MS NEW SYMPHONY EXERCISE CLINIC

The Earth, No 20-2 & 20-3, Jalan Bukit Jalil 1, Bumi Bukit Jalil,
Lebuhraya Puchong Sg Besi, 57000 Kuala Lumpur
EDWARD RAYAPAN, Date : 14 APRIL 2020
NO 9, LALUAN TAMAN MERU 29,
MERU 2B FASA 6,
JELAPANG 30020
IPOH PERAK.

Dear Mr Edward,

RE: LETTER OF APPOINTMENT

We are pleased to offer you employment in our Company under the following terms and
conditions: -

1. Designation

The Employee shall devote his full attention, loyalty and efforts to the faithful, loyal and
diligent performance of his responsibilities to the Employer. Without prior written
authorization of the Employer, the Employee shall not, directly or indirectly, during the
term of his employment:
a. Render services to any other organization of any form, whether for compensation or
otherwise, except as an Employee of the Employer
b. Engage in any business activity which, in the sole determination of the Employer, is
inconsistent with or adverse to the Employer’s interest or function, whether alone, or
as a partner, officer, director, employee or agent of any other entity
c. Furthermore, during the term of Employee’s employment by Employer, Employee
agrees that he will not work/participate in any outside employment, enterprise or
self-employment without the written consent of the Employer
d. Agrees to abide by and conform to the rules, regulations and policies of his
employment as may be established by the Employer from time to time and to
comply with all the applicable laws and regulations of Malaysia.

2. Description

The following is the description of the offered designation.

a. Conducting an assessment of the fitness level of clients or NCD’s patients and
advising on exercises prior to an event.
b. Examining and assessing clients or patients on their general health status as well as
other fitness perimeters to determine any physical limitation, underlying conditions
and current fitness level.
c. Develop tailored fitness training programmes and monitoring programmes according
to specific exercise prescription of respective NCD’s or appropriate fitness program to
a client.
d. Advising patients and clients on diet and nutrition limited to the suggestion that
complement their exercise prescription regime.
 e. Liaising with other healthcare professionals such as medical doctors on the NCD’s
patient treated by the ET on their medical status, progression & changes as well as
reverting any additional information to the referring physicians.
f. Monitor and reassess patients or clients accordingly on a monthly basis or
additionally anytime deemed necessary.
g. Educate and advise patients and clients on areas such as benefits of physical
activity, specific adaptation of exercise, dosage & intensity and other general
importance of fitness to an individual.
h. Raise awareness of health and fitness issues and promote the benefits of exercise.
i. You were assigned to do an extra role and task on Administration. Please refer to
role and task sheet for your references.

3. Working Hours

Mondays to Saturdays 8am till 5pm

The working hours will be set on a shift basis. The working schedule will be provided on
a monthly basis and is subject to change on the management’s discretion. This includes
updating of working hours from time to time. The Management reserves the right to
amend the working hours and days to facilitate the operations of the Company. You
would also be required to work on weekends and Public Holidays, if so required,
subjected to prior arrangement.

4. Assignment

The Management reserves the right to assign new job duties to you from time to time.

5. Date of Commencement

Your appointment shall commence on 18 Ju 2018.

6. Period of Probation & Confirmation of Employment

You will undergo six (6) months probationary period from the date of commencement.
Upon satisfactory completion of the probationary period, you will be informed in writing
of your confirmation. However, the Company reserves the right to extend the
probationary period for another three (3) months when necessary.
7. Remuneration & Benefits

You shall be paid a basic salary of RM 3,000.00 per month.

500 MSP (Monspace mall Point) shall be given to
you every month. Commission will be given to you based on number of clients
achieve on a monthly basis at the company’s discretion.

8. Bonus

Bonus is payable entirely at the discretion of the Company.

9. Medical Benefits

You will be entitled to paid medical leave per calendar year of:

Less than 2 years 14 days

2 years but less than 5 years 18 days
5 years or more 22 days

Paid medical leave refers to time off from work that workers can use to stay home to
address their health and safety needs without losing pay.

10. Annual Leave

You will be entitled to paid annual leave of: -

Less than 2 years 8 days
2 years but less than 5 years 12 days
5 years or more 16 days

Annual Leaves cannot be accumulated or carried forward to the following

year. The Management may set certain compulsory annual leave from time to time to
ensure the smooth running of the Company. You are not allowed to apply for any
Annual Leave during your probationary period. Upon confirmation of your employment,
you shall be entitled to Annual Leave Application. However the Company reserves the
right not to grant Annual Leave applied. Application 14 days in advanced.

11. Transferability

The Company reserves the right to transfer you to any subsidiary company, department,
section, and business location within or outside Malaysia without assigning any reason
whatsoever.
12. Confidentiality

You shall not without express authorization (in writing from the Management) disclose
or reveal to any third party any information concerning the business of the Company
howsoever the information may be acquired. This includes any systems, documentation,
pricing structure, commission structure, suppliers and customers’ data and any such
information which may be used to the detriment of the Company by its existing or
potential competitors. This undertaking not to disclose information shall apply both
during and after your service with the Company. Please note that failure to comply may
result in disciplinary action being taken against you together with claims for cost and
damages that may arise thereof.

13. Proprietary Information

All information, materials, document, brochures and plans handed to you in the course
of your employment are the property of the Company and shall be returned to the
Company upon termination or resignation of your employment.

14. Declaration

You have no direct or potential conflict of interests in relation to your employment in this
Company.

15. Ethics of Codes And Conduct

All employees of MS New Symphony Exercise Clinical Sdn. Bhd. must, at all times:

Act in the best interests of their clients. Respect their clients, other practitioners and
health professionals. Take responsibility for their own actions. Practise only within the
limits of their competence. Ensure their behaviour does not damage the reputation of the
profession and establishment, Observe confidentiality. Remain loyal and honest
throughout their service with the company. Maintain high standards of health and hygiene

Maintain and develop their knowledge and skills.

15.1 Conduct and behaviour
Professional conduct
 Employees must conduct their professional practice in a way that is a credit to the
profession. Any employee involved in any police arrest or conviction of a criminal
offence, other than for a minor motoring offence or receipt of a police caution will be
dismissed with 24-hours’ notice without compensation.
 Employees have a duty to take action if their own health or personal circumstances
could be affecting their ability to provide safe or effective treatment.
 The company have the rights to dismiss or penalize any of its employees whom have
been found to tarnish the reputation of the Company, its members and members of
the board.
 Company assets are never used for unlawful or improper purposes, including any
political or commercial bribery.
 Office hours inclusive of designated break hours, leaves and MCs are to adhere to
the company guidelines and failure to honour the requirement will result in salary
deduction and show cause letter to be issued.

Personal appearance and behaviour

Standard - Employees must dress and behave in a manner that is a credit to the
profession.
Guidelines - Employees must maintain a professional appearance at all times.
- Employees must wear clothing deemed appropriate for the practise and
follow advice on appropriate dress, as taught during training. Uniforms
are to be kept clean and in good condition. Appropriate adaptations to
dress may be made for religious and cultural purposes.
- Employees must act in a professional manner at all times.
- Employees must be able to communicate clearly and effectively.
- Employees must not undermine confidence in the profession through
poor conduct in their personal or professional life.

Professional boundaries
Standard - Great care must be taken at all times to maintain an appropriate and
professional relationship with clients.
Guidelines - Employees must never use their position of trust and confidence to
exploit the client in any way.
- Professional boundaries between the member and client must not be
blurred. A professional distance and appearance must be maintained at
all times to ensure the client feel ‘safe’ and to minimise the risk of a
 misunderstanding or complaint.
- Employees must avoid inappropriate touch, dress or conversation.
- Extra caution must be exercised when treating near an intimate area of
the body. No pressure should ever be placed on the client to have an
area of the body treated if they do not feel comfortable or safe to have
that are treated. If avoiding this area may potentially impact the efficacy
and benefits of treatment, the client should be advised accordingly.
However, ultimately, the client’s comfort is paramount and should
determine whether the treatment proceeds as intended, or needs to be
modified so that the area in question is avoided. If a treatment requires
touching the client near an intimate area, the member must explain this
to the client in a clear and professional manner. Note must then be
made on the consultation form to highlight that working near an
intimate
area was discussed, which the client in turn must sign to confirm that
they have understood and are happy to proceed with the treatment.
- Employee must establish and uphold clear sexual boundaries with
clients, to avoid breaking trust, compromising the reputation of the
profession, and potentially committing a criminal offence. Where a

member is sexually attracted to a client, it is the member’s responsibility

not to act on these feelings and to discontinue treatments in
professional manner if the member believes their feelings for the client
will impact their professional relationship.

Relationship with other professionals

Standard - Employees must act with respect for other practitioners and healthcare
professionals at all times.
Guidelines - Employees must work in a spirit of cooperation and foster good relations
with other therapists and healthcare professionals.
- Employees must never countermand instructions given by the client’s
doctor or other healthcare professional responsible for the client’s care.
- Employees must never discourage clients from continuing with other
medical treatment or care, or suggest the treatments they provide are an
alternative to orthodox medical treatment.

- Clients must be advised to tell their doctor or other healthcare

professional what complementary treatments they are having as an
adjunct to their medical care.
- Employees (even after resigning) must not solicit the clients of the
company and all its partners, (soliciting can be defined as directly or
indirectly requesting, persuading or encouraging clients to transfer their
 business).
- Employees must not criticise other therapists or healthcare professionals
to clients or other third parties. Where a member has due cause for
concern about the professional conduct of another therapist or healthcare
professional, the appropriate professional bodies must be informed.

15. 2 Assessing the client’s needs

Consultations and contraindications to treatment
Standard - Employees must carry out a full consultation, which covers the medical doctor
consultation and Physical Fitness Assessment, to ensure that treatment is
safe and appropriate for the client.
Guidelines - A full, written consultation (or the Dr. Fit Report) must be carried out for all
clients prior to treatment to ensure that the most appropriate treatment is
being given to the client and that no new contraindications. The completed
consultation form must be signed and dated, by both the member and the
client, or an appropriate individual on behalf of the client, if the client is a
child or vulnerable adult. Any changes to the client’s details or health status
must be noted and dated on their records, and taken into consideration when
providing further treatments. Even if there are no changes to the client’s
details or health status between treatments, it is a MUST that client signs the
consultation form at each appointment, to demonstrate that the information
has been reviewed and remains current. Patients must also be assess on
monthly basis and their exercise program to be reviewed.
- Following a consultation, if the Exercise Therapist has any concern regarding
the client’s health and safety, they must decline, defer or stop treatment and
must refer the client to the medical doctor or another healthcare professional
to seek a diagnosis and medical advice, and a note made on the client’s
records.

Informed consent
Standard - The member must obtain informed and voluntary consent to assess and treat
a client.
Guidelines - Prior to any physical assessment or treatment, the member must ensure that
the client has given consent to be assessed and treated.
- Consent must be ‘informed’, ie. the member must explain clearly to the client

what the treatment involves, its purpose, limitations, potential benefits and
any contra-actions before the client can make a decision and give consent to
that treatment. In addition, the member needs to be confident that the client
can understand, remember and ‘weigh up’ the information they have been
given in order to make a decision and provide informed consent.
- Consent from the client’s doctor or another medical professional responsible
 for their care (ie. a midwife) must always be sought before treating a client
who has a medical contraindication to treatment.
- Consent from the client’s doctor or other medical professional responsible for
the client’s care can be written or verbal. If consent is verbal, the client must
sign and date a statement on their records, confirming that they have
obtained verbal consent from their doctor. Written consent must be attached
or kept with the client’s records.
- Where consent is required from the client’s doctor or another medical
professional, and this has been refuse or not given, Employees (Exercise
Therapist) must discontinue treatment or decline to treat the client. This
applies even if the client indicates they would like to go ahead with treatment,
without their doctor’s or other medical professional’s consent.

15.3 Respecting the client’s privacy, dignity and cultural differences

Confidentiality
Standard - The therapist/client relationship is based on trust. Employees must protect
the client’s personal information against improper disclosure or use.
Guidelines - The member must treat all information regarding the client as confidential
and must only use this information for the purpose for which it was given.

- If working with others who need access to the client’s records for
professional purposes, it is important that appropriate procedures are in
place and that everyone who has access to personal and sensitive data
about a client understands the need for, and importance of,
confidentiality.
- Employees must not discuss or share any details regarding the client
with any third party, except with the express permission of the client.
- If a member believes the client may be at significant risk of death or
serious harm (for example, if the client is in real danger of suicide, or
there are concerns for the welfare of a client who is a child or vulnerable
adult), or if the client may cause death or serious harm to others,
relevant personal details should only be shared with the proper
authorities, such as social services or the emergency services.

Record keeping and data protection

Standard - Client records must be clear, relevant, and up to date and kept secure.
Guidelines - Client records must be legible, professional and in the English language, or in
the official language of the country where the practise is.
- It is essential to keep full and accurate records for all clients, including details
regarding every treatment they have had and any products or equipment used
as part of these treatments. As well as being good practice, in the event of a
dispute or potential insurance claim, the member may have to rely on these
records in court to justify their actions/ decisions.
- Client records must be reviewed and updated where necessary, at every
treatment. When changes or additions are made to a client’s records, these
must be dated and initialled by the member and/or client, where appropriate.
Even if there are no changes to the client’s details or health status between
treatments, it’s a must that the client signs the consultation form at each
appointment, to demonstrate that the information has been reviewed and
remains current.
- Recognised treatment outcomes and any possible risks associated with
treatment must be discussed with the client, prior to the treatment taking
place, and a note of this made on their records. Recognised treatment
outcomes may be defined as ‘normal’ responses to treatment and might
include, for example, erythema or increased urination following an exercise.
- When sharing records that contain personal or sensitive data about a client
with other staff, practitioners and/or health professionals for the purposes
administration or treatment, it must be made clear that this data is confidential
and must be treated as such.
- Records must not be disclosed to any other third party without the written
permission of the client. (Some exceptions are outlined in Sections 3.1.3.1;
3.2.8; and 3.2.14.)
- All clients have the right to access any personal data about them held on
record.
- Employees must comply with data protection law and legislation
- All records containing personal and sensitive data must be kept secure.
- Personal data obtained and kept on record about clients must be relevant to
treatment and not excessive. Clients must be made aware of why this
information is being obtained (known as ‘specified purpose’) and how this
information will be used. The member cannot use a client’s personal information
beyond any agreed specified purpose.
- Under certain circumstances, non- identifiable data about clients can be used,
ie. for auditing and planning healthcare services.

Client modesty and dignity

Standard - Employees must always protect their client’s modesty and sense of dignity.
Guidelines - Items of clothing must only be removed where appropriate to treatment.
- Where treatment requires the removal of clothing, these items must
 be removed by the client. If the client is physically unable to remove items of
clothing for themselves (for instance, due to poor mobility or a chronic health
condition), then the member must obtain permission to do this on behalf of the
client and ensure that they are comfortable once the clothing has been
removed. Alternatively, a relative or carer may remove the clothing on behalf of

the client, with the client’s consent.

- No pressure must ever be placed on the client to remove items of clothing if it is

against their wishes.

- Clients must be advised during the consultation which items of clothing, if any,
they are required to remove for treatment.
- Should a client not wish to remove certain items of clothing, the member must
respect their wishes and make the client aware of the limitations this may place
on treatment efficacy and outcomes. A full and thorough consultation should
help to identify and resolve any issues in this area.
- If it is necessary to adjust the client’s underwear or other garments for
treatment, and it would be impractical for the client to make the necessary
adjustment themselves, the member must obtain permission to do this on
behalf of the client and ensure that they are comfortable with the adjustment.
- When removing items of clothing (or getting dressed after treatment), clients
must be given a level of privacy appropriate to the level of disrobing required.
Where possible, the member must leave the room if the client is getting
undressed, providing them with ample time to remove their clothing and clear
guidance as to how to position and cover themselves on the treatment couch
with the modesty towels/garments provided.
- During treatment, it is recommended that all areas of the client’s body remain
covered, other than the area being measured.

Equality and diversity

Standard - Clients must be treated fairly and without discrimination.
Guidelines - Employees must promote equality in line with relevant equality, human rights
and anti- discrimination legislation.
- Employees must not refuse a service to clients, or provide a lower standard of
service, on discriminatory grounds.
- Employees must never allow their personal views about gender, age, ethnicity,
disability, sexuality, social or economic status, lifestyle, cultural or religious
beliefs affect how they treat or advise a client.
- Employees must ensure clients with disabilities have access to treatment,
where practicable, and have a written policy in place regarding the treatment
of people with a disability.
15.4 Competency and accountability
Scope of practice
Standard - Employees must recognise and work within their limits of knowledge, skills
and competence.
Guidelines - Employees must only carry out treatments and give advice within their
area of competence, ie. for those treatments/therapies in which they have
received the proper training and are duly qualified to perform.
- Employees are only permitted to offer therapies/treatments approved by
the company, for which they hold relevant qualifications.
- Employees must not claim to diagnose, treat, heal or cure medical
conditions, unless they are medically qualified to do so.
- Employees must advise clients to seek the services of another professional
who is suitably qualified, if it is in the client’s best interests to have a
treatment that is beyond the scope of the member.

Continuing Professional Development (CPD)

Standard - Employees must maintain and improve their professional skills, knowledge
and performance, in keeping with industry standards. Employees are
encouraged to attend seminars and skills enhancement program for their self
development and appropriate leave can be obtained from the company for
such event.
Complaints
Standard - Members must have a complaints procedure in place.
Guidelines - There must be a written complaints procedure in place that clients can
readily access if they are unhappy with the service received.
- The staff concerned must deal promptly and fairly with any complaint made
by a client.

15.5 Safe practice

Health and Safety
Any equipment or products used in the company must be clean, well maintained,
and safety checked as appropriate. Manufacturer instructions and guidelines
must be adhered to regarding use, maintenance, relevant safety testing, storage
and disposal.

Hygienic practice
Standard - Employees must adhere to high standards of practice in relation to
hygiene.

Guidelines - Employees must maintain high levels of hygiene at all times in order to
protect themselves, clients and others from infectious agents, including
bacteria, viruses, infestations and fungal infections.
- Employees must ensure high standards of personal hygiene, to prevent
 cross-contamination and convey a professional image.
- Hands must be appropriately cleaned between clients.
- Therapy clothing must be smart, clean, safe and practical. Tops must
have short sleeves (above the elbow) and shoes enclosed, where
cross-contamination presents a health risk.
- Where treatment may involve contact with mucous membrane, blood,
or other bodily fluids that may present a risk of cross-infection,
disposable gloves must be worn.
- Any cuts or abrasions must be covered with a waterproof dressing.
- Nails must be trimmed and clean, and hair tied back and worn neatly in
a style that does not require frequent re- adjustment.
- Jewellery must be kept to a minimum, and be appropriate to the
treatment and context in which the treatment is given. Jewellery must in
no way create a risk of cross-infection, or impact the comfort or health
and safety of the client.
- Any visible tattoo or body markings should be concealed and covered
during practice hours.
- Employees must adhere to the necessary cleansing, disinfecting and
sterilising procedures expected of their respective therapies/treatment,
to ensure their working environment, products and equipment are
hygienic and do not present a risk to health.
- Employees must not have pets or animals within, or passing through,
the treatment area. Exceptions may be made for clients with guide to

hearing dogs, however appropriate rigorous cleaning routines must be

followed when the client has left the premises.

16 Notice of Resignation or Termination

Twenty-four hours’ notice in writing or one day pay in-lieu by either party during the
probationary period. One month notice in writing or one month pay in-lieu by either
party upon the confirmation of employment.
 The employment of the Employee may be terminated by the Employer without prior
notice for any of the following reasons;-
 For failure to discharge his duties to the satisfaction of the Employer, for
insubordinate acts, for engaging in any activity which violates the express terms of
this Agreement.
 Any injury, sickness or disability that would prohibit the Employee from fully
discharging his duties or which causes said Employee to miss more than 30 days of
work in one year.
 If Employee becomes Bankrupt or makes any arrangement or composition with
Creditors
 If Employee is convicted of any criminal offence other than an offence which in the
opinion of the Employer does not affect his position as an Employee of the
Employer.
We welcome you on board our team and look forward to your future contributions and growth
in the Company.

Please sign and return the duplicate copy of this letter to signify your acceptance of this
offer of employment.

Yours sincerely
MS New Symphony Exercise Clinic

HANIZA BINTI AHMAD ZAHARUDIN

CHIEF OPERATING OFFICER

……………………………………………………………………………………………………………………………………….

I, __________________________________ NRIC. No._____________________ hereby

accept / reject the above offer of employment with its terms and conditions stipulated herein.

Signature: __________________________ Date: __________________