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Key Employee Agreement
"I need a Key Employee Agreement for a senior software architect joining our fintech startup in Kuala Lumpur, with strong IP protection clauses and a competitive equity package, starting March 2025."
1. Parties: Identification of the employer and employee with complete details
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position, employment term (fixed/permanent), and probation period if applicable
5. Duties and Responsibilities: Key duties, reporting relationships, and performance expectations
6. Working Hours and Location: Standard working hours, place of work, and travel requirements
7. Compensation and Benefits: Salary, bonuses, and standard benefits package
8. Leave Entitlements: Annual, medical, and other types of leave as per Malaysian law
9. Confidentiality: Protection of company confidential information
10. Intellectual Property: Ownership of work product and innovations
11. Non-Competition and Non-Solicitation: Post-employment restrictions on competitive activities
12. Termination: Grounds for termination, notice periods, and procedures
13. Company Policies: Compliance with company policies and procedures
14. Governing Law: Application of Malaysian law and jurisdiction
1. Equity Participation: Include when the employee is offered stock options or share schemes
2. International Assignment: Include for employees who may be assigned to work overseas
3. Performance Bonus Scheme: Include when offering specific performance-based incentives
4. Garden Leave: Include for senior executives where garden leave may be required
5. Change of Control: Include for senior positions to address rights/obligations upon company ownership changes
6. Inventions and Patents: Include for technical or R&D focused roles
7. Specific Industry Compliance: Include for regulated industries (banking, healthcare etc.)
1. Schedule 1 - Job Description: Detailed description of role, responsibilities and KPIs
2. Schedule 2 - Compensation Details: Detailed breakdown of salary components and benefits
3. Schedule 3 - Company Policies: Key company policies that form part of the agreement
4. Schedule 4 - Restricted Activities: Detailed list of prohibited competitive activities
5. Schedule 5 - Confidential Information: Specific types of confidential information to be protected
6. Appendix A - Statutory Benefits: Summary of statutory benefits under Malaysian law
7. Appendix B - Performance Evaluation Framework: Details of performance assessment criteria and process
Authors
Financial Services
Technology
Manufacturing
Healthcare
Professional Services
Telecommunications
Energy
Real Estate
Consumer Goods
Education
Retail
Pharmaceutical
Construction
Logistics
Human Resources
Legal
Executive Management
Finance
Information Technology
Research and Development
Sales
Operations
Marketing
Engineering
Product Development
Strategy
Business Development
Corporate Affairs
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Managing Director
Regional Director
Head of Department
Senior Manager
Technical Director
Principal Engineer
Senior Scientist
Head of Research
Vice President
General Manager
Chief Operating Officer
Senior Consultant
Lead Architect
Principal Developer
Head of Sales
Chief Marketing Officer
Research Director
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