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Employee Retainer Agreement Template for Malaysia

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Key Requirements PROMPT example:

Employee Retainer Agreement

"I need an Employee Retainer Agreement under Malaysian law for a senior software developer who will work remotely for 20 hours per week starting March 1, 2025, with special emphasis on intellectual property rights and data security provisions."

Document background
The Employee Retainer Agreement is designed for situations where organizations in Malaysia require consistent access to professional services while maintaining flexibility in the working arrangement. This document type is particularly useful when companies need to secure regular availability of skilled professionals without a traditional full-time employment structure. The agreement comprehensively covers essential elements such as service scope, payment terms, availability requirements, and professional obligations, while ensuring compliance with Malaysian employment laws and regulations. It's specifically structured to protect both employer and employee interests while providing clear guidelines for the retainer relationship.
Suggested Sections

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

2. Background: Context of the retainer arrangement and brief description of the employer's business and the role

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Term: Details of the position, commencement date, and duration of the retainer arrangement

5. Services and Scope: Detailed description of the services to be provided under the retainer arrangement

6. Remuneration and Benefits: Retainer fee structure, payment terms, and any additional benefits

7. Working Hours and Availability: Expected working hours, minimum availability requirements, and response times

8. Obligations of the Employee: Key responsibilities, duties, and performance expectations

9. Obligations of the Employer: Employer's commitments, including payment and support provisions

10. Confidentiality: Provisions regarding confidential information and trade secrets

11. Termination: Conditions and procedures for terminating the retainer agreement

12. General Provisions: Standard clauses including notices, entire agreement, and governing law

Optional Sections

1. Intellectual Property Rights: Section covering ownership and transfer of intellectual property created during the retainer period

2. Non-Competition: Restrictions on working with competitors during and after the retainer period

3. Non-Solicitation: Restrictions on soliciting clients or employees

4. International Work: Additional provisions for cross-border work arrangements

5. Equipment and Resources: Provisions regarding company-provided equipment and resources

6. Performance Reviews: Structure and frequency of performance evaluations

7. Training and Development: Provisions for professional development and required training

8. Data Protection: Specific provisions relating to personal data handling and PDPA compliance

Suggested Schedules

1. Schedule 1 - Service Description: Detailed scope of services and deliverables expected under the retainer

2. Schedule 2 - Fee Structure: Detailed breakdown of retainer fees, payment schedules, and additional charges

3. Schedule 3 - Benefits Package: Comprehensive list of benefits and entitlements

4. Schedule 4 - Key Performance Indicators: Specific metrics and targets for performance evaluation

5. Schedule 5 - Company Policies: Referenced company policies that form part of the agreement

6. Appendix A - Confidential Information: Definition and examples of confidential information specific to the role

7. Appendix B - Approved Outside Activities: List of pre-approved external professional activities or commitments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























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Relevant Industries

Professional Services

Consulting

Technology

Financial Services

Legal Services

Healthcare

Engineering

Education

Creative Industries

Management Consulting

Relevant Teams

Human Resources

Legal

Finance

Operations

Procurement

Compliance

Risk Management

Administration

Relevant Roles

Consultant

Legal Advisor

Technical Specialist

Business Analyst

Project Manager

Strategic Advisor

Financial Advisor

IT Specialist

Healthcare Professional

Executive Coach

Engineering Consultant

Creative Director

Research Specialist

Subject Matter Expert

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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