Basic Skills for Writing the Contract of Service

The contract of service forms the legal and relational foundation of the employment relationship. However, many organisations rely on inherited or “cut-and-paste” contracts containing unintended, ambiguous, or overly rigid terms. These drafting weaknesses expose employers to hidden legal risks, restrict operational flexibility, and create long-term liabilities. This intensive one-day online programme focuses exclusively on the planning and drafting stage of the contract of service. Participants will learn how to draft clear, compliant, flexible, and balanced employment contracts that protect business interests while remaining fair and enforceable. PRE-REQUISITE • Stable Internet Connection • Webcam and Earphones OBJECTIVE At the completion of this course, you will be able to: • Understand the legal fundamentals of a valid and enforceable contract of service • Identify mandatory vs discretionary clauses, and contractual vs policy terms • Draft flexible core terms without surrendering management prerogatives • Avoid common drafting traps that lead to unintended rights, rigidity, or liability • Apply a clear drafting checklist to real employment contracts COURSE CONTENT Module 1: Foundations of the Contract of Service • Purpose: Establish legal grounding and mindset for proper drafting • What a “contract” means in law • What makes a contract of service (vs other work arrangements) • Mandatory contents and consideration • Risks of oral, implied, or poorly drafted contracts • Why fairness + flexibility must coexist Module 2: Essential Elements & Immediate Legal Effects • Purpose: Understand what legally binds parties the moment they sign • Offer, acceptance, consideration & intention • Required vs optional clauses • Void, voidable & unenforceable terms • What becomes binding immediately upon signing • Common drafting mistakes that create unintended obligations Module 3: Drafting Flexible Core Employment Terms • Purpose: Preserve operational flexibility without breaching fairness • Job title & duties: avoiding over-specification • Place of work & mobility clauses • Working hours, rest days & public holidays • How wording silently limits management rights • Drafting techniques to avoid rigidity Module 4: Protecting the Business Without Overreaching • Purpose: Embed protection while remaining enforceable • Confidentiality & data protection • Intellectual property ownership • Return of company property • Excluding unintended benefits or entitlements • Entire agreement clauses & pre-contract statements • Integrated Coverage: o Restrictive covenant principles (non-compete, non-solicitation) o What courts consider reasonable o When non-competes fail Module 5: Policies, Implied Obligations & Future Planning • Purpose: Prevent accidental contractual commitments • Why employee handbooks should not be contractual • Reservation of rights & policy flexibility clauses • Implied duties (fidelity, obedience, care, confidentiality) • Planning for fixed-term, renewal & post-retirement engagement • Avoiding accidental permanent employment Module 6: Job Offers, Ethical Drafting & Practical Wrap-Up • Purpose: Close risk gaps and consolidate learning • Legal status of signed job offers • Lawful rescission & risk mitigation • Conditional offers & contingencies • Ethical and reputational considerations • Final drafting checklist & action steps WHEN & WHERE 19 October 2026 (Monday); 9.00 am to 5.00 pm Remote Online Training – Zoom WHO SHOULD ATTEND Human Resource Professionals & People Managers; Business Owners, Founders & SME Leaders; Legal & Compliance Officers; Line Managers & Heads of Departments; and anyone tasked to manage employment contracts TRAINING INVESTMENT RM 800 per participant (inclusive of Service Tax, Online Course Materials, and E-Certificate of Attendance) 🔥Group Promo: Save 15% Register min. 3 pax for RM 680 per pax (NR: RM 800) HRD Corp Claimable (SBL-Khas) TRAINER'S PROFILE Dr. Chan Wang Tak Current: • Author of “400 Q&A on the Practice of Malaysian Labour Laws” • Recognized Pakar Industry Negara by JPK Malaysia • HR Consultant for MNCs, GLCs, SMEs • Elected Council Member of Malaysian Inst of Human Resource Management • Lecturer for Certified HR Manager training program • HRDF certified trainer for HR Management and other soft skills courses • Trains in 3 languages • Certified RPL assessor Formerly: • Industrial Court Panel Member • Group HR Manager of public listed company • HR Manager of semiconductor company • Guest lecturer at pvt university Experience: • Represent client at labour court • Develop salary structure, perform salary review for clients • Conduct TNA and HR Audit • Review, revise HR polices and contract of service, write HR policy manual & employee handbook • Reorganizing and re-training HR Dept for client • Set up training department for client on turnkey handover basis. • Negotiate collective agreement