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Human Resources

Differentiate Between ‘Contract of Service’ VS ‘Contract for Service’

Contract of Service

When providing an employment contract to staff or contractors, the differentiation between a 'Contract of Service' and a 'Contract for Service' hinges on the employment or service arrangement and the relationship between the involved parties.

Contract of Service Contract for Service
Definition The employee follows the employer's guidance & instructions in carrying out their work. The service provider who is providing services to clients
Relationship Employment Contractor
Level of control Working hours are specific No specified working hours
Remuneration Wages Service fee per job basis
Contribution

- Paid leave
- EPF / SOCSO / EIS / HRDC
- Compensation & allowance
- Insurance & other benefit

- NIL

Substitute Staff

The Employment Act

Tools Provide

Risk share

Share profit but no risk

Share profit and risk

Tax payable

By employer

Own responsible for own tax

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教你轻松搞定 E-Invoice