BASIC TERMS AND CONDITIONS OF THIS EMPLOYMENT CONTRACT
1. EMPLOYER'S RESPONSIBILITY
The employer (or his attorney in pakistan) shall brief and explain to the employee with regard to the terms and condition of employment, which include type of work, salary/wage, facilities provided and the standard regulations of the employer company, before commencement of employment
2. JOB CATEGORY
| a) |
Employee's job title or position |
Petrol Station Worker
Petrol station cleaner including toilet, worker Need to work as multipurpose worker including cashier and pump attendant |
| b) |
Nature of Work (Briefly) |
Petrol Station Worker |
| c) |
Age |
18-35 yeras old |
| d) |
Sex |
Male |
3. SALARY
3.1
Basic Monthly Wages
| a) |
Basic Monthly Salary |
RM 900.00 per month |
| b) |
Overtime Allowance |
78@ RM 6.49 Per hour = RM 506.00 |
| c) |
Other Allowance |
Nil |
3.2 Payment of aslary shall be made at the end of each calendar month and not later than 7th day of the following month.
4. Working hours
4.1 The employee shall perform 8 hours work in a day (48 hours or six days per week).
4.2 Any additional work done beyond the normal working hours (overtime) shall be rewarded in accordance with the rate provided in the Malaysian Employment Act. Overtime rate for weekDays will be paid based on 1 hour x 1.5 hours, Overtime rate for rest Days will be paid based on 1 hour x2.0 hours and Overtime rate that is for Public Holiday will be paid based on 1 hour x 3.0 hours.
4.3 Any overtime shall be performed as duly authorized by the Site manager or any other authorized personnel of the Company.
5. DURATION OF EMPLOYMENT
5.1 The employment contrack shall be for a period of Three (03) yeras from the date of arrival of worker.
5.2 This Contract may be extended for another two (02) yeras by mutual agreement of both parties and subject to the approval of relevant authorites.
5.3 The employee shall serve a probation period of three (3) months from the date of arrival.
6. ADEQUATE WORK
Subject to the provision of the Malaysian Employment Act, the Company shall be bound to provide the employee with sufficient work suitable to employee's capcity for the full duration of this Contract.
7. ACCOMMODATION
7.1 The employer shall provide the employee free accommodation with necessary amenities including water and electric supply.Necessary kitchen items such as stove, gas cylinders, etc. will be provided by the employer.
7.2 The employee shall be housed in a decent and suitable accommodation shared with a reasonable number of employees.
7.3 The employer will provide to workers, free of cost, necessary construction / factory site safety equipments such as shoes, gloves, glasses, ear plugs, helmets, etc.
7.4 The employee will be stricly forbidden to bring his friends or relatives to stay overnight in the accommodation, provided by the Employer.
8. MEAL / FOOD AND LAUNDRY
The cost will be born by the Employee.
9. MEDICAL BENEFIT
The workers will be entitled to free medical treatment including medical treatment for the Site injuries, except for self-inflicted injuries such as sexually transmitted diseases or any other chronic diseases that has been carried by the Employee from his own country.
10. YEARLY MEDICAL CHECKUP
The employer will arange and bear cost of the yearly medical examination of the employee, as required by the Immigration Department of Malaysia.
11. ANNUAL LEAVE, SICK LEAVE AND PUBLIC HOLIDAYS
11.1 There will be at least 8 days of annual leave for the 1
st and 2
nd years; 10 days for the 3
rd and 4
th years; and 12 days for 5
th year onword. The Employee shall be entitled for paid annual leave in accordance with the Malaysian Employment Act 1955.
11.2 Any employee who wishes to take leave must obtain prir written approval of the employer at least three (3) days in advance and ensure to report for duty on time.
11.3 There will be aggregate 18 days of paid sick leave and necessary medical expenses, duly certified by the employer's panel doctor, will be borne by the employer.The Employee shall be entitled for paid sick leave if certified by medically unfit to work by the employer's panel doctor.
11.4 The employee shall be entitled for the Public Holidays of the state and the Federal Government of Malaysia.
12. INSURANCE COVERAGE AND SECURITY BOND
12.1 The employer shall provide full insurance coverage (free for the employee) such as Workmen Compensation Scheme for Foregin Workers or Personal Accident Ploicy against accident during the course of employment.In case of an accident the employer shall be responsible to help the concerned employee to submit claim for the compensation. This coverage involves both disability (all types) caused by injury and death.
12.2 the Security bond shall be borne by the employer.
13. GOVERNMENT LEVY ANDIMMIGRATION FEES
13.1
The employer will make payment of the levy in advance and this amount shall be deducted back from the employee's salary in twelve months
13.2 All other immigration fees / charges will be borne by the employer.
14. TRANSPORATATION
14.1 The employer shall be responsible to provide suitable transport to the employee / worker for duty from and to / between the work site and the worker's hostel.
14.2 In other cases, whenever necessary the employer shall provide free suitable tansportation to and between work site and hostel.
15. INCREMENT, BONUS AND OTHER ALLOWANCES
Any increment, bonus and/or allowances shall be given at the sole discretion of the employer. The employer shall review the salary and will have the sole discretion to decided for any increment, bonus and allowances after six (6) months of the employment period.
16. TRANSPORATATION OF THE DEAD BODY:
In case the employee dies in thecourse of his employment, the employer shall be responsible to arrange for repatriation of the dead body of the deceased to his next of kin in Pakistan and necessay repatriation cost shall be borne by the Employer.
17. TRAVELING EXPENSES
17.1 Air ticket for employee from Pakistan to Malaysia shall be borne by the employee, and upon completion of the Employment contract the traveling expenses, including air ticket, from work place to Pakistan shall borne by the employer.
17.2 In case of pre-mature / early termination of employment due to reasons as stated in the articles 18 and 19 below, the employee will be responsible for the pay for his own return air ticket from Malaysia to Pakistan.
18. RESTRICTION
18.1 The Employee shall not be allowed to engage in any employment with any other individual, organization or institution during the period of this Contract.
18.2 The employee shall not be accompanied to Malaysia by his family or friends.
18.3 The employee shall not involve himself in any action or inaction amounting to misconduct or breach of any local law / rule and . or any regulation . order regarding discipline and work.
18.4 The employee shall not commit any immigration violation or crime during his stay in Malaysia.
18.5 The employee shall not resort to any strike nor involve himself in any other tactics such as go slow etc. He shall not engage himself in any ploitical or Trade Union activity in Malaysia, nor instigate others to commit such acts / activites.
18.6 The employee shall not collect any money from any other fellow/co-worker by force or coercion for whatever reason.
18.7 The employee shall not engage in any romance relationship and/or marry and/or intend to marry any Malaysian national during the continuance of the period of this Employment Contract.
18.8 The employee shall strictly follow Malaysian laws and Company's rules and regulations which are necessarily imposed by the management or relevent authorities.
19. TERMINATION OF EMPLOYMENT
The employer reseves the right to immediately terminate this Contract with employee on occurrence of any one or more of the followingevents:
19.1 If the employee breaches any one or more of the restriction of Clause 18, mentioned above or is convicted of any offence under any law of Malaysia.
19.2 if the employee's Employment pass is cancelled / withdrawn by the Malaysian Authorities for any reason whatsoever.
19.3 If the employee is absent from work for more than three (3) consecutive working days without any reasonable excuse, or prior approval.
19.4 If the employee is discivered/found to be under twenty one (1) years old or over age, in terms of para 2 (c) above.
19.5 If the doctor certified the employee to be medically unfit for employment.
20. DISPUTE SETTLEMENT AND APPLICATION OF LAW
20.1 Any and all disputes between the two parties hereto arising from or relating to this Contract shall be settled:
20.1.1 Amicably, through negotiations and mutual consultation in accordance with local Malaysian Employment Act and
20.1.2 In case of non-resolution of conflict through mutual consultation, legal remedies may be sought in accordance with Malaysian employment Act of 1955, and other relevant laes, rules, regulations and orders made there under.
20.2 The information of any labour dispute should be notified to the high Commission for Islamic republic of Pakistan at Kuala Lumpur
21. DUE PERFORMANCE
The failure of the employer to require the performance of any items of his contract or the waiver of the employer of any breach of any term of this Contract by the Employee shall not prevent subsequent enforcement of such term, nor be construd as a waiver of any rights the employer may have under any term of this Contract.
22. OTHER TERMS AND CONDITIONS
22.1 The Employer will pay the basic salary of the remaining months of the contract, if the employee / worker is repatriated, before completing the contractual period, for no fault of the employee.
22.2 If the employer terminates the service of the employee before completing the contractual period, but not due to the fault of employee, the employer must compensate duly to the worker and the air ticket for his repatriation to Pakistan will be borne by the employer.
22.3 If any employe resigns willingly on his own free will from the service before completing the contract, then the air ticket for repatriation will be borne by the worker.
23. CERTIFICATION
23.1 The employer and the employee shall read and fully understand this Employment Contract and certify that the terms and conditions together with the application constitute their entire agreement.
23.2 The employer and the employee understand that the terms and conditions favorable to the employe and employee, which are not mentioned in this contract and are provided by the laws of the country of employment, shall apply and be a part of the Contract.
23.3 If there is any conflict between any provision of this Employment Contract and the provision(s) of any of the malaysian law(s), the provision(s) of the Malaysian law(s) will prevail over the provision(s) of this contract.
24. MISCELLANEOUS
The Malaysain goverment's approved outsourcing system place mandatory conditions on the outsourcing companies in respect of foreign workers they employ in Malaysia to be responsible for inter alia the following:
24.1 Ensure that the workers have work every day and month, if not company must pay a minimum allowance of RM 400.00 per month to them.
24.2 Salary paid using biometric system.
24.3 Provide accommodation and transportation to the workers.
24.4 Provide medical benefits and foreign workers comensation insurance scheme to the workers.
