Cleaning Services Agreement (Malaysia)
CLEANING SERVICES AGREEMENT
Contracts Act 1950 (Malaysia) | Occupational Safety and Health Act 1994 | Employment Act 1955
THIS CLEANING SERVICES AGREEMENT is entered into on [Agreement Date]
BETWEEN:
(1) [Provider Name], of [Provider Address] (hereinafter referred to as the "Service Provider"); AND
(2) [Client Name], of [Client Address] (hereinafter referred to as the "Client").
The Service Provider and the Client are hereinafter collectively referred to as "the Parties".
1. SCOPE OF SERVICES
1.1 The Service Provider agrees to provide cleaning services at the premises located at [Premises Address] (the "Premises"), being a [Premises Type] premises, in accordance with the scope set out in this Agreement.
1.2 The cleaning services shall include: [Scope of Services] (the "Services").
1.3 The Services shall be performed [Service Frequency] during the hours of [Service Hours], unless otherwise agreed in writing by the Parties.
1.4 The Service Provider shall provide all cleaning equipment, materials, and consumables necessary to perform the Services unless otherwise agreed in writing.
2. TERM
2.1 This Agreement shall commence on [Agreement Date] and shall continue for a period of [Contract Term], unless earlier terminated in accordance with Clause 8 of this Agreement.
2.2 Upon expiry of the initial term, this Agreement shall automatically renew on a month-to-month basis unless either Party gives written notice of non-renewal at least [Notice Period] before the expiry date.
3. FEES AND PAYMENT
3.1 In consideration of the Services, the Client shall pay the Service Provider a monthly service fee of [Monthly Fee] (the "Service Fee").
3.2 The Service Fee shall be payable on [Payment Due Date] of each month by bank transfer or such other method as agreed in writing.
3.3 If the Client fails to pay any amount due within fourteen (14) days of the due date, the Service Provider may charge interest at the rate of 1.5% per month on the outstanding amount, in addition to any other remedies available under the Contracts Act 1950.
3.4 All fees stated are exclusive of Service Tax (SST) under the Service Tax Act 2018 where applicable. SST, if applicable, shall be paid by the Client in addition to the Service Fee.
4. OBLIGATIONS OF THE SERVICE PROVIDER
4.1 The Service Provider shall perform the Services diligently, professionally, and to a standard reasonably expected of a competent cleaning services company.
4.2 The Service Provider shall comply with all applicable laws, including the Occupational Safety and Health Act 1994 (OSHA 1994), the Employment Act 1955, and the Minimum Wages Order 2022 in respect of all personnel deployed to the Premises.
4.3 The Service Provider shall maintain valid SOCSO coverage under the Employees' Social Security Act 1969 and EPF contributions under the Employees Provident Fund Act 1991 for all Malaysian and permanent resident workers.
4.4 The Service Provider shall ensure that all personnel deployed to the Premises are trained, competent, and, where required for the type of premises, hold any applicable certifications.
4.5 The Service Provider shall not subcontract the whole of the Services without the prior written consent of the Client.
5. OBLIGATIONS OF THE CLIENT
5.1 The Client shall provide the Service Provider's personnel with safe and unobstructed access to the Premises during the agreed service hours.
5.2 The Client shall inform the Service Provider of any hazards, restricted areas, or special requirements at the Premises relevant to the safe performance of the Services.
5.3 The Client shall ensure that the Premises comply with the Occupational Safety and Health Act 1994 to the extent that the condition of the Premises may affect the safety of the Service Provider's personnel.
6. INSURANCE AND LIABILITY
6.1 The Service Provider shall maintain, throughout the term of this Agreement: (a) public liability insurance with a minimum coverage of [Liability Insurance Amount] per incident; and (b) workmen's compensation insurance under the Workmen's Compensation Act 1952 or SOCSO coverage for all personnel deployed to the Premises.
6.2 The Service Provider's liability to the Client for any claim arising under or in connection with this Agreement shall not exceed [Liability Cap], except in the case of death or personal injury caused by the Service Provider's negligence, or fraud.
6.3 The Client shall be responsible for any loss or damage to the Service Provider's equipment caused by the Client's negligence or the acts of the Client's personnel.
7. CONFIDENTIALITY AND DATA PROTECTION
7.1 The Service Provider's personnel shall not disclose any confidential information of the Client obtained in the course of performing the Services, including information regarding the Client's business, personnel, or operations.
7.2 Both Parties shall comply with the Personal Data Protection Act 2010 (PDPA 2010) in respect of any personal data processed in connection with this Agreement.
8. TERMINATION
8.1 Either Party may terminate this Agreement without cause by giving [Notice Period] written notice to the other Party.
8.2 Either Party may terminate this Agreement immediately by written notice if the other Party: (a) commits a material breach of this Agreement and fails to remedy the breach within fourteen (14) days of receiving written notice identifying the breach; (b) becomes insolvent or unable to pay its debts as they fall due; or (c) ceases or threatens to cease carrying on business.
8.3 Upon termination, the Client shall pay all outstanding amounts owed to the Service Provider up to the date of termination. The Service Provider shall return all keys, access cards, and the Client's property in its possession.
9. GENERAL PROVISIONS
9.1 This Agreement is governed by the laws of Malaysia and the Parties submit to the jurisdiction of the courts of [Governing Jurisdiction].
9.2 Any dispute arising out of this Agreement shall first be referred to senior representatives of the Parties for resolution by negotiation. If not resolved within fourteen (14) days, either Party may refer the dispute to the courts of [Governing Jurisdiction].
9.3 This Agreement constitutes the entire agreement between the Parties regarding the Services and supersedes all prior discussions, negotiations, and agreements.
9.4 No variation of this Agreement shall be effective unless made in writing and signed by authorised representatives of both Parties.
Service Provider
________________
Signature
Client
________________
Signature
What Is a Cleaning Services Agreement (Malaysia)?
A Cleaning Services Agreement in Malaysia sets out the rights and obligations the parties agree to be bound by.
The Contracts Act 1950 governs the formation and enforceability of Cleaning Services Agreements in Malaysia. Section 10 of the Contracts Act 1950 requires that both parties be competent to contract — of majority age under the Age of Majority Act 1971, of sound mind, and not disqualified from contracting by any law. Consideration, in the form of the service fee paid by the client in exchange for the cleaning services provided, is a mandatory element under Section 26 of the Contracts Act 1950.
Where the cleaning company engages workers, the Employment Act 1955 (as amended by the Employment (Amendment) Act 2022) governs the minimum terms of employment, including minimum wage under the Minimum Wages Order 2022 (MYR 1,500 per month from February 2023), rest days, overtime, and annual leave. A Cleaning Services Agreement between the company and the client is separate from the employment contracts between the company and its cleaners, but the client's liability may be relevant where workers are injured on the client's premises under the Occupational Safety and Health Act 1994 (OSHA 1994).
In Malaysia, cleaning companies operating commercially may be required to register with SSM under the Companies Act 2016, the Sole Proprietorships and Partnerships Act 1956, or as a limited liability partnership under the Limited Liability Partnerships Act 2012. Larger cleaning contracts for government buildings or statutory bodies are subject to the Government Contracts Act 1949 and the procurement guidelines issued by the Ministry of Finance Malaysia.
A Cleaning Services Agreement should be distinguished from a Facilities Management Agreement, which covers a broader range of building maintenance services including security, pest control, and mechanical and electrical maintenance. The Cleaning Services Agreement focuses specifically on cleaning activities and does not transfer property rights or constitute a tenancy arrangement under the National Land Code 1965.
The legal framework governing the Cleaning Services Agreement (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Cleaning Services Agreement (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Companies Act 2016 (Act 777) sets the foundational requirements.
When Do You Need a Cleaning Services Agreement (Malaysia)?
A Cleaning Services Agreement in Malaysia is needed whenever a business or individual engages a professional cleaning company to perform cleaning work at their premises on a regular or one-off basis.
A Cleaning Services Agreement is required when a commercial property owner or tenant engages a cleaning company to provide daily, weekly, or monthly office cleaning services. Without a written agreement, disputes over the scope of work — whether window cleaning, carpet shampooing, or pantry sanitisation are included — may result in claims under the Contracts Act 1950 for breach of implied terms.
A Cleaning Services Agreement is needed when a housing developer or property management company engages a cleaning contractor for common areas of a stratified building under the Strata Management Act 2013. The Strata Management Tribunal has jurisdiction over disputes between management corporations and service providers involving amounts up to RM 250,000, making a well-drafted agreement essential for determining the contractor's scope and liability.
A Cleaning Services Agreement is required when a hospital, clinic, or healthcare facility contracts for specialised clinical or medical cleaning services. Under the Private Healthcare Facilities and Services Act 1998 and the guidelines of the Ministry of Health Malaysia, healthcare premises must maintain specified hygiene standards, and the agreement should define the disinfection protocols and compliance obligations.
A Cleaning Services Agreement is needed when a factory or industrial facility engages a cleaning company to handle post-production cleaning, chemical spill cleanup, or high-risk area sanitisation. The Occupational Safety and Health Act 1994 (OSHA 1994) imposes duties on both the cleaning company and the factory occupier regarding safe working conditions, and the agreement should allocate responsibility for OSHA compliance between the parties.
A Cleaning Services Agreement is required when a restaurant, food court, or food processing facility contracts for kitchen deep-cleaning services. The Food Hygiene Regulations 2009 under the Food Act 1983 impose specific cleanliness requirements, and the agreement should specify compliance with these regulations and the consequences of regulatory non-compliance.
What to Include in Your Cleaning Services Agreement (Malaysia)
A complete and enforceable Cleaning Services Agreement in Malaysia must contain the following essential elements.
Identification of Parties: The agreement must state the full legal names, SSM registration numbers (for corporate entities registered under the Companies Act 2016), and registered addresses of both the cleaning service provider and the client. Under Section 10 of the Contracts Act 1950, parties must be legally competent to contract.
Scope of Services: The agreement must precisely define the cleaning services to be provided — specifying areas covered (office floors, washrooms, reception, car park, external facades), tasks included (vacuuming, mopping, sanitising, window cleaning, waste removal), and tasks expressly excluded. An ambiguous scope of work is a frequent source of disputes that the Magistrates Court of Malaysia hears in breach-of-contract claims.
Service Schedule and Frequency: The agreement must specify when services will be performed — daily, weekly, fortnightly, or monthly — and the hours during which cleaning staff may access the premises. Where access to secured areas is required, the agreement should address security clearance and key-holding arrangements.
Fees and Payment Terms: The agreement must state the service fee in Malaysian Ringgit (MYR), the payment frequency (monthly in advance or arrears), the invoice date, and the due date for payment. Late payment provisions should reference an agreed interest rate or the Commercial Debt (Late Payment) provisions applicable to commercial contracts in Malaysia.
Equipment and Supplies: The agreement should specify whether cleaning equipment and consumables (detergents, mops, vacuum cleaners) are supplied by the cleaning company or the client, and should allocate responsibility for the cost of specialised cleaning agents.
Insurance and Liability: The agreement must require the cleaning company to maintain public liability insurance (minimum coverage amount specified in MYR) and workmen's compensation insurance under the Workmen's Compensation Act 1952 or SOCSO contributions under the Employees' Social Security Act 1969 for all cleaning workers. The agreement should cap the service provider's liability at an agreed multiple of the monthly service fee.
Health, Safety, and Compliance: The agreement must require the cleaning company to comply with the Occupational Safety and Health Act 1994, the Factories and Machinery Act 1967 (where applicable), and the Environmental Quality Act 1974 for disposal of hazardous cleaning waste. Both parties should acknowledge their respective duties of care to cleaning personnel.
Termination and Notice: The agreement must specify the notice period required for termination by either party — typically 30 days for monthly contracts. The agreement should also provide for immediate termination for cause, including non-performance, breach of confidentiality regarding the client's premises, or criminal conduct by cleaning staff.
Signatures and Execution: For corporate parties, execution must comply with Section 66 of the Companies Act 2016 — signed by two directors, or one director and the company secretary. For an individual client, a single signature with witness is sufficient for evidentiary purposes.
Additional compliance elements for a Cleaning Services Agreement (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Cleaning Services Agreement (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/business/services/cleaning-services-agreement-malaysia
"Cleaning Services Agreement (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/business/services/cleaning-services-agreement-malaysia.
@misc{formslegal-cleaning-services-agreement-malaysia,
author = {{Forms Legal}},
title = {Cleaning Services Agreement (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/business/services/cleaning-services-agreement-malaysia}},
note = {Free legal document template. Based on Companies Act 2016 (Act 777)}
}
Frequently Asked Questions
A Cleaning Services Agreement is legally binding in Malaysia under the Contracts Act 1950 provided it satisfies the requirements of a valid contract: offer, acceptance, consideration, and the capacity of both parties under Section 10 of the Contracts Act 1950. The cleaning fee paid by the client in exchange for the services performed by the cleaning company constitutes sufficient consideration under Section 26. Malaysian courts, including the Magistrates Court (for claims up to RM 100,000) and the Sessions Court (for claims up to RM 1,000,000), enforce written Cleaning Services Agreements as ordinary commercial contracts. Oral agreements are also binding under the Contracts Act 1950 but are significantly harder to enforce in court due to the evidentiary difficulties of proving the agreed terms.
A cleaning company operating in Malaysia should carry at least three categories of insurance. First, public liability insurance to cover third-party property damage or personal injury caused by cleaning staff while on the client's premises — a minimum coverage of RM 1,000,000 per incident is standard for commercial contracts. Second, workmen's compensation insurance under the Workmen's Compensation Act 1952 for foreign workers who are not covered by SOCSO, or SOCSO (Pertubuhan Keselamatan Sosial) contributions under the Employees' Social Security Act 1969 for Malaysian and permanent resident workers. Third, an employer's liability policy covering claims by employees for work-related injuries. The Occupational Safety and Health Act 1994 (OSHA 1994) requires both the cleaning company and the premises occupier to maintain a safe working environment, and the Cleaning Services Agreement should clearly allocate insurance responsibilities between the parties.
The minimum wage for cleaning workers in Malaysia is RM 1,500 per month (or RM 7.21 per hour) as mandated by the Minimum Wages Order 2022, which came into force on 1 May 2022 and was further updated effective 1 February 2023. The Employment Act 1955 (as amended by the Employment (Amendment) Act 2022, which expanded coverage to all employees regardless of wage level effective 1 January 2023) governs working hours, overtime, rest days, and annual leave for cleaning workers. Cleaning companies must also contribute to the Employees Provident Fund (EPF/KWSP) under the Employees Provident Fund Act 1991 — employer contribution rate is 13% for employees earning RM 5,000 or below — and to SOCSO under the Employees' Social Security Act 1969. Failure to comply with these statutory obligations can result in prosecution and fines under the respective Acts.
The notice period required to terminate a Cleaning Services Agreement in Malaysia depends on what the parties have agreed in the contract. In the absence of an express term, the court will imply a reasonable notice period based on the duration and nature of the arrangement. For month-to-month cleaning contracts, 30 days' written notice is standard market practice. For annual contracts, a notice period of 30 to 60 days is typical. Under the Contracts Act 1950, either party may terminate immediately for a material breach — such as the cleaning company's persistent failure to perform, or the client's refusal to pay invoices — without the obligation to give the standard notice period. The agreement should expressly state the grounds for immediate termination, the consequences of termination (including final invoicing and return of keys or access cards), and whether any refund of pre-paid fees is due.
Liability for injury to a cleaning worker on the client's premises in Malaysia is governed by the Occupational Safety and Health Act 1994 (OSHA 1994) and common law principles of negligence. Under OSHA 1994, Section 15, every employer has a duty to ensure the safety, health, and welfare of all employees, and this obligation may extend to the client as the occupier of the premises under Section 17 if the occupier has control over the work environment. The client as premises occupier also owes a duty of care to cleaning staff under the Occupiers Liability principles derived from common law, as applied by Malaysian courts. The Cleaning Services Agreement should allocate liability clearly — typically requiring the cleaning company to be solely responsible for injuries arising from the company's negligence or failure to provide safe equipment, while the client bears responsibility for hazards arising from the condition of the premises that were not disclosed to the cleaning company.
A Cleaning Services Agreement in Malaysia can be terminated for unsatisfactory performance if the agreement expressly provides for termination for cause, or if the failure to perform constitutes a breach of condition (as opposed to a breach of warranty) under the Contracts Act 1950. A systematic failure to meet the agreed cleaning standard — for example, persistent failure to sanitise washrooms to the standard specified in the scope of works — may constitute a repudiatory breach entitling the innocent party to treat the contract as discharged. Best practice is for the agreement to include a remedy mechanism: written notice identifying the deficiency, a specified cure period (e.g., 14 days), and then termination rights if the breach is not remedied. Under Section 40 of the Contracts Act 1950, a party who refuses to perform or disables themselves from performing allows the other party to terminate and claim damages.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Service Agreement (Malaysia)
A legally binding Service Agreement for Malaysia setting out the terms under which a service provider delivers services to a client. Governed by the Contracts Act 1950, covering scope of services, fees, payment terms, intellectual property ownership, termination, and dispute resolution under Malaysian law.
Maintenance Agreement (Malaysia)
A Maintenance Agreement for Malaysia that defines the terms for ongoing maintenance and repair services for equipment, systems, or premises. Covers scope of maintenance, service levels, response times, fees in MYR, liability, and compliance with the Occupational Safety and Health Act 1994 under the Contracts Act 1950.
Security Services Agreement (Malaysia)
A Security Services Agreement for Malaysia that engages a licensed security company to provide guarding, patrol, or electronic security services under the Private Agencies Act 1971, Private Agencies Regulations 1973, and the Guidelines on Security Services issued by the Ministry of Home Affairs (MOHA). Covers scope of services, personnel licensing, indemnity, and termination.