Voluntary Severance Agreement Template for Malaysia

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Key Requirements PROMPT example:

Voluntary Severance Agreement

"I need a Voluntary Severance Agreement for our Chief Technology Officer's departure, including provisions for stock options, extended health benefits until March 2025, and strict non-compete clauses for the ASEAN region."

Document background
The Voluntary Severance Agreement serves as a crucial legal instrument in Malaysian employment law context, typically used when both employer and employee mutually agree to terminate their employment relationship under agreeable terms. This document is particularly relevant during corporate restructuring, workforce optimization, or when an employee seeks to voluntarily exit the organization. The agreement encompasses critical elements including severance payment calculations compliant with Malaysian labor laws, benefit continuations, confidentiality provisions, and mutual releases. It provides legal protection for both parties by clearly documenting the separation terms and ensuring compliance with relevant Malaysian legislation, including the Employment Act 1955 and Industrial Relations Act 1967. The Voluntary Severance Agreement is especially important in preventing future disputes by establishing clear terms for the separation and documenting both parties' obligations and rights.
Suggested Sections

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

2. Background: Brief context of the employment relationship and the voluntary nature of the severance arrangement

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation

4. Effective Date of Separation: Specific date when the employment relationship will terminate

5. Severance Payment: Details of the severance package, payment terms, and timing

6. Tax Implications: Statement regarding tax treatment of payments and responsibilities

7. Employee Benefits: Treatment of existing benefits, including insurance, EPF, and other entitlements

8. Company Property: Requirements for return of company property and documents

9. Confidentiality Obligations: Ongoing duties regarding confidential information

10. Full and Final Settlement: Confirmation that the agreement represents full settlement of all claims

11. Release and Waiver: Mutual release of claims and legal rights

12. Governing Law: Specification of Malaysian law as governing law

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Competition: Restrictions on working for competitors, used when employee had access to sensitive information or high-level position

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

3. Post-Employment Assistance: Terms for transition support or handover, used for key positions requiring knowledge transfer

4. Reference Letter: Terms regarding the provision of employment references, included when agreed as part of the package

5. Outplacement Services: Details of career transition support, if offered as part of the package

6. Medical Benefits Extension: Terms for continuing medical coverage, if applicable

7. Stock Options/Share Rights: Treatment of any equity-based compensation, for employees with share schemes

8. Publicity/Communications: Guidelines for announcing the departure, typically for senior positions

Suggested Schedules

1. Schedule 1 - Severance Payment Calculation: Detailed breakdown of severance payment components and calculations

2. Schedule 2 - Benefits Summary: Comprehensive list of benefits and their treatment post-termination

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

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

5. Appendix B - Confidential Information Definition: Detailed description of what constitutes confidential information

6. Appendix C - Handover Plan: Detailed plan for transitioning responsibilities, if applicable

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

Telecommunications

Construction

Energy

Hospitality

Mining

Agriculture

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Production

Quality Assurance

Customer Service

Administration

Supply Chain

Business Development

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Manager

Department Manager

Project Manager

Software Engineer

Sales Executive

Marketing Manager

HR Manager

Operations Manager

Account Manager

Research Scientist

Production Supervisor

Administrative Officer

Technical Specialist

Finance Manager

Business Analyst

Quality Control Manager

Customer Service Representative

Regional Director

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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