Internship Agreement Template Malaysia

INTERNSHIP AGREEMENT TEMPLATE MALAYSIA

This Internship Agreement (the "Agreement") is entered into and made effective as of ____________, 20 (the "Effective Date"), by and between:

1. [COMPANY NAME] [Company Registration No.: _______________], a private company incorporated under the laws of Malaysia, having its registered office at [Registered Address] (hereinafter referred to as the "Company"); and

2. [INTERN'S FULL NAME] [NRIC / Passport No.: _______________], of [Residential Address] (hereinafter referred to as the "Intern").

(The Company and the Intern shall collectively be referred to as the "Parties" and individually as a "Party").

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RECITALS

WHEREAS: A. The Company carries on the business of [Insert Brief Description of Business Activities] and offers structured developmental training programs for educational enrichment. B. The Intern is currently enrolled in or a recent graduate of [Name of Educational Institution], pursuing [Name of Degree/Diploma/Certification] in [Field of Study] (the "Academic Program"). C. The Intern has requested, and the Company has agreed to provide, a temporary internship placement to allow the Intern to gain practical workplace experience relating to their field of study, subject to the terms and conditions hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Parties as follows:

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SECTION 1: OPERATIONAL DEFINITIONS

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below, unless the context otherwise requires:

1.1 "Agreement" means this Internship Agreement, including any schedules, appendices, and authorized amendments executed in writing by both Parties. 1.2 "Allowance" means the financial stipend specified in Section 3.2 payable by the Company to the Intern as financial support during the Internship Period, which does not constitute a salary or wages under the Malaysian Employment Act 1955. 1.3 "Confidential Information" means all proprietary, non-public, commercial, financial, technical, legal, and operational information, trade secrets, data, know-how, software, client lists, and business strategies belonging to or in the possession of the Company, whether disclosed orally, visually, or in writing, or accessed by the Intern during the course of the Internship. 1.4 "Effective Date" means the date first written above upon which the operational terms of this Agreement commence. 1.5 "Intellectual Property Rights" means all patents, utility innovations, trademarks, service marks, trade names, copyrights, design rights, database rights, trade secrets, and any other intellectual property rights recognized under the laws of Malaysia or globally, whether registered or unregistered. 1.6 "Internship Period" means the fixed term commencing on ____________, 20 and terminating on ____________, 20, unless terminated earlier in accordance with Section 4 of this Agreement. 1.7 "Malaysian Law" means all applicable statutes, acts, rules, regulations, bylaws, and judicial precedents in force within Malaysia. 1.8 "Supervisor" means the individual designated by the Company from time to time to oversee, direct, and evaluate the performance of the Intern during the Internship Period.

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SECTION 2: SUBSTANTIVE TERMS & OBLIGATIONS

2.1 Nature of Relationship

The Parties expressly acknowledge and agree that this Agreement creates a temporary educational and developmental training relationship and does not constitute a contract of employment under the Malaysian Employment Act 1955 or common law. The Intern is not an employee, worker, partner, or agent of the Company for any purpose, and is not entitled to employee benefits, including but not limited to statutory contributions under the Employees Provident Fund Act 1991 (EPF) or the Employees' Social Security Act 1969 (SOCSO/PERKESO), except where expressly mandated by statutory directive.

2.2 Placement and Duties

a. The Company shall provide the Intern with practical training and operational exposure within the [Insert Department Name, e.g., Legal / Marketing / Finance] department, under the direct supervision of the Supervisor. b. The Intern shall diligently perform all assigned tasks, projects, and duties commensurate with their educational background and the objectives of the training program, adhering strictly to the lawful instructions of the Supervisor.

2.3 Hours of Attendance

a. The Intern shall observe the standard working hours of the Company, being from ________ AM/PM to ________ AM/PM, Monday through Friday, with a [Number]-minute meal break daily, or such other hours as agreed upon in writing. b. The Intern shall record their attendance accurately using the Company’s designated attendance tracking system.

2.4 Allowance and Expenses

a. In consideration of the services rendered and time dedicated under this Agreement, the Company shall pay to the Intern a monthly Allowance of RM_______________ (Ringgit Malaysia: _____________________________________________ only), payable in arrears on or before the [Day, e.g., 28th] day of each calendar month. b. The Allowance shall be subject to applicable statutory deductions, if any, required under Malaysian Law. c. The Intern shall be solely responsible for all personal expenses incurred in commuting to and from the Company’s premises, meals, and incidental living costs, unless prior written authorization for reimbursement has been granted by an authorized officer of the Company.

2.5 Intern Representations and Warranties

The Intern hereby represents, warrants, and covenants to the Company that: a. All information provided in the Intern’s curriculum vitae, application forms, academic transcripts, and supporting documentation is true, accurate, and complete. b. The Intern possesses the legal capacity and all necessary permissions, including approval from their educational institution, to enter into this Agreement and undertake the internship. c. The Intern’s performance of this Agreement will not breach any obligation, contract, or restrictive covenant owed to any third party or educational institution.

2.6 Compliance with Policies

The Intern shall, at all times during the Internship Period, strictly comply with all internal policies, standard operating procedures, safety guidelines, and code of conduct manuals issued by the Company from time to time.

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SECTION 3: INTELLECTUAL PROPERTY & CONFIDENTIALITY

3.1 Protection of Confidential Information

a. The Intern acknowledges that they will have access to Confidential Information belonging to the Company. The Intern covenants that they shall hold all Confidential Information in strict confidence, use it solely for the performance of authorized tasks under this Agreement, and not disclose it to any third party without the prior written consent of the Company. b. The obligations of confidentiality shall survive the termination of this Agreement for a period of [Number, e.g., three (3)] years, or indefinitely in respect of trade secrets and source code.

3.2 Assignment of Intellectual Property

a. All works, inventions, discoveries, improvements, designs, software, documents, and materials created, conceived, or developed by the Intern, whether solely or jointly with others, during the course of the Internship Period (collectively, the "Work Product") shall immediately become the sole and exclusive property of the Company. b. The Intern hereby irrevocably and unconditionally assigns to the Company all right, title, and interest worldwide in and to the Work Product, including all Intellectual Property Rights therein, free and clear of all liens and encumbrances. c. The Intern agrees to execute any documents and perform all acts reasonably requested by the Company, both during and after the Internship Period, to perfect, secure, or enforce the Company’s absolute ownership of such Intellectual Property Rights.

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SECTION 4: DEFAULT, TERMINATION, AND REMEDIES

4.1 Termination Without Cause

Either Party may terminate this Agreement prior to the expiration of the Internship Period by giving thirty (30) business days' prior written notice to the other Party, without incurring any penalty or liability for breach.

4.2 Termination For Cause (Default)

The Company may terminate this Agreement immediately with immediate effect, without notice or payment in lieu of notice, upon the occurrence of any of the following events of default by the Intern: a. Breach of any material term, condition, representation, or warranty contained in this Agreement; b. Violation of the Company’s code of conduct, anti-corruption policies, sexual harassment policies, or safety regulations; c. Gross negligence, willful misconduct, insubordination, or dishonesty in the performance of duties; d. Unauthorized disclosure or misuse of Confidential Information or Intellectual Property; e. Unexcused absence from the workplace for more than [Number, e.g., three (3)] consecutive business days without prior notification and approval.

4.3 Cure Period for Curable Breaches

Where a breach is capable of remedy, the non-defaulting Party may issue a written notice specifying the nature of the breach and demanding its remedy. If the defaulting Party fails to remedy such breach within thirty (30) business days from the date of receipt of the notice, the non-defaulting Party may terminate this Agreement forthwith.

4.4 Obligations Upon Termination

Upon the expiration or termination of this Agreement for any reason, the Intern shall: a. Immediately cease all work and performance under this Agreement; b. Return to the Company all property, equipment, access cards, keys, documents, data, and tangible or intangible Confidential Information in their possession or control; c. Permanently delete and destroy any digital copies of Confidential Information stored on personal devices or accounts.

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SECTION 5: BOILERPLATE LEGAL PROVISIONS

5.1 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction under Malaysian Law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be deemed deleted, and the remaining provisions of this Agreement shall remain in full force and effect.

5.2 Entire Agreement

This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter hereof and supersedes all prior negotiations, representations, understandings, or agreements, whether written or oral, relating to the internship.

5.3 Force Majeure

Neither Party shall be held liable for any failure or delay in performing their obligations under this Agreement if such failure arises from acts of God, war, hostilities, civil unrest, natural disasters, epidemics, pandemics, government restrictions, or other unforeseen events beyond the reasonable control of the affected Party, provided that the affected Party promptly notifies the other Party in writing.

5.4 Governing Law and Jurisdiction

This Agreement shall be governed by, construed, and enforced in accordance with the laws of Malaysia. The Parties submit to the exclusive jurisdiction of the courts of Malaysia for the resolution of any dispute arising out of or in connection with this Agreement.

5.5 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, breach, termination, or invalidity, shall first be settled through amicable good-faith negotiations between the Parties within thirty (30) days of a dispute arising. If unresolved, the dispute may be referred to the appropriate legal forums of Malaysia.

5.6 Amendments and Waivers

No modification, amendment, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of each Party. The failure of either Party to enforce any provision shall not be construed as a waiver of future enforcement of that or any other provision.

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SECTION 6: FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have caused this Internship Agreement to be duly executed by their respective authorized signatories as of the Effective Date first written above.

FOR AND ON BEHALF OF THE COMPANY:

[COMPANY NAME] (Company Registration No.: _______________)

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Signature of Authorized Signatory

Name: __________________________________
Title: ___________________________________
Date: ___________________________________

In the presence of:

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Signature of Witness

Name: __________________________________
NRIC / Passport No.: _____________________
Date: ___________________________________

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THE INTERN:

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Signature of Intern

Name: [Intern's Full Name]
NRIC / Passport No.: _____________________
Date: ___________________________________

In the presence of:

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Signature of Witness

Name: __________________________________
NRIC / Passport No.: _____________________
Date: ___________________________________