Employee Severance Agreement Template for Malaysia

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Key Requirements PROMPT example:

Employee Severance Agreement

"I need an Employee Severance Agreement for our departing Chief Technology Officer based in Kuala Lumpur, including provisions for unvested stock options, continued health benefits until March 2025, and strong non-compete clauses suitable for a senior executive in the technology sector."

Document background
The Employee Severance Agreement is a crucial document used in Malaysia when formally terminating an employment relationship through mutual agreement or as part of a structured separation process. It is designed to comply with Malaysian employment laws, including the Employment Act 1955, Industrial Relations Act 1967, and related legislation. This document is typically used during corporate restructuring, redundancy situations, mutual separation arrangements, or when negotiating an amicable exit for senior executives. The agreement comprehensively addresses severance payments, statutory benefits, confidentiality obligations, release of claims, and post-employment restrictions. It serves to protect both employer and employee interests while ensuring legal compliance and minimizing the risk of future disputes.
Suggested Sections

1. Parties: Identification of the employer and employee with complete legal names and details

2. Background: Brief context of the employment relationship and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship ends and final working day details

5. Severance Payment: Details of severance compensation, payment schedule, and tax treatment

6. Statutory Benefits: Treatment of accrued leave, EPF contributions, and other statutory entitlements

7. Company Property: Requirements for return of company property and documentation

8. Confidentiality Obligations: Ongoing duties regarding confidential information

9. Release of Claims: Mutual release of claims and waiver of rights

10. Tax Implications: Statement on tax treatment and responsibilities

11. Governing Law: Specification of Malaysian law as governing law and jurisdiction

12. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices

Optional Sections

1. Non-Competition: Restrictions on working for competitors, used for senior executives or specialized roles

2. Non-Solicitation: Restrictions on soliciting employees or customers, typically for management positions

3. Intellectual Property Rights: Special provisions for employees who created IP during employment

4. Continuing Obligations: Any ongoing duties or transitional responsibilities

5. Reference Letter: Terms regarding the provision of employment references

6. Outplacement Services: Details of any career transition support provided

7. Medical Benefits Extension: Continuation of medical benefits if applicable

8. Share Options/Awards: Treatment of outstanding share options or equity awards

Suggested Schedules

1. Schedule 1 - Severance Calculation: Detailed breakdown of severance payment calculation

2. Schedule 2 - Outstanding Benefits: List of accrued benefits and their calculation

3. Schedule 3 - Company Property Checklist: Itemized list of company property to be returned

4. Appendix A - Release Form: Detailed release of claims form

5. Appendix B - Confidential Information: Specific details of confidential information covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Retail

Healthcare

Education

Construction

Telecommunications

Energy

Hospitality

Logistics

Real Estate

Mining

Agriculture

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Compliance

Risk Management

Corporate Secretarial

Internal Audit

Employee Relations

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Department Head

Senior Manager

Manager

Executive

Professional Staff

Administrative Staff

Technical Specialist

Sales Representative

Operations Manager

Project Manager

Research & Development Engineer

Production Supervisor

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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