Contract Exit Strategies
Summary
To exit a contract, review the probation period terms, as leaving during this time might incur fewer penalties. Examine post-training obligations to see if any conditions were unmet by the company. The termination clause allows resignation with a 12-week notice or payment in lieu. Consider consulting a legal professional for personalized advice.Full Conversation
RE: OFFER LETTER OF AESTHETIC DOCTOR
For the Position of AESTHETIC DOCTOR
Name : DR FADILAH BINTI FAKHIR KHAN
NRIC : *-*-*
Status : CONTRACT
We refer to your application for employment and the subsequent interview with us and we
are now pleased to offer you an employment opportunity with us.
Y ou will be based at RUHIL MEDIGROUP SDN. BHD. of RENORA CLINIC, R-UG-*,
KOMPLEKS PERMAISURI Q, BANDAR SRI PERMAISURI, *, KUALA LUMPUR
(“the Company”) or any other location as may be instructed by the Firm.
The salient terms and conditions governing your employment and service with the
Company are as follows:-
This Offer Letter shall constitute an Employment Agreement (“the Agreement’’) and the
entire Agreement between the Company and you. Nothing in this agreement shall be
deemed to be exhaustive. The terms and conditions contained herein are provided for
explanatory purposes and this Agreement shall be subject to the provision of the
Employment Act * and any other applicable legislation and regulations.
This Agreement is made between RUHIL MEDIGROUP SDN. BHD. having registered and
business address at R-UG-*, KOMPLEKS PERMAISURI Q, JALAN SRI PERMAISURI,
BANDAR SRI PERMAISURI, *, KUALA LUMPUR (hereinafter to be referred as ‘’the
Company’’) and DR FADILAH BINTI FAKHIR KHAN (NRIC: *-*-*) having
residence address at LOT *, JALAN BAYU NYAMAN, COUNTRY HEIGHTS, *,
KAJANG, SELANGOR (hereinafter to be referred as ‘’Y ou’’).
*. COMMENCEMENT OF EMPLOYMENT
Y our employment with the Company will commence on *.*.* (FRIDAY).
*. PROBATION
Y ou will be placed on training and probation for a MINIMUM PERIOD OF THREE (*)
MONTHS from the date of your commencement of employment and is subjected to a
further extension (if any) by the Company or any other period to be determined at the
sole and absolute discretion of the Company. For the avoidance of doubt, the
probation and training period is a period granted solely for the Company to assess the
suitability of an employee with the Company, the working attitude of an employee,
performance, and many other parameters to be assessed.
*. CONFIRMATION
Upon successful completion of the relevant period of training probation and subject to
your satisfactory performance to be determined at the sole and absolute discretion of
the Company, your employment will be confirmed upon the issuance of a
confirmation letter of appointment by the Company. For the avoidance of doubt,
unless and until a confirmation letter of appointment by the Company is issued, there
shall be no confirmation to that effect.
*. POST - TRAINING OBLIGATIONS
Upon your completion of two months training period, you shall be bound to serve the
full 24 months of employment contract with the company. In case of early resignation
prior to the date of contract expiry, you are required to pay RM15,* in full to cover
the losses of the company in terms of time, assets and manpower spent in your
training period.
*. WORKING HOURS
The normal working hours are as follows:-
Wednesday to Sunday
*.* AM to *.* PM;
Monday
*
*.* AM to *.* PM;
Tuesday
Rest Day
Unless otherwise instructed by the Company, with compliance of EIGHT (*) hours of
working and HALF (*.*) hour of break, the Company hereby reserved an absolute
right and irrevocable discretion to vary these working hours and/or to require you to
work more and/or beyond the stated working hours here, for the efficacy and the
sudden demand of the business of the Company.
*. EMPLOYMENT STATUS
This Employment is contract employment and the contract shall expire on
*.*.*. In the event that your performance is satisfactory, the Company may
offer a contract renewal, subject fully to the full right and absolute, irrevocable
discretion of the Company. For the avoidance of doubt, the Company shall decide
whether your performance is satisfactory or not, subject always to the efficacy of the
business of the Company and any business needs thereof.
*. REST DAY
Y ou shall be entitled to ONE (*) rest days in a week, to be determined by the
Company at its sole, irrevocable and absolute discretion.
*. LEAVES
*.*. Annual Leave
Upon completion of THREE (*) months of continuous service in employment,
you are entitled to FOURTEEN (*) days of annual leaves.
*.*. Public Holiday
(a) Y ou shall be entitled to the following Public Holiday as follows:-
(a) The National Day;
(b) The Birthday of the Y ang Di-Pertuan Agong;
(c) Federal T erritory Day;
(d) Worker’s Day;
(e) Malaysia Day;
(f) Hari Raya Aidilfitri;
(g) Hari Raya Aidil Adha
*
(b) Provided that if any of the Public Holidays referred to above falls on
a Rest Day or any other Public Holiday referred to, the working day
following immediately the Rest Day or the other Public holiday shall
be a paid holiday in substitution of the first-mentioned Public
Holiday.
*.*. Compassionate Leave
Every confirmed employee may, on producing documentary evidence, apply
for Compassionate Leave of THREE (*) days in the event of the death of the
employee's spouse, children, parents, or parents-in-law, subject to the sole
discretion and approval of the Company. The Compassionate leave shall
then, if approved be converted into Unpaid Leave.
*.*. Maternity Leave
Upon consecutive employment periods of ONE (*) year, Female employees
are entitled to NINETY-EIGHT (*) consecutive days of maternity leave,
subject fully to the provision of the Employment Act *.
*.*. Sick Leave
(a) Y ou shall be entitled to the following paid sick leave, on the
recommendation of a registered medical practitioner, if no
hospitalization is necessary:-
(a) (b) (c) FOURTEEN (*) days per year if less than TWO (*) years of
service;
EIGHTEEN (*) days per year if service is between TWO (*) to
FIVE (*) years;
TWENTY- TWO (*) days per year if service is more than FIVE
(*) years.
(b) Y ou shall be entitled to the following paid sick leave, on the
recommendation of a registered medical practitioner, if
hospitalization is necessary:-
(a) SIXTY (*) days per year.
*. REMUNERATION AND BENEFITS
*.*. Wages
*
For all services rendered by you under this Agreement, the Company shall
pay you a monthly training allowance of RM4,* PER MONTH for TWO (*)
months and thereafter a salary of RM7,* PER MONTH for the third month
onwards, payable monthly in arrears and prorated for partial calendar months
(if any), or as may otherwise be mutually agreed between the parties, with
necessary statutory deductions made for Employers Provident Fund (‘’EPF’’),
Security Organisation (‘’SOCSO’’), Employment Insurance System (‘’EIS’’)
and/or as may be required in accordance with applicable legislation in force
from time to time. Y our salary shall be paid on the 30th day of each month.
*.*. Parking Allowances
Y ou are entitled to the Queensville season parking fee allowance on a
monthly basis, at a sum of RM120.*/MONTH AND access card deposit of
RM100 which the company will directly pay to the Parking Management.
*.*. Confidentiality of Wages
Wage and salary information are confidential between you as an employee
and the Company and shall not be disclosed to anyone without the prior
written consent of the Company.
*.*. Statutory Deductions
The rate of the statutory deductions made for EPF , SOCSO and EIS or any
other statutory contributions shall be in accordance with the respective Acts.
*.*. Monthly Sales Commission
In recognition of exceptional performance and to incentivize the staff's
contribution to achieving sales targets, the following clause outlines the
commission entitlement based on monthly sales :
*. If the total monthly sales and payment collection reach RM200,* or
more, you will be entitled to a commission of RM2,* for that
particular month.
*. The commission will be calculated and disbursed on a monthly basis,
subject to meeting the specified sales threshold.
*. The commission payment will be made in the subsequent month
following the achievement of the sales threshold. It will be included in
the staff's regular payroll or processed separately, as determined by
the company.
*
*. This commission entitlement is subject to the staff's continued
employment with the company and compliance with all relevant
policies, procedures, and contractual obligations.
*. The company reserves the right to modify or terminate this
commission structure at its discretion. Any changes or termination
will be communicated to the staff in writing, allowing a reasonable
notice period.
*. USE OF COMPANY’S PROPERTY
*.*. Office Supplies, Postage, and Company Accounts
The Company’s postage system, shipping accounts, and supplies are
considered as Company’s property and only to be used for Company
business purposes only. Improper use of these items may result in
disciplinary action being taken.
*.*. Company’s Internet
The company’s computer systems, connected to the Internet, are connected
for business purposes only, and accessing the internet for personal use
during working hours is prohibited.
*. TERMINATION
*.*. Y our employment may be terminated either by the Company or by yourself,
by serving to other, written notice by either party or payment of the
equivalent of basic salary in lieu of such notice, without assigning any reason
whatsoever for such termination, as follow:
(a) TWELVE (*) weeks’ notice on the date on which the notice is given;
*.*. The Company shall be entitled by written notice to you, to terminate this
Agreement with immediate effect in the event that you:-
(a) (b) (c) commit any breach of this Agreement; and/or
be guilty of any misconduct or neglect or any act of dishonesty in the
discharge of your duties hereunder; and/or
commit inefficiency or indiscipline, including but not limited to:-
*
i. coming late to work;
ii. iii. iv. absence without permission or valid reason;
leaving workplace before finishing time without permission;
holding long conversations unrelated to work and the general
waste of time;
v. slackness in performance;
vi. falsification or destruction of any record of the Company,
including interfering with the record of attendance or recording
attendance on behalf of any other employees;
vii. improper use of the Company’s property;
viii. committing immoral acts within the work premise;
ix. defrauding or attempt to defraud;
x. committed serious crimes;
xi. drug abuse;
xii. disclosing any confidential information of the Company to third
parties without proper authorisation;
xiii. committed any neglect considered serious by the Company.
*.*. This Agreement shall automatically be terminated and neither party shall have
any claim against the other in respect of such termination upon the
permanent disability and/or the death of you.
*.*. The Company may, at its sole, complete, absolute and irrevocable discretion,
terminate this Agreement at any time and with immediate effect by giving you
notice in writing without assigning any reasons thereof. The Company will
then make a payment in lieu of notice (“payment in lieu”) equal to the basic
salary (as at the date of termination) which you would have been entitled to
receive under this Agreement during the notice period referred to in this
Agreement. The payment in lieu shall not include any element in relation to
holiday entitlement accruing during the period for which the payment in lieu,
or any bonuses or any other benefits to which you would have been entitled
to receive during the period for which the payment in lieu is made.
*. DUTIES AND RESPONSIBILITIES
Y ou agree to devote your working time and attention to the performance of your
duties under this Agreement. In general, you shall perform all the duties as described
on the FIRST SCHEDULE attached hereto.
*. INCREMENT
*
The salary increment may be made annually, at which the rate and the grant of such
increment to be determined at the full, complete and irrevocable and absolute
discretion of the Company.
*. BONUS
Y ou shall be eligible for a yearly bonus in an amount as determined at the sole right,
irrevocable and absolute discretion of the Company, subject to your individual
performance for that year and the financial standing of the Company.
*. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION AND TRADE SECRETS
Without the prior consent of the Company or except as authorised or required in the
course of the performance of your duties, you shall not disclose, reveal or make
available, directly or indirectly to third parties any confidential operations, processes
and dealings, any trade secrets or any information concerning the business, finances,
transactions or affairs of the Company, which may come to your knowledge during
your employment with the Company and you shall keep with complete secrecy all
confidential information and matters entrusted to you and shall not use or attempt to
use any such information in any manner which may injure or cause loss either directly
or indirectly to the Company or its business or may be likely so to do.
Upon cessation of your employment with the Company, you shall turn over to the
Company, all documents, data or other requisites, confidential or otherwise, obtained
or made by you during the course of your employment with the Company, pertaining
to the business of the Company. This clause shall, in perpetuity, survive the
termination and/or the expiry of this Agreement.
*. GOVERNING LAWS
This Agreement is and shall be governed by, and shall be construed in accordance
with, the laws of Malaysia and unless otherwise provided by statute, the parties
irrevocably submits to the exclusive jurisdiction of the courts of Malaysia in
connection with any disputes which may arise in connection with the legal
relationships established by this Agreement or otherwise in connection with this
Agreement.
*. SEVERABILITY
Any condition, term, stipulation, provision, covenant and/or undertaking and/or any
part thereof contained in this Agreement which is illegal, prohibited and/or
*
unenforceable as a result of any existing and/or subsequent legislation shall be
ineffective to the extent of such illegality, prohibition and/or unenforceable without
invalidating the remaining condition, term, stipulation, provision, covenant and/or
undertaking and/or part thereof.
*. FORCE MAJEURE
Neither Party is responsible for delays or failures to perform its responsibilities under
this Agreement due to causes beyond its reasonable control, including but not limited
to act of God, acts of government, flood, fires, earthquakes, tornados, civil unrest,
acts of terror, labour disputes, computer, telecommunications, internet service
provider or hosting facility failures, delay involving hardware, software or power
systems, malicious code, denial of service threats or inability to obtain energy,
provided however that the Party so affected will promptly resume performance as
soon as reasonably practical.
*. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties regarding the
matter dealt with herein and no representations, terms, conditions or warranties,
express or implied, not contend in this Agreement shall be binding on the Parties.
*. NOTICES
All notices, demands or other communications required or permitted to be given or
made hereunder shall be in writing and may be delivered and sent by prepaid
registered post to the respective address specified in this Agreement or to such other
address as shall at the relevant time have been notified by the Parties for that
purpose.
*. WAIVER
No delay or failure of either Party to exercise any right or power under this Agreement
will constitute a waiver of that right. A waiver by any Party of any covenants,
conditions or agreement to be performed by the other Party or any breach thereof will
not be construed to be a waiver of such succeeding breach thereof or of any other
covenant, condition or agreement herein contained. No change, waiver or discharge
hereof will be valid unless in writing and signed by an authorized representative of the
party against which such change, waiver or discharge is sought to be enforced.
*
*. TIME
Any time, date or period mentioned in any provision of this Agreement may be
extended by mutual agreement between the Parties concerned but as regards to time,
date or period originally fixed and not extended or any time, date or period so
extended aforesaid, such time shall be of the essence.
*. COST
Except as otherwise expressly provided in this Agreement, the Employer shall pay the
fees and expenses incurred in the negotiation, preparation, execution, and delivery of
this Agreement.
*. ASSIGNMENT
Either Party shall not, without the prior written consent of the other party, assign,
transfer, or in any other manner dispose of any of its rights, privileges, or obligations
under this Agreement, and any attempt to make such an assignment, transfer,
disposition without such consent shall be null and void. This shall include the right of
the Company to instruct transfer and redesignation of jobs and works, either within
the company or to another related company as may be absolutely determined by the
Company.
Kindly signify your acceptance or otherwise of this Offer Letter of Employment (‘’the
Agreement’’) by completing the "Acknowledgement" portion on the duplicate copy of this
letter and return the duplicate copy, duly completed and signed, to the undersigned
immediately.
We take this opportunity to welcome you to the Company and trust that your company with
us will be mutually beneficial and long-lasting.
Thank you.
Y ours faithfully
for and on behalf of
RUHIL MEDIGROUP SDN. BHD.
To exit the contract, consider these points:
- Probation Period: If you haven't passed the probation, you might be able to leave without major penalties.
- Post-Training Obligations: Check if the two-month training period has any conditions that were not met by the company.
- Termination Clause: You can resign with a *-week notice or payment in lieu.
Would you like assistance drafting a resignation notice?
- Probation Period: If you haven't passed the probation, you might be able to leave without major penalties.
- Post-Training Obligations: Check if the two-month training period has any conditions that were not met by the company.
- Termination Clause: You can resign with a *-week notice or payment in lieu.
Would you like assistance drafting a resignation notice?