PRIVATE & CONFIDENTIAL
NAME:.............................................................................
PASSPORT NO:.............................................................
EMPLOYEE NO:...........................................................
AGREEMENT OF EMPLOYMENT
We are pleased to confirm our offer of employment to you as a Plantation Worker with
effect from 29th NOVEMBER 2007
The details of your appointment are as follows:Employer
BERNAS NIRWANA SDN BHD
Reporting Line
You will report to the Executive or Supervisors who will brief you on your job duties
and responsibilities.
Location
Bernas Nirwana Sdn. Bhd. (709940-W)
Lot 1, No. 9-2-1, Suria Avenue,
Jalan Dawai, 16/ 2, Section 16,
40200, Shah Alam,
Selangor Darul Ehsan.
Tel : 03-55118807
Fax : 03-55118802
Medical Benefits
Half of the clinical charges incurred by the Employee for treatment of illness will be
absorbed by the Employer, the other half of the clinical charges will borne by the
Employee, through deductions made from the Employees salary.
PRIVATE & CONFIDENTIAL
Salary
Your salary will be as shown in the table below and previously agreed upon. Please be
reminded that you will be paid based on the number of days you have worked in a
month.
Normal 8 hours work
Work on rest day or
public holiday
Overtime
Sunday
RM 22.00
Will be determined based on payment from the facility of
employment
Will be determined based on payment from the facility of
employment (After 8hours consider 1.5)
Double
Your salary shall be paid to you in cash by the end of each month.
Period of Probation
Upon joining Bernas Nirwana Sdn Bhd you shall serve a probationary period of three
(3) months. However if our assessment of your performance is below the required
standard, you will either be given an extended probationary period or your service
will be terminated and you will be repatriated to your source country at your own
expense. There will be no immediate salary adjustment/increment upon confirmation
of your position.
Period of Employment
The minimum period of employment is three (3) years which is renewable.
Annual Leave
There will be no annual leave entitlement for the first one (1) year of employment.
After one (1) year of employment, Employees are entitled to eight (8) days of annual
leave per annum that will be taken at a time mutually agreed between both Employee
and Employer.
Sick Leave
A medical certificate from panel of doctors must support any absence due to sickness.
Public Holidays
The Employer recognizes all the public holidays gazetted by the State government,
Federal government and facility employed at.
PRIVATE & CONFIDENTIAL
Working Hours
To be confirmed at the facility of work and determined by the plantation employed at.
Government Statutory Payments
This includes the payment of the following:
Levy
PLKS
Insurance/ Bank Guarantee
FOMEMA
Visa
All government statutory payments will be made by the Employer initially, and then
deducted on a monthly basis from the Employees salary.
Deductions will commence from the first month salary is paid to the Employee.
Restrictions
The Employee shall not marry with any Malaysian and shall not participate in any
political activities and activities of those connected with trade Union Malaysia.
The Employee shall not be found creating social problems and or engaged in any
illegal subversive or criminal activities.
Without the consent of the Employer previously obtained in writing, the Employee
will not be permitted during the life of this agreement to work of otherwise be
engaged in the service of any person, firm or company or to act as the representative
of any person, firm or company or to engage in any business for the Employees own
account.
Compulsory Requirements
It has been agreed that the Employee will conform to the following requirements:
Punctually present his or herself at the place of work daily.
Will follow work related instructions given by the Employer and its staffs or
Customers and their staffs.
Will adhere to all area or company rules the Employee is working at.
Will not smoke during working hours at place of work.
Will be responsible for tools provided by the Employer or Customer to perform
duties.
Will be responsible to take care of the cleanliness of place of work and
accommodation at all times.
Will only take breaks or rest at times scheduled by the place of work.
Will not be found sleeping at the place of work.
3
Will not take belongings of the area of work out of the place.
PRIVATE & CONFIDENTIAL
Confidentiality
It is a condition of employment that the Employee will not divulge or use any
confidential information (i.e. any information not lawfully available to the public at
large) relating to the affairs of the Employer or any associated company obtained
during the course of employment.
Retirement Age
The retirement age for all Employees shall be upon attaining forty-five (45) years of
age. However, this will very much be determined by the Immigration Department of
Malaysia and the Employer which will be based on your performance of work.
Deceased Worker
In case of an Employee death during the course of employment, the Employer shall
be responsible for all the repatriation exercise and expenses.
Termination of Service
Two (2) months notice of termination or pay in lieu of such notice is required during
the term of employment.
The Employer reserves the right terminate the Employees contract if the Employee is
found to have breached the term and condition of the employment contract in
accordance with the Labour Laws of Malaysia.
If the Employee prematurely terminates his employment during contractual period he
may do so at his own expenses.
The Employer shall be entitled to immediately terminate the Employee in the event of
the Employee fails to adhere to clauses stipulated under the Restrictions,
Compulsory Requirements, and Confidentiality titles.
Immediate termination will also apply in cases of gross misconduct or a fundamental
breach of terms and conditions of employment.
The terminated Employee will be repatriated to his/ her source country in which the
costs of repatriation will be solely borne by the Employee.
Settlement of Dispute
All disputes shall be in accordance with Employment Act 1965 and Industrial
Relations Act. 1967. All other terms and conditions of the Employment shall be
governed by the Malaysian Labour Law currently being enforced.
PRIVATE & CONFIDENTIAL
Uniform and Safety Boots
Two (2) pairs of uniform will be provided free by the Employer to the Employee
yearly. Any extra provided at the request of the Employee will be deducted from the
Employees salary
One (1) pair of safety boots will provided by the Employer every year. The Employer
will pay half of the cost for the safety boots the other half will be borne by the
Employee whereby deductions will be made from the Employees wages. Should the
Employee make an additional request for safety boots, then deductions will be made
from the Employees salary.
Accommodation
The Employer will provide accommodation for the Employee without charge.
Payment of electricity and water bills will be divided and made by Employees
occupying the residency.
Family
Nothing in this agreement construes as permitting the Employee to bring his/ her
family to Malaysia
Governing Law
The Employee during this agreement term or duration of stay in Malaysia will be
subjected to the laws of Malaysia.
Safekeeping of Passport
The Employee agrees during his/ her stay in Malaysia, while being employed with the
Employer, his/ her passport will be held or kept by the Employer for safekeeping. The
passport will only be returned to the Employee on the day and place of departure.
PRIVATE & CONFIDENTIAL
If you are agreeable to accepting our offer of employment on the terms and conditions set
out above, please sign and return the duplicate of this letter as evidence of your
acceptance and understanding of all terms and conditions therein.
Yours faithfully
BERNAS NIRWANA SDN BHD
MR. KAILASAM SINNATHAMBY
Managing Director
I hereby accept your offer of employment under the terms and conditions as set out
above.
Signed
: ________________________
Name in full : ________________________
Passport No
: ________________________
Date
: ________________________