EMPLOYMENT CONTRACT

WHEREAS the employer is a company with its subsidiaries, inter ails carrying on Manufacturing / Construction Sector in [Country] and require Vietnam workers to be employed in the company or any of its subsidiaries and or management related companies, and the employee is desirous of being employed by the employer as a [position] in the company.

1•  EMPLOYER'S DUTY

The employer shall brief and or explain to the employee with regard to the terms and conditions of employment which include type of works, salary/ wages, facilities provided and the standard regulations of the company before commencement of employment.

2•  PERIOD OF EMPLOYMENT

2.1 The employment contract shall be for a period of (3) years from the date of arrival.

2.2 This agreement may be extended for a further period of One (1) year by mutual agreement subject to the relevant approval from the [Country] Authority

2.3 The employee shall serve a probationary period of Three (3) months from the date of arrival during which the employer may terminate his employment if the employee does not perform his work, employee hereby acknowledges that the employer shall retain the discretion to determine whether the work performed by the employee were of satisfactory standard.

3. EMPLOYEE'S PHYSICAL CONDITIONS

The employee hereby acknowledges that this agreement being first certified that he is medically fit for employment by the medical practitioner appointed by the employer.

4.1 The Employee agrees to work for the Employer in the position as [ position ] at the basic wages rate of [xxxxx] /day . Wages shall be paid by the Employer to the Employee in cash not later than the 7 th of the following month in one payment. Payment of wages directly into the Employees bank account, which may be opened with the consent of the Employee. No deductions can be made by the Employment from the wages of the Employee unless otherwise prescribed by applicable laws and regulations.

4.2 Overtime rate will be applied according to [Country] labour Law as follows:
Normal Day : x 1.5 basic salary
Sunday Rate : x 2.0 basic salary
Public Holiday : x 3.0 basic salary

5.1 Six working days per week.

5.2 The employee shall perform (8) hours daily (rest ,meal, own movement, and other break time shall not be pay for salary)

5.3 Working hours that exceeded (8) hours per day shall be eligible for overtime claims in which the rate shall be in accordance with the labour law.

5.4 No overtime shall be performed unless duly authorized by the Company Manager or any other authorized personnel in the company.

6•  ADEQUATE WORK

Subject to the provisions of the Employment Act 19xxx, the company shall be bound to provide the employee with sufficient work suitable to his capacity during the duration of this agreement.

7•  ACCOMMODATION

7.1 The employer shall provide free accommodation.

7.2 The employee shall be accommodated in a house or room shared with reasonable number of employees.

7.3 The employee is strictly prohibited to bring in friends or relatives to stay in the quarter.

7.4 The accommodation shall mean the basic accommodation requirements and does not include other facilities such as entertainment electrical or electrical items, decorative, etc.

7.5 Water &electric Bill shall paid by the employer at a fix rate.

8•  FOOD

8.1 The employee shall be responsible for his own food, drinks and clothing's

8.2 Cooking utensils shall be provided by the employer. And replacement in future shall at the workers own expenses. Cooking utensils shall mean the basic cooking utensils and not inclusive electrical appliances and sophisticated utensils.

9•  MEDICAL BENEFITS

Provided by the company subject to illness contracted during his stay in [Country] and not applicable to illness carried from country of origin. The Employer reserves the right to refuse such provision to the workers in the event if the illness is a result from engaging in immoral and the illegal activities such as drug abuse, fighting , prostitution and the other activities deemed as immoral illegal in [Country] or abuse of this benefit by the workers.

10. INSURANCE

11•  BENEFITS

The Employer shall provide Annual Leave and Public Holiday off as per [Country] Employment Act 1995 and per Company practice.

12•  MEDICAL LEAVE

Provided in accordance to labour law and the discretion of the employer, 14 days one calendar year. The employer reserve the right to refuse such leaves to the worker in the event if :

A•  The attending doctor is not the appointed company's panel doctor.

B•  The medical certificate is not from the appointed company's panel doctor.

C•  The worker is not recommended for medical leave by our panel doctor.

D•  The worker failed to produce medical certificate by our panel doctor.

E•  The worker have VDRL. TPHA or other illness treatment.

13. TRANSPORTATION

14. INCREMENT AND BONUS

The employer is not bound to give bonus and increment. Any bonus or increment if given shall be the sole discretion of the employer.

15.  AIR PASSAGE

15.1 The employee will provide his own air passage from Vietnam to Kuala Lumpur .

15.2 Upon completion of the (3) years employment contract, the employer shall provide the employee a free air ticket K. L. to Vietnam .

15.3 If any employee prematurely terminate this agreement before the (3) years contract period, he may do so at his own expense.

16.  GOVERNMENT LEVY AND IMMIGRATION FEES

16.1  Bank Guarantee (RM1500.00) and Processing Fees (RM 50.00 ) and Visa Fee (RM13.00) and PLKS is provided by the employer

16.2  Government Levy @RM 1200.00 are provided advanced by the employer will be deducted from the employee's salary in (12) equal months.

17. RESTRICTIONS

17.1 The employee shall not be allowed to gain any employment with other individual institution or organization during the period or employment.

17.2  The employee shall not be accompanied by his family or friends.

17.3 The employee shall not commit gross misconduct or breach any of the rules and regulations regarding discipline and work.

17.4 The employee shall not commit any crime during his stay in [Country] .

17.5 The employee shall not strike or involve in any strike or instigate other to strike.

17.6 The employee shall not collect any money from any workers by force for whatsoever reasons.

17.7 The employee shall not married or co-habit with any [Country] and shall not particulate in any [Country] political activities.

18. TERMINATION OF SERVICE

The employer reserves the right to terminate this agreement by serving one month notice to the employee on the assurance or any of the following events and such notice of termination must be attested by the Embassy:-  

18.1 If the employee's Employment Pass is withdrawn by the [Country] authority for any reason.

18.2 If the employee is absent from work for more than Three (3) consecutive working days without a valid reason.

18.3 If the employee is discovered to be less than (18) years of age.

18.4 If the employee is certified medically unfit for employment by the medical practitioner appointed by the employer in the probationary period.

19. DECEASED EMPLOYEE

In case of any employee dies in the course of his employment, the employer shall be responsible to arrange for the deceased to be repatriated to his next of kin in Vietnam and all the necessary repatriation expenses shall be borned by the employer.

20. DISPUTES AND APPLICATION LAW

Any and all disputes between the parties hereto arising from or relating to this agreement shall be settled amicably through consultation and in accordance with the employment Act. 1995 and industrial Acts This agreement shall be governed and construed by the Law of [Country] and each of the parties hereby submits to the courts of [Country] .We trust the above is in order and looking forward to having your co-operation in future.