Letterhead EMPLOYMENT CONTRACT
The Employment Contract is made and entered into on this date _____, month of ____________ of 2001 by and between _______________________________________ by address of ____________________________________________________________ (Hereinafter called “the Employer”) and represented by the contract by ______________ _______________________________________________________________________ License Recruiting Agency which shall be joint and severally responsible for compliance herewith, ___________________________________ , Passport no.: _______________ (Hereinafter called “the Employee”) both of whom bind themselves to the following terms and conditions: Basic terms of contract: 1.Employee’s job title or position: The Employee is desirous employed by the Employer as semi-skilled workers in the company as a Production Operator. 2.Minimum basic monthly salary: Minimum Basic monthly salary RM 23.00/day X 26 days Attendance Allowance RM 1.00/day X 26 days Food Allowance RM 2.00/day X 26 days Overtime (compulsory /approximately) = RM 598.00 = RM 26.00 = RM 52.00
2 hours per day X 26 days Total (per month)
= RM 224.25 -----------------= RM 900.25 ------------------
3.Duration of contract: a)The validity of the contract is for three years commencing from the date the Employee arrives at the country of Employment. b)This contract is renewable automatically for one more year if neither the Employer nor the Employee notify the other of his/her wish terminate the contract by least one month prior to the expiry of the contract. c)The Employer may immediately terminate the contract without compensation or salary due to the contract period upon submission of written notice on the grounds
of Misconduct, Disobedience, Insubordinate, Dishonesty and Commission of a Criminal Act punishable by law and the Employee will bear all expenses and loses.
4.Probation period The Employee is subject to a probationary period of three (3) months and can be extend under the provision period of the Malaysia Labour Laws. 5.Travelling expenses: The travelling expenses from Kathmandu, Nepal to Kuala Lumpur International Airport (KLIA) shall be borne by the Employee and the expenses of the air passage from Kuala Lumpur International Airport (KLIA) to Kathmandu, Nepal shall be borne by the Employer upon completion of employment contract (2 years). 6.Accommodation: The Employer shall provided free accommodation completes with electricity, water supply during the period of employment. 7.Food: Employees own provision. 8.Working days and working hours: The Employee shall perform the work in accordance with the hours, shift and days provided by the company’s rules and regulations subject to change from time to time. The Employer reserves the right and not the Employee. 9.Overtime: a)Any additional work done beyond the normal working hours (hereinafter called “Overtime”) shall be rewarded in accordance with the rate provided for the Employment Act. 1955. b)The Employee shall perform any overtime only upon request. c)No overtime shall be performed unless duty by any authorized personnel in the company. 10.The Employee must adhere to the following privileges to the Employer
All the terms and conditions mentioned would refer to clause item 3 (c). a)Work in places and projects in Malaysia specified by the Employer. b)Should be honest, obedient, of be a good behavior and work to the satisfaction of the Employer at all times. c)Not disclose any official secrets or information to any outsider. Such information should be kept in confidential. d)Not involved him/herself in political matters or in the internal affairs of the country. e)To follow and abide all factory rules and regulations. 11.Adequate work Subject to the provision of the Employment Act. 1955, the company shall be bound to provided the Employee with sufficient work suitable to his capacity. 12.Leave benefit: a)Annual Leave: Subject to the provisions of the Employment Act. 1955, the Employee shall be entitled to the annual leave in accordance with the terms and provisions contained in the Malaysia Labour Law. b)Medical and Sick Leave: All the Employee shall subject to notification, knowledge or the approval from the Employer before examination by the Company Panel Clinic’s doctor or the Government Hospital’s doctor due to accident cause or natural cause at the expenses of the company, will be entitled to the medical leave and sick leave. Note: Natural causes mean illness due to any diagnoses after the employment in Malaysia. Is entitled for the sick leave not exceeding in aggregate number of days prescribed in the Employment Act. 1955. Whatsoever natural cause of illness or due to any diagnoses nondisclosure from the origin country before employment is proven by the medication, the company will hold no responsibility. The Employee shall bear all the expenses cost and repatriate fees. c)Public Holidays: Company’s management arrangement settles through the past record years as the Employment Act. 1955. d)Apply Leave:
Any Employee who wishes to take leave must obtain in prior written approval three (3) days in advance and subject to the approval from the Employer, and must ensure to report for the duty in time. e)Emergency Leave: Any Employee shall also write in for the emergency leave subject to the approval from the Employer and the Employee shall bear all the expenses and loses of any consequences. 13.Medical treatment: The Employees will receive medical treatment (Company Panel Clinic & Government Hospital) at the expenses of the Employer in the item 12 (b). 14.Yearly medical: a)Yearly medical examination will be arrange as require by the Immigration Department of Malaysia and the cost incurred will be borne by the Employee by deduction of salary. b)In the event of performance, medical examination fee in connection with the renewal of work permit will be in consideration by the Employer. 15.Insurance: The Employer shall provided insurance coverage under Foreign Worker Compensation Scheme’s policy for the Employee against industrial accident and personal accident outside working hours during the course of employment. 16.Deceased: In the event of any Employee dies in the cause of his employment, the Employer shall be responsible to arrange the body of deceased to the repatriated to his next of kin in Nepal and necessary repatriated expenses shall be borne by the Employer. 17.Government Levy to Immigration: The Employer shall advance to the Employee a sum of RM 1,200.00 as payment to Levy. The amount shall be deducted from the Employee’s salary through 12 months installments. 18.Age: -
From 21 to 35 years old which physically and mentally healthy.
19.Employee’s Provident Fund (E. P. F.): a)E. P. F. the Employee will contributory (subjected to change by the Malaysia Government) from basic salary and fixed allowances in accordance the Laws of Malaysia which will be deducted directly from worker’s salary and the Employer will contributory RM 5.00 per month. b)Redraw of the E. P. F. contribution upon advance of cancellation of the (PLKS) Visit Pass (Temporary Employment) from the Immigration Department and submit with prove copies documents to the E. P. F. Department in advance period for process. 20.Income Tax: All income above the regulation of the Malaysia Governments Income Tax Department shall be borne by the Employee’s monthly salary. 21.Restriction: a)That the Employee shall not marry with any Malaysian and shall not participate in any political activities and activities of those connected with Trade Union in Malaysia. b)That the Employee shall not changes his employment during the contract period and shall not carry or do business without the written permission from the Employer or shall not allowed to gain employment with other individual institution or organisation during the period of employment. c)Those if the Employee is found creating social problems, misconduct and or engaged in any illegal subversive, commit any crime or criminal activities during he stay in Malaysia. Then he will be dismissed with immediate effect and will be repatriated to Nepal on the Employee owns expenses. d)The Employee shall not commit gross misconduct or breach any of the company’s rules and regulations regarding discipline and work. e)The Employee shall not collect any money from any worker by force for whatsoever reasons. 22.Unresolved dispute
Any and dispute between the parties hereto arising from or relating it his agreement shall be settled amicably through mutual consultation and in accordance with the Employment Act. 1955 and Industrial Act.
23.Application of Law The laws of Malaysia shall govern this Agreement and each of the parties hereby submits to the jurisdiction of the courts of Malaysia. In witness where of the parties hereto have set there hands the days and year first above written. 24.Termination of service: On the occurrence of any of the following events the Employer reserve the right to terminate this agreement in accordance with the provision of the Employment Act. 1955 under intimation to the Royal Nepalese Honorary Consul in Malaysia. a)If the Employee’s breaches any of the restrictions in item 21 and is convicted under the laws of Malaysia. b)If the Employee’s Employment pass is withdraw by the Malaysian authority for any reason whatsoever. c)If the Employee is absent from work for more than two (2) consecutive working days without any valid reason. d)If the Employee is certified medically unfit for employment by the medical practitioner. e)In case the Employee’s of Termination of service in the Employment Contract by serving one month’s notice, the Employee’s instituting such terminations notice shall bear the cost of repartition to the country of origin. f)If the Employee breached any terms and conditions in this employment contract, the Employer will not compensate whatsoever or salary due to the contract period upon submission of written notice. 25.Other terms and conditions: a)That the Employer will pay the basic salary of due months, if any workers are repatriated before completing the contract period. If the termination of either parties will apply accordance by the Malaysia Employment Act. 1955. b)If any worker resigned willingly on his own free will from the service, then the resignation letter must be attested by the ROYAL NEPALESE CONSULATE in Kuala Lumpur.
c)If the Employer terminates any worker from his service, then they must have the termination letter attested by the ROYAL NEPALESE CONSULATE in Kuala Lumpur. Other terms and conditions favourable to the Employer and the Employee not covered herein and which the laws of Malaysia Employment Act. 1955 provide shall apply and shall be the part of the contract. 26.Certification: The Employer and the Employee shall read and fully understand this agreement and certify that the terms and conditions together with the application, constitute their entire agreement or understand that aside from this contract shall be considered null and void. In witness where of the parties have here unto voluntarily signed respective names below on this _____________ date of ____________ 2001 at Kathmandu, Nepal.
-------------------------------Signature of Employer Name Designation NRIC No Chop : : Managing Director : :
---------------------------------Signature of Employee Name : Passport No. :
--------------------------------Witness by, Name : Designation : Date :
----------------------------------Witness by, Name : Designation : Date :