Labour Ordinance [Sarawak Cap. 76]
CONTRACT OF SERVICE
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(section 2(1))
A contract of service for a specified period of time one month must be in writing and must be signed by both parties, and should include the particulars as prescribed by Labour(Content of Contract) (Sarawak) Rules 2008 as follows:
(a)Name and address of employer, nature o business and place of employment
(b)Name of employee
(c)Identity card number, Passport/Immigration Pass number and date of expiry (for non-resident employee)
(d)Occupation and the job description
(e)Duration of employment (for non-resident employee)
(f)Period of notice of termination or payment in lieu of notice
(g)Rates of wages and the manner and frequency of payment, the advances of wages and the manner of repayment
(h)Conditionsof repatriation
(i)Provision of other benefits provided for the welfare of the employee and his dependents
(j)Allowances payable and rates
(k)Rates for overtime work
(l)Other benefits (including approved amenity/service or any approved payment scheme)
(m)Normal hours of work per day
(n)Number of days of holiday entitlement and annual leave
(o)Age of retirement
(p)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
For inquiries, please contact:
PejabatTenagaKerjaBintulu
Tingkat 2, Wisma Persekutuan
JalanTunRazak, PetiSurat 418
97008 Bintulu
Telephone: 06-331188
Fax: 086-339457
Email:
SAMPLE CONTRACT
(Letter Head)
(Date)
(Name, I.C No or Passport No, Address 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, Jalan Sultan Iskandar, 97000 Bintulu
Scope of Work
Your duties are specified in the job description attached herewith as “Appendix A”
Duration of Employment
You will commence employment on 1st January 2013. You will have to undergo a probationary period of three calendar months. At the end of this period your performance will be reviewed by the company. The company reserves the right to confirm or terminate your employment or to extend your probationary period for another three calendar months.
Notice of Termination or Payment in Lieu of Notice
During the probationary period, either party is required to serve seven days’ written notice, or pay seven days wages in lieu of such notice. After confirmation, the termination notice 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 starting basic wages will be RM1,000.00 (Ringgit Malaysia One Thousand) per month. Your wage period will be a calendar month and wages will be paid not later than seven days in the immediately succeeding month. Wages will be paid at the place of employment.
Advance of Wages and the Manner or Repayment
Advances 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 deduction from the wages and it shall not exceed fifty percent of the monthly wages.
Condition of Repatriation
You are entitled to be repatriated to your home town at the company’s expense if your contract is terminated for whatever reasons. The repatriation expenses will include travelling cost, and subsistence allowances equivalent to a day’s wages for each day until arrival at your home town. If the journey involves overnight stay the company will provide you or make the necessary arrangement so that you will be provided with decent accommodation.
Benefits and Welfare
(a)Maternity Leave
You will be entitled to 6 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 four surviving children;
(ii)You have been employed at least for one full day during the period of four months immediately preceding your confinement; and
(iii)You have been employed for an aggregate of not less than ninety days during the period of nine months immediately preceding your confinement.
(c)Sick Leave
You will be entitled to paid sick leave as follows:
(i)14 days per calendar year if you have been employed for less than two years
(ii)18 days per calendar year if you have been employed for two years and more but less than five years; and
(iii)22 days per calendar year if you have been employed for five years and more.
Where hospitalization is necessary you will be entitled to sixty days paid sick leave per calendar year, inclusive of the above-mentioned sick leave entitlement per calendar year.
The cost of your medical examinations will be paid by the company provided that all the claims are supported by receipts from a registered medical practitioner.
Allowances Payable and Rates
You will be paid the following allowances:
(i)Cost of Living Allowances: RM200.00 per month
(ii)Telephone Allowances: RM50.00 per month
(iii)Transport Allowances: RM50.00 per month
(iv)Housing Allowances:RM100.00 per month
Rates for Overtime
(a)Normal working day
You may be required to work beyond your normal working hours. In that case you will be paid at the rate of one and a half times your hourly rate of pay for every extra hour worked.
(b)Work on rest day
You may be required by the company to work on Sunday. 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 your hourly rate of pay.
(c)Work on Public Holidays
You may be required to 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 for the extra hours.
To remove all doubts in the interpretation of normal hours of work on a public holiday or rest day it will be the same as normal hours of work for week days.
Other Benefits
(a)Group Personal Accident Insurance Scheme
You will be covered by the Group Personal Accident Insurance Scheme and the cost of this scheme will be borne by the company.
(b)Annual Bonus
Bonus will be paid based on your performance and at the discretion of the company.
Normal Hours of Work per Day
Your normal hours of work per day will be as follows:
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
(a)Public Holidays
You will be entitled to paid public holidays that are gazette under the Public Holidays Ordinance (Sarawak) and four of which, namely, the National Day, the Birthday of the Yang Di-PertuanAgong’s, the Birthday of the yang Di-PertuaNegeri 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 holiday on any additional public holiday declared by the State Government.
(b)Annual Leave
You will be entitled to paid annual leave as follows:
(i)8 days for every twelve months of continuous service if you have been employed less than two years
(ii)12 days for every twelve months of continuous service if you have been employed for a periodof two years or more but less than five years
(iii)16 days for every twelve months of continuous service if you have been employed for a period of five years or more.
Age of Retirement
You will retire upon reaching the age of sixty years old.
Specific Condition
Your employment will be subject to rules and regulations 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 latter.
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
Date: