TOPIC HEALTHCARE CENTRE SDN. BHD.

(526667-K)
Employment Agreement
This Agreement is made the

day of

, 2013.

Between
Topic Healthcare Centre Sdn. Bhd. (Company No. 526667-K), a private limited company
incorporated pursuant to the Companies Act 1965 and having its principal place of business at
Lot 22, Jalan Berkat 12, Taman Malim Jaya, 75250 Melaka, Malaysia (hereinafter called 'the
Employer')
And XXXXXXXXXX (Passport No. XXXXXXXXXX ) a citizen of Thailand (hereinafter called
'the Employee').
The parties hereto hereby mutually agree to the following terms and conditions:Employer's Duties and Powers:
1)

To obtain valid work permit for the Employee as masseur in accordance with the Laws of
Malaysia.

2)

To provide kitchen facilities, cooking tools and reasonable amount of food materials, such
as coffee, tea, sugar, rice, vegetables, meat, cooking oil etc. Cooking gas, electricity and
water supply is provided too. Employee is responsible for the cleanliness and the use of
equipments.

3)

To provide Employees a reasonable living quarters at the place and in the manner to be
determined by the Employer at its absolute discretion and that outsiders are strictly
prohibited from staying in the said quarters whether permanently or temporarily.

4)

To pay the Employees salary based on his/her commission calculated at the rate of a) 60
minutes foot massage-RM13.00 and b) 60 minutes body massage-RM16.00 that carried

out by the Employee in the centre operated by the Employer in the preceding calendar
month, the sum of which shall be paid by the Employer to the Employee into the
Employee's bank accounts within seven (7) days in the subsequent calendar month, the
minimum salary guarantee is RM2200.00.
5)

To provide the Employee with suitable uniform to be worn during working hours.

6)

To provide the Employee with accident insurance coverage.

7)

To provide the Employee medical cost reimbursements of not more than Ringgit Malaysia
Two Hundred and Fifty (RM250.00) only within a calendar year PROVIDED THAT all
such medical consultation and medication shall be carried out and prescribed by the panel
of doctors appointed by the Employer. There shall not be any claim for reimbursement of
medical cost arising from and/or related to any dental, gynecology, psychology causes or
for any illness or medical condition arising from any illegal activities of the Employee or
any such other medical condition not specifically mentioned in the Employee's medical
report prepared in the Kingdom of Thailand prior to the Employee's first arrival in
Malaysia.

8)

At the Employer's reasonable effort, to ensure the personal safety of the Employee.

9)

However the Employer shall not be responsible to any mishap happened on the Employee
out of the normal working hours, save for during the journey to and from work.

10)

Employer reserves its absolute right to transfer the Employee to any of the centres or
establishment operated or related to the Employer at any time without assigning any
reason whatsoever to the Employee.

11)

Failure of the Employee to abide to any working terms and conditions formulated by the
Employer from time to time shall render this Agreement liable to early termination hereof
by the Employer and the Employer shall not be responsible for any cost and expenses.

12)

The Employer reserves the absolute right to vary the terms and conditions of work.

13)

The Employer shall deduct the cost of levy, work permit, entry visa, permit processing fee
and such other cost and expenses for obtaining the visa and or work permit within the
period of the first twelve (12) calendar month of employment. The Employee shall pay
RM2,310.00 to obtain the necessary work permit and visa for the subsequent year(s). Any
changes will be inform in advance.

14)

The terms and conditions of this Agreement is governed by the Laws of Malaysia and shall
be varied according to the laws enforceable from time to time.

15)

This Agreement is signed in duplicate. The parties hereto shall have a copy each upon
execution. The parties hereto may upon mutual agreement vary the terms and conditions
of this Agreement.

16)

In case of dispute between the parties, both parties shall endeavour to resolve the dispute
amicably. However if such dispute cannot be resolved amicably, then the parties hereto
shall be resolved in accordance with the Laws of Malaysia and shall be binding against
both parties. The losing party shall bear the cost incurred in the dispute resolution
process.

Employee's Duties and Responsibilities and the terms and conditions of work:
1)

The Employee shall have minimum of three (3) years working experience as a masseur
(Foot and body massage) as represented by the Employee prior to entering into this
Agreement, failing which the Employee shall be a) liable to termination and shall pay to
the Employer the losses amount (Around Ringgit Malaysia Ten Thousand (RM10,000.00))
as Liquidated and Agreed Damages for misrepresentation, b) deportation to Thailand at
his/her own cost and expenses.

2)

This Agreement shall be valid for the work duration of two (2) years of the Employee
unless otherwise mutually agreed by the parties hereto. The Employee is liable to
compensate the Employer a sum of money as detail below as Liquidated and Agreed
Damages for early termination hereof:-

a)

Working not more than 6 months, Ringgit Malaysia Twenty Thousand

(RM20,000.00)

b)

Working not more than 12 months, Ringgit Malaysia Fifteen Thousand

(RM15,000.00)

c)

Working not more than 18 months, Ringgit Malaysia Ten Thousand (RM10,000.00)

d)

Working not more than 18 months, Ringgit Malaysia Six Thousand (RM6000,00)

(The management at the Head Office reserves all rights to decide on a case to case basis if
there is any special reason).
Upon completion of this agreement after two (2) years and as agreed by both parties, this
agreement will be renew on yearly basis automatically until any parties decided to cease
this agreement. Upon renewal of the agreement, if the Employee ceases the agreement
within 12 months, the Employee should compensate the Employer Ringgit Malaysia Three
Thousand only (RM3000.00)
3)

Working Hour: On an aggregate time of 8 hours of actual work performed per business
day (from time to time the Employee may be directed to perform overtime when business
is busy as directed by the Employer).

4)

The Employee shall have 1 rest day per week.

5)

The Employee should carry out the cleaning work for the shop on daily basis.

6)

The Employee should apply leave day 3 days in advance, the leave day can not more than
2 days (in local), otherwise must get approval from Manager.

7)

The Employee shall be allowed to return to the Thailand for visit family/relative after one
year of service with the Employer, the period of leave is 30 days or less. After completion
of working for 2 years, the Employee is entitle for a bonus of 30 leave days which can only
be use for when going back to own country.

8)

The Employee is allow to take leave in advance provided he/she must cover back the days
of advance leave before terminate this contract, failing which he/she must compensate the

Employer RM50.00 per day for that advance leave taken.

9)

The Employee shall dutifully carry out all works and duties assigned to the Employee,
including but not limited to any assignment of works during working hours, failing which
the Employee shall not be entitle to the commission of the work that carried out in full by
the Employee.

10)

During employment period, if the Employee is complaint by customer several times for
his/her poor massage technique, the Employer have the right to suspend the Employee
from work and training will be provided to Employee. The Employee is only allowed to
work again after his/her massage technique is satisfied by the Management, the Employee
should bear the training fees.

11)

Employee shall ensure the safe and take good care of the Employer's equipments and
assets and shall be liable to replace or compensate the Employer for any damage caused
by the Employee or due to the negligence of the Employee.

12)

The Employee must ensure he/she is capable to provide the massage service i.e. fire style
treatment, step body back massage, fire cupping, ear candling and etc. Failing which
he/she must bare all the cost incurred arising from the injury to the customer.

13)

The Employee hereby voluntarily submit his/her passport for the safe keeping by the
Employer.

14)

The Employee should beware of his/her behavior and should not cause impact to
Companys reputation/losses of money/sue by any party/claim by any party.

15)

The Employee shall not during his/her employment with the Employer and during his/her
stay in Malaysia, engaged in any illegal or immoral activities against the Laws of
Malaysia.

16)

The Employee shall undertake to keep the Employer, its management, other fellow
employees or servant fully indemnified against any suit summons compound or claims
attributed to the deliberate act or omission whether willful or otherwise of the Employee.

17)

Failure to comply with clause 15 to 16 above shall render the Employee liable to
immediate termination by the Employer. The Employee hereby covenant to the Employer
that if his/her employment herein is terminated pursuant to this clause, then he/she shall
relinquish all his/her right to claim for any salary, commission or any sum that is due to
the Employee and shall also be liable to immediate deportation to Thailand at his/her own
cost and expenses.

18)

The Employee hereby covenants to abide strictly to the House Rules formulated by the
Employer.

Signed by the above)

named Employer in the)
presence of :)

Signed by the above)

named Employee in the)
presence of :)

Witness by

) _____________________________
Name: