Severance Pay Contract Template for Malaysia

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Key Requirements PROMPT example:

Severance Pay Contract

"I need a Severance Pay Contract for a manufacturing company undergoing restructuring in March 2025, with specific provisions for employees with over 10 years of service and including clauses for extended medical benefits coverage."

Document background
The Severance Pay Contract serves as a crucial legal document in Malaysian employment relationships, typically used during workforce restructuring, redundancy situations, or mutually agreed employment terminations. This document is essential for companies operating in Malaysia to ensure compliance with local employment laws while providing clear terms for severance payments and associated benefits. It addresses key requirements under the Employment Act 1955, Industrial Relations Act 1967, and Employment Insurance System Act 2017, offering protection for both employer and employee interests. The contract typically becomes necessary during company restructuring, downsizing operations, or when implementing voluntary separation schemes, providing a clear framework for termination benefits and obligations.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the severance agreement, including employment history and reason for termination

3. Definitions: Key terms used throughout the agreement including 'Severance Pay', 'Effective Date', 'Final Working Day'

4. Severance Payment Terms: Details of the severance amount, calculation method, and payment schedule

5. Tax Treatment: Information about tax implications and withholding requirements

6. Release and Waiver: Employee's release of claims against the employer upon acceptance of severance

7. Confidentiality: Obligations regarding confidential information and trade secrets

8. Return of Company Property: Requirements for returning company assets and documents

9. Non-disparagement: Mutual agreements regarding non-disparagement

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

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, if applicable to the employee's role

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

3. Medical Benefits Extension: Terms for continuation of medical benefits post-employment

4. Retirement Benefits: Special provisions if the severance is related to retirement

5. Performance Bonus Treatment: Handling of outstanding bonuses or performance-related pay

6. Share Options and Equity: Treatment of any outstanding share options or equity arrangements

7. References: Agreement on the provision of employment references

Suggested Schedules

1. Schedule 1 - Severance Calculation: Detailed breakdown of severance pay calculation including base salary, years of service, and any multipliers

2. Schedule 2 - Payment Schedule: Timeline and structure of severance payment installments if applicable

3. Schedule 3 - Benefits Summary: List of benefits and their treatment post-termination

4. Schedule 4 - Company Property Checklist: Itemized list of company property to be returned

5. Appendix A - Statutory Requirements: Reference to relevant sections of Malaysian employment law affecting severance

6. Appendix B - Tax Information: Detailed information about tax treatment and calculations

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

Financial Services

Technology

Retail

Healthcare

Professional Services

Education

Construction

Energy

Telecommunications

Hospitality

Mining and Resources

Transportation and Logistics

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Risk Management

Executive Leadership

Corporate Secretariat

Compensation and Benefits

Employee Relations

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Chief Human Resources Officer

Employment Lawyer

Compensation and Benefits Manager

HR Business Partner

Chief Financial Officer

Chief Executive Officer

Company Secretary

Risk Manager

Compliance Officer

Operations Director

Department Head

Line Manager

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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