CONTRACT OF EMPLOYMENT
This CONTRACT OF EMPLOYMENT is made on this day 7 month of
JUNE 2023 between RESTORAN MANNSALWA NILAI (Hereinafter
referred to as “the Employer”) of one part and CHOWDHURY
JABED , PASSPORT NUMBER: A03138228, (hereinafter referred to
as “the Worker”) of the other part.
WHEREAS the Employer shall employ the Worker in accordance
with the terms and conditions of this Contract of Employment and
subject to the laws, regulations, rules, national policies and
directives of Malaysia.
IT IS HEREBY AGREED as follows:
1. Duration of this Contract of Employment
The duration of this Contract of Employment shall be for a 2
(TWO)year(s)
Commencing on the day of arrival of the Worker in Malaysia
until such time the Contract of Employment.
2. Wages
2.1 The Worker shall receive a basic wage of RM 1,500.00
(excluding allowances and overtime). This basic wage shall
comply with national minimum wage.
2.2 Wages shall be paid by the Employer on a monthly basis
not later than seventh day from the wage period.
2.3 The payment of the monthly wages shall be made through
a bank account in the worker’s name.
3. Working Hours
Working hours shall be eight (8) hours per day in accordance
with the labour laws in Malaysia. There are two (2) shifts :
Shift 1: 6.30 am to 3.30 pm
Shift 2: 3.30 pm to 12.30 am Lunch
Hours : 1 Hours
4. Overtime
In the event the Worker, upon the request by the Employer,
agree to work in excess of his normal working hours, the
Worker will be paid: -
Normal day Overtime : x1.5 = RM 10.80 per hour
Rest Day Overtime : x2.0 = RM 14.40 per hour
Public Holiday Overtime : x3.0 = RM 21.60 per hour
5. Rest Day
5.1 The Woker shall be entitled to one (1) rest day in each
week.
5.2 In the event the Worker, upon the request by the employer,
agrees to work on such rest day the worker shall be paid:
Less than 4 hours of Normal Hours : ½ ORP : RM 28.80
More than 4 hours of Normal Hours: 1 ORP : RM 57.70
***ORP refer to Ordinary Rate Pay
6. Public Holiday
6.1 The Worker shall be entitled to 11 Days of public holidays
as a list below:
a) Malaysia Day 1 Day
b) Merdeka Day 1 Day
c) Labour Day 1 Day
d) Federal Territory 1 Day
e) Agong Birthday 1 Day
f) Hari Raya Aidilfitri 2 Day
g) Hari Raya Haji 1 Day
h) Deepavali Day 2 Day
i) Christmas Day 1 Day
6.2 In the event the Worker, upon the request by the
employer, agrees to work on such public holiday, the worker
shall be paid Less than 8 hours of normal hours 2 times of
ORP= RM 115.40 per day
7. Annual Leave
The Worker shall be entitled to annual leave in accordance
with the labour laws in Malaysia as below:
8. Sick Leave
The Worker shall be entitled to a paid sick leave in accordance
labour laws in Malaysia as below:
YEARS OF SERVICE ENTITLEMENT
Below 2 Years 14 Days
2 Years to 5 Years 18 Days
5 Years above 22 Days
9. Accommodation
The Employer shall provide the Worker with reasonable
accommodation with basic amenities in accordance with the
laws, regulations, rules, national policies and directives in
Malaysia.
10. Termination
YEARS OF SERVICE ENTITLEMENT
Below 2 Years 8 Days
2 Years to 5 Years 12 Days
5 Years above 16 Days
10.1 Either party is entitled terminate this contract of
employment by giving Two (2) Months notice in writing to
that effector to forthwith terminate the same by paying, in lieu
of such notice, an amount equivalent to TWO (2) Months of
your then current salary, to the other party.
10.2 However, with regards to termination of employment
due to gross misconduct, no notice of termination or payment
in lieu of notice is required to be given.
10.3 Notwithstanding the above clause, the company
reserves the right in the event of you resign, to release you
from your employment with the company before the expiry of
your notice period, but salary nonetheless be paid up to the
last day of your notice period.
10.4 Any other situation not mentioned in this contract but if
it is outside the control of either party or which affects the
performance of this contract then neither party will have any
claim whatsoever on the termination of this contract (including
the remaining of the duration of this contract) by reason
thereof.
11. Extension
The employer and the Worker may amend this Contract of
Employment to incorporate any other terms and conditions
which shall be more favourable to the Worker.
12. Outstanding Wages
In the event the worker is to be repatriated before the expiry of
this Contract of Employment, the employer shall pay all
outstanding basic wages and all other payments owed to the
worker subject to relevant laws, regulations, rules, national
policies and directives relating to employment applicable in
Malaysia.
13. Amenment
The Employer and the Worker may amend this Contract of
Employment to incorporate any other terms and conditions
which shall be more favourable to the Worker.
14. Time is an Essence
Time whenever mentioned shall be the essence of this
Contract of Employment.
15. Interpretation
In the event there is a conflict of interpretation between the
English text and text in any other language used in this
Contract of Employment; the English text shall prevail.
16. Laws
This Contract of Employment shall be subjected to the laws of
Malaysia.
IN WITNESS WHEREOF the parties hereto have signed this
Contract of Employment on the day and year mentioned at the
beginning of this
................................................ .............
.........................
(Director)
(Worker’s Signature)
Name: SYED MOHAMED BIN MOHD Name:
CHOWDHURY JABED
HANIFFA
IC : 760816-71-5001
Passport
Number : A03138228
