Sei sulla pagina 1di 7

This Agreement is made this ............... day of ............... year ...............

between FAIS Southern Resources (M) Sdn Bhd a company registered in Malaysia and having its registered office at No. 63, Jalan 8/5, Seksyen 8, 43650 Bandar Baru Bangi, Selangor Darul Ehsan, Malaysia (hereinafter called 'The Employer') on one part and ....................................... of BANGLADESH Passport No. ............................ (hereinafter called 'The Worker') of the other part. WHEREBY IS AGREED as follows :1. WORKER'S APPOINTMENT / NATURE OF WORK 1.1 1.2 1.3 1.3 The Worker shall work in The Employer's plantation as a general worker and any other general works specified by The Employer. All works must be carried out according to the instructions given by The Employer. Allocation of working area and other operation will be decided by The Employer. It is the PREROGATIVE of The Employer to assign The Worker to work in any plantation under The Employer's Management / Administration, therefore The Worker is to work in the plantation that has been assigned for by The Employer.

2.

RESTRICTIONS 2.1 The Worker shall not work or attempts to work for anyone else other than in The Employer's factory in Malaysia during the course of this Agreement. The Worker shall not be allowed to marry a Malaysian Citizen or Permanent resident. The Worker must obey The Employer's Standard Rules And Regulations. The Employer shall keep The Worker's Passport and Entry Permit during his stay In Malaysia. The Worker shall not participate in any political activities. The Worker shall not commit any crime during his stay in Malaysia.

2.2 2.3 2.4 2.5 2.6

2.7

The Worker shall return to his homeland immediately after completion of this Agreement and or upon termination of this Agreement by either party. The Worker shall not instigate or prevent other workers from working and or to strike and or create any problem which may jeopardise the efficiency and productivity of The Employer. The Worker shall not be accompanied by his family. Only workers certified medically fit by The Employer's Medical Officer are to be employed. The Worker shall not demand or collect any money from other workers by force for whatsoever reason.

2.8

2.9 2.10 2.11 3.

PERIOD OF EMPLOYMENT 3.1 The Worker shall serve a probationary period of three (3) months during which The Employer may terminate his service if his performance is deem unsatisfactory. The employment of The Worker shall be for a period of twenty four (24) or until terminated in accordance with this Agreement. This Agreement may be extended for a further period of twelve (12) months after expiry by mutual agreement subject to the Malaysian Immigration Department's approval. The employment of The Worker shall commence from the day The Worker commences work at the place of employment.

3.2 3.2

3.3 4.

WORKING HOURS 4.1 4.2 The working hours of The Worker shall be that in accordance with the Law of Malaysia and the standing practise of The Employer. The Employer shall pay The Worker an overtime allowance in excess of the normal working hours when employed as a daily rate worker.

5.

SALARY / WAGES 5.1 The Worker shall be paid salary/wages on daily rates and in accordance with the following :Wages / day / 8 hours RM 18.50 Wages / month Min RM 700.00

Type of Work General Workers 5.2 6.

Rest day, hours of work, holidays and other conditions of service shall be in accordance with The Employment Act 1955.

VACATIONS LEAVES, SICK LEAVES AND PUBLIC HOLIDAYS 6.1 The Worker is entitled to ten (10) paid public holidays and a maximum of fourteen (14) days sick leaves as per Malaysian Labour Law. Any worker not reporting for work before and after a gazetted Public holiday will not be entitled to be paid for that Public Holiday. Any worker who wish to take shot leave (1-2 days) must get the approval from the Management staff. A Leave Letter must be carried at all times when on leave and must return to report for duty on time.

6.2

6.3

7.

MEDICAL The Employer shall provide medical and hospitalisation facilities in accordance with the Labour Law of Malaysia.

8.

FOREIGN WORKERS COMPENSATION SCHEME INSURANCE (FWCS) 8.1 Under Labour Act for foreign workers, employer should purchases a Foreign Workers Compensation Scheme Insurance (FWCS). All person injured whilst carrying out normal duties during their working hours will be compensated by the FWCS Scheme for both temporary and permanent disability caused by such injury.

8.2

9.

DECEASED WORKER In the case of a worker dies in the course of his employment, The Employer shall arrange for the deceased to be repatriated to his next of kin in his country of domicile. All expenses incurred shall be borne by the FWCS Insurance.

10.

TERMINATION OF SERVICE 10.1 The Employer reserves the right to terminate this Agreement in accordance with the Employment Act 1955 in any of the following event if The Worker : Commits gross misconduct or breach of any rules and regulations regarding discipline and work or is convicted under the Law of Malaysia. During the course of this Agreement, works or attempt to work for anyone else other than The Employer in Malaysia or elsewhere. Has his Temporary Employment Visit Pass cancelled by the Government of Malaysia for any reason whatsoever. Notwithstanding any of the terms and conditions aforesaid The Employer reserves the right to terminate this Agreement immediately, without prior notice when The Worker : Fails to return for duty up to three (3) days on the completion of the stipulated leave, paid or unpaid leave granted by The Employer. Is absent for work for more than three (3) working days without a valid reason. Attempt to or instigate or prevent other workers from working. Attempt to or involve in strike. Is prevented by any other Government Authority from going to Malaysia if The Worker's application for work is not granted by the Immigration Department of Malaysia.

(i)

(ii)

(iii) 10.2

(i)

(ii) (iii) (iv) (iv)

(v) (vii)

Breach any of the rule and regulation under the Law of Malaysia. Demand or collect any money from other workers by force for whatsoever reason.

11.

TOOL 11.1 11.2 11.3 11.4 All tools necessary to carry out jobs offered to The Worker will be provided by The Employer. All tools supplied by The Employer shall be maintained in good working order by The Worker. The Worker will be responsible for the safekeeping of all tools supplied to him by The Employer. The Employer reserves the right to recover the value of the tools which have been willfully damaged or lost by The Worker. The Worker shall return such tools supplied either at the request of The Employer or upon termination of Employment.

11.5 12.

AIR TICKET The Worker shall provide his own air ticket from his homeland to Kuala Lumpur. After completion of contract period, The Employer will provide air ticket for The Worker from Kuala Lumpur back to his homeland.

13.

ACCOMMODATION 13.1 The Employer shall provide free accommodation. The accommodation shall be shared with reasonable number of workers. The Worker shall provide his own food, drinks and clothing. Water and electricity will be provided free of charge.

13.2 13.3

14.

EXPLAINATION (BRIEFING) TO WORKER The Employer shall brief and or explain to The Worker with regards to the terms of employment which include type of works, salary / wages, facilities provided and standard regulations of The Employer before commencement of employment.

15.

MEDICAL EXAMINATION Only worker certified medically fit by The Employer's Medical Officer will be employed.

16.

MONTHLY SAVINGS

The Employer will make the necessary arrangements for monthly savings upon request in writing by The Worker. For each monthly saving made. The Employer shall produce an official receipt. The savings shall be refunded to The Worker upon completion of his contract of service. 17. TAX

The Employer has a right to deduct all taxes due from The Worker's salary/wages. 18. FOREIGN WORKER LEVY

The Employer shall make the necessary arrangement for the payment of levy subject to the Government of Malaysia policy currently in force. 19. UNRESOLVED DISPUTES

The Law of Malaysia shall be the only Law applicable to this Agreement for the determination of any unresolved disputes and court jurisdiction shall be that of the courts of Malaysia. In WITNESS Whereof the parties hereto have set their hands on the day and year first above written.

Signed by the Manager for and on behalf of the Employer

in the presence of

............................................... Employer

Signed by The Worker in the presence of

.............................................. Employee

Potrebbero piacerti anche