Employment Contract 1

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EMPLOYMENT CONTRACT
This Employment Contract is made and entered into on this day ___________ month of
____________ 20__ by and between _________________________________________
(Hereinafter called the EMPLOYER) represented in the contract by (Nepal Agent: Name) a
licenced recruiting agency which shall be joint and severally responsible for compliance
herewith, Employee______________________________ of Passport No._______________
Both of whom bind themselves to the following terms and conditions:-

Basic terms of contract:-


1. Employee’s job title or position :
2. Job Description:
3. Basic Monthly Salary:

Allowance:
a) Attendance : = RM
b) Food : = RM
c) Transport : = RM
d) Shift : = RM
e) Overtime (as per Government rule) = RM
f) Any other ………………………… = RM
__________

Total = __________

4. Duration of contract: 3 Years.

5. Travelling expenses and visa fee:


The visa fee and travelling expenses from Kathmandu to Malaysia shall be borne by
Employer. Expenses of the air passage from Malaysia to Kathmandu shall be borne
by Employer upon completion of this contract.

6. Accommodation:
The employer provides free accommodation to the workers with free water and
electricity supply
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Basic minimum monthly salary should not be less than RM1000/month for General Workers (i.e.RM
38.47/day*8 hours*26 days= RM1000) and RM 1050 for Private Security Guards (i.e. 40.39/day*8hours*26
days =RM 1050 ) and RM 1140 for construction workers (43.85/day*8hours*26 days =RM 1140) excluding
overtime and other allowances
7. Food: (specify)

8. Working days and working hours: 8 hrs per day and 6 days per week.

9. Overtime:
According to Malaysian Labour Law as follows:-
on normal days: salary x 1.5
on Sundays / rest days :salary x 2.0
on Public Holidays: salary x 3.0

10. Annual Leave, Sick Leave and Public Holidays:


In accordance with Malaysian Labour laws:

Annual leave of 8 days for the first two years of service; for period of service between
two to five years the employee would qualify for 12 days of leave; and for services of
more than five years the employee would qualify for 16 days of leave

Sick leave (without hospitalisation):


14 days for each year of service for service less than two years; and 18 days for
services between two to five years; and 22 days annually for services exceeding five
years.

And in case of hospitalisation, the employee qualifies for 60 days leave in each
calendar year.

The employee shall be entitled to be paid holiday for a total of 10 Public holidays in
any one year of service that must include the following four days:

1. the National day


2. the birthday of the Yang di-Pertuan Agong
3. the birthday of the Ruler of the State as the case may be and / or the Federal
Territory day where the employee in working in such an area.
4. Labour day
5. and another six more days from:-

Chinese New Year - 2 days


Hari Raya Puasa - 2 days
Hari Raya Haji - 1 day
Deepawali - 1 day
Christmas day - 1 day

11. Medical treatment:


The employer shall bear the cost of employees' medical treatment.

12. Yearly Medical:


Yearly medical examination will be arranged as required by the Immigration
Department of Malaysia and cost incurred will be borne by employer.

13. Insurance
The Employer shall provide insurance policy as per the existing Foreign Workers
Compensation Scheme.

14. Deceased
In the event of any employee’s death in the course of his/her employment, the
employer shall be responsible to arrange for the body of deceased to be repatriated to
his/her next of kin in Nepal and necessary repatriation expenses shall be borne by the
employer.

15. Recruitment Cost:


The employer shall comply with the recruiting rules and regulations of the
Government of Malaysia and the Government of Nepal. The workers and recruiting
agencies shall not be charged beyond the given limitations*.

16. Government Levy:


The payment of Government Levy will be as per prevailing laws in Malaysia. Any
other relevant fees and charges in respect to Nepalese workers/security guards shall
be borne by the employer.

17. Age: ( – yrs.)

18. Restriction
a. That the Employee shall not change his/her employment during the contract
period and shall not carry or do business without the written permission from
the Employer.
b. That if the Employee is found with evidence creating social problems and or
engaged in any illegal subversive or criminal activities, then he/she will be
dismissed with immediate effect and will be repatriated to Nepal on his/her
own expenses.

19. Termination of service :

(i) That if the Employee breaches any of the restrictions in Clause 17 above or is
convicted of any offence under any of the laws of Malaysia.

(ii) That if the Employee’s Work Permit is withdrawn by the Malaysian authorities on
legal grounds.
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 The maximum service charge of recruitment for a Nepalese worker to come to
Malaysia is Nepalese Rs. 10,000 as stipulated by the Government of Nepal
(iii) That if the Employee is absent from work for more than two (2) consecutive
working days without a reasonable cause or leave.

(iv) That if the Employee is found to be underage on first appointment entry.

(v) That if an authorised medical doctor certifies the Employee medically unfit for
employment.

20. Other terms and conditions:

The Employer shall pay the basic salary of due months, if any workers are repatriated
before completing the contract period, for whatsoever reason.

Other terms and conditions favourable to the employer and employee not covered
herein and which are provided by the laws of Malaysia shall apply and shall be the
part of the contract.

21. 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 any other conditions set besides this contract shall
be considered null and void.

In witness whereof the parties have here unto voluntarily signed their respective names below on
this ________________date of ______________ 20__ at Kathmandu, Nepal.

__________________________ __________________
Employer’s Authorised Signature Signature of employee

Name: Name:
Designation: Passport No:
NRIC No:
Company Chop:

Witness by: Witness by:


Name: Name:
Designation: Designation:
Date: Date:

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