least for 1 full day during the period of 4 months immediately preceed-ing your confinement; and

III) you have been employed for an aggregate of not less than 90 days during the period of 9 months im-mediately preceeding your confinement.

SAMPLE CONTRACT

PURPOSE