Employment Letter - Aaron Zhang
Employment Letter - Aaron Zhang
(201201012764)
)
Suite 17-09, G-Tower, 199 Jalan Tun Razak, 50400 Kuala Lumpur
31 January 2023
Aaron Zhang
Residensi Pudu Alam Rekreasi
PARC3 Apartment, 5, Jalan Pudu Perdana
56100, Kuala Lumpur.
CONTRACT OF EMPLOYMENT
With reference to our discussion, we are pleased to offer you a position as Inside Sales Representative. Your employment shall
commence on 20 February 2023 on following terms and conditions upon obtaining approval for your Employment Pass.
Your Employer is Denave (M) Sdn Bhd. You will be working at our client premise Lenovo Technology Sdn. Bhd Uptown 5, Tower
B, Level 3 Jalan SS 21/39, Damansara Utama, 47400 Petaling Jaya, Selangor.
In course of your employment with the Company, you shall devote your entire time, attention and energy to the performance of
your duties and shall not during the continuation of your employment be engaged in any other business activity without prior
written approval of the Company, whether or not such business activity is pursued for gain, profit or other pecuniary advantage,
except your personal investment activities carried on for your own benefit and account, provided such investment activities do
not require any services on your part in any operations and do not in any manner interfere with or create any conflict of interest
with the duties to be performed by you hereunder for the Company.
You shall not engage in any activities which in the opinion of the Company are in conflict with the business objectives of the
Company or the business objectives of the client. You will perform your duties and functions under this Offer in a professional
manner and in a manner satisfactory to the Company.
Your duties hereunder shall include, but not be limited to, performing duties on behalf of the Denave (M) Sdn Bhd and/or the
client. You shall at all times, adhere to all the rules, regulations, policies and/or guidelines laid down by the Company and/or the
client for its personnel or in respect of the services, and the mode and manner of performance thereof.
Reporting
Your reporting line will be to the Program Manager unless notified otherwise in writing.
Working Schedule
Working hours are 9.00am to 6.00pm Mondays to Fridays (with one-hour break time). However, due to the nature of your job
you are required to follow your departmental work schedule which will be notified to you by your Team Manager. In addition to
the working hours you may be required to work additional hours as and when required. The above working hours may be
revised as and when needed provided it meets the Employment Act 1955 of a maximum of 48 hours per week.
(ii) Bonus
You shall be paid 1-month basic salary upon completion of 13 months in Denave.
Insurance Benefit
You shall be covered under Health & Welfare Insurance as mentioned below:
If a scheme provider (e.g. an insurance company) refuses for any reason (whether under its own interpretation of the terms of
the relevant insurance policy or otherwise) to provide the relevant benefits to you under the applicable scheme, Company shall
not be liable to provide or compensate you for the loss of such benefits.
Leave Entitlement
If you are absent from work on account of sickness or injury, you or someone on your behalf should inform your Supervisor and
Human Resource of the reason for your absence as soon as possible, but no later than forty-eight hours of the commencement
of such leave. Entitlement of sick leave is subject to certification by a registered medical practitioner appointed or listed with the
company and/ or the client. All unutilized medical leave at the end of the year cannot be uncashed or brought over to the next
year.
Public Holidays
In addition to the above terms, you shall follow the Public Holiday according to the Country that you are assigned to. The
Company shall observe all the public holidays in that particular country and Compulsory Malaysia Public Holidays. In the event,
these (4) public holidays fall on a Saturday / Sunday, no replacement shall be given.
You may be required to work on a statutory holiday at the sole discretion of the Company. You shall not be paid overtime for
such work on statutory holidays.
In lieu thereof, you shall be entitled to one (1) day of paid leave to be taken at a time which the Company shall deem reasonable.
Details on the country wise holiday list shall be available on Employee e-Handbook.
However, the employee shall bear all expenses (government fee, agency charges, any other) related to the issuance of
Employment Pass if he/she decides to decline the offer, for whatsoever reason, with Denave (M) Sdn. Bhd after acknowledging &
accepting the employment offer and, or sharing relevant documents for employment pass processing.
Party who decides to decline the offer should repay Denave (M) Sdn. Bhd within seven (7) working days after declining the offer
to the bank account as given below:
Should you decide to terminate this contract within the first 12months of employment of Employment Pass with Denave, the
employee hereby agrees to refund to Denave (M) Sdn Bhd with 2 months’ of their base salary.
Trainings
The company shall provide you with trainings relevant to your job requirement. You will be required to sit for the assessment
test and attain minimum score set by the company. Should your performance not meet the minimum standard required or if you
fail to attain the minimum scores on the tests during the training, your contract of employment shall be terminated.
Notwithstanding anything herein contained, this employment can be terminated by either you or the Company:
a) If during the Probation Period, by giving one month’s notice in writing to the other party;
b) If after confirmation of your services, by giving ninety (90) days’ notice in writing to the other party;
Notwithstanding the above, the employment shall be terminated with immediate effect without notice or payment in lieu of
notice if:-
a) you engage in any act or omission constituting misconduct in respect of your duties;
b) commit a breach of any of the terms of this employment contract;
c) engage in any conduct prejudicial to any other employees or the Company or the Client;
d) engage in any conduct that in the opinion of the Company might injure the reputation or standing of the Company and
and/or the Client; refuse to comply with any lawful and reasonable orders given by the Company and / or the client;
e) you are found at any point in time in future that you misrepresented any fact about yourself, your
qualifications, your experience and your previous employments; and
f) you are medically unfit or found suffering from infectious diseases;
g) If you are convicted in a criminal offence;
h) If you are guilty of any default, fraud or misconduct;
i) If you fail your “Performance Improvement Plan” and your performance is not up to the mark as per company’s
policy ;
j) During your notice period, you shall handover all documents and materials relating to your work and
ensure a smooth transition of your duties and responsibilities. If you fail to complete the handover during the notice
period, the Company shall be fully entitled to require and compel you to stay two (2) more weeks after the notice
period has ended to complete the hand over.
k) The Company reserves the prerogative to request that you serve out of full notice of termination without
deducting the balance of your annual leave.
The Company may terminate the Contract of Employment by giving you (2) months written notice.
Non – Competition
You also agree that upon termination of this agreement by either party on the ground whatsoever. You will not be employed for
a period of one (1) year by any person, firm or corporation situated and carrying on business in Malaysia for a period of one (1)
year from the date of termination of this agreement, either alone, or jointly with or as manager agent, consultant or employee
of any person, firm or company directly or indirectly carry on or be engaged in any activity or business which shall be in
competition with the business of the company.
Confidentiality
You hereby covenant and agree as follows:
You shall not disclose to any third party any confidential information obtained during your course of employment unless
expressly authorized by the Company and / or client.
Confidential information for the purposes of this contract includes and is not limited to trade secrets, business plans, strategies,
financial information, and any other information that will affect the Company's and / or client’s competitive position.
Your obligations to maintain confidentiality and secrecy shall apply after your employment until such time that the information is
no longer confidential or has been made public by the Company and / or client. You shall not without prior written consent of
the Company and / or client’s destroy, make copies, duplicate or reproduce in any form the Company's and / or client’s
confidential information.
Dispute Resolution
Any dispute or difference arising in connection with the interpretation or implementation or validity or otherwise of this Offer or
otherwise arising out of this Offer, given to you by the Company, which cannot be resolved through friendly consultations within
thirty (30) days from the date of commencement of discussions shall be referred to judgment thereon in any one or more of the
highest courts having jurisdiction under the Applicable Law.
Applicable Law
The terms of this Offer shall be construed and enforced in accordance with the laws of Malaysia. The parties hereby agree to
irrevocably submit to the non-exclusive jurisdiction of the Courts of Malaysia to resolve any disputes arising hereunder.
Enforceability
The invalidity or unenforceability of any provisions of this Offer in any jurisdiction shall not affect the validity, legality or
enforceability of the remainder of this Offer in such jurisdiction or the validity, legality or enforceability of this Offer, including
any such provision, in any other jurisdiction, it being intended that all rights and obligations of the Parties hereunder shall be
enforceable to the fullest extent permitted by law.
Amendment
The Company shall be at liberty to amend the whole or any part of this agreement after its execution if it considers it necessary
and reasonable and shall be expressed in written notice duly given to you informing you of the proposed amendment(s).
Timeline
You shall be expected to send the following within 24 hours of receiving this letter:
• Your acceptance of offer over the email. In case, we do not receive your acceptance within the stipulated timeline or
there is no communication, it will be assumed that you are no longer interested in the position offered and hence
the offer shall be termed as null & void.
• Copy /email of Resignation submitted to current employer.
On Behalf of the team, we welcome you to Denave and wish you the very best in your career with us.
Yours faithfully,
For DENAVE (M) SDN BHD
o/b
DHARMANANDHA GUNASEELAN
Country Director
I agree to accept employment on the terms and conditions mentioned in the above letter. I shall be
reporting for duty on_____________, in Malaysia.
Name : ________________________________________
Signature : _________________________________________
Date : _________________________________________
Passport/NRIC No : _________________________________________