Employee Perspective
โThe contract looked fishy, the offer came in a simple Word doc no company logo, no letterhead”
โTypos & clauses were general, like copied from somewhere.โ
โIt stated work hours as 48/week but I thought Malaysiaโs limit was 45 hours?โ
โNothing about my probation, bonus, EPF or even how Iโd get paid, when I asked for clarification, they just said, โThis is our standard template, just sign it.โ
Employer Perspective
โWhy pay for something I can download for free?โ
Many businesses or HR teams think…
โA contract is just paperwork, no need to complicate it, we found one online, good enough.โ
โIf anything goes wrong, weโll just sort it out with common sense.โ
Hereโs what happens with generic, outdated contracts with Titanic Epic sized Icebergs!
โ ๏ธ You accidentally break Malaysian labor law, Statutory Authorities come knocking
๐ฉโโ๏ธ You lose in court or tribunal on technicality
๐ก Staff misunderstand their entitlements
๐คฆโโ๏ธ You risk disputes over salary, OT, termination, benefits
The Truth :
Contracts arenโt about formality theyโre PROTECTION
A solid, legally compliant employment contract
โ
Protects your business in case of disputes
๐ Sets the right expectations from day one
๐ก๏ธ Acts as evidence in case of legal claims
๐ค Builds trust with employees, shows you’re serious and transparent
What businesses should include in a proper employment contract
1๏ธโฃ Working hours, probation and leave entitlements
Must follow the latest Employment Act at minimum, 45-hour workweek limit, annual leave, etc
2๏ธโฃ Salary breakdown
Basic salary, allowances, OT rates, bonus eligibility
3๏ธโฃ Termination and resignation terms
Notice period, dismissal procedures, and any non-compete clauses
4๏ธโฃ Statutory obligations
EPF, SOCSO, EIS, and compliance with EA 1955 (amended)
5๏ธโฃ Customized clauses relevant to your business
Confidentiality, remote work rules, training bonds, etc.
A Real Example :
I was asked to review an employment contract and obviously it was ChatGPT’d or downloaded somewhere.
The clause on commissions was vague โSubject to management approval” no clarity, six months later, a dispute arose over RM8,000 in unpaid commissions.
Fortunately, the employee was kind enough to discuss & the company made amends.
If it went to the Labor Office, penalties, legal advice & the staffโs compensation would have cost more.
Good thing is, they now use contracts prepared by a qualified HR consultant.
Final Thought
Contracts are not โjust paperworkโ theyโre your first line of defense & your credibility.
If you think compliance is expensive, try non-compliance.
I am Kevin Goh, Empowering People & Businesses | Building Modern HR for the Evolving Workplace
This article originally appeared on LinkedIn by Kevin Goh โ Director. You can read the full post here. Adapted and shared with permission.