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Job Separation Agreement Template for Malaysia

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Key Requirements PROMPT example:

Job Separation Agreement

"I need a Job Separation Agreement for a senior software engineer in our tech company who is leaving by mutual agreement on March 15, 2025, with standard non-compete clauses and provisions for unvested stock options."

Document background
The Job Separation Agreement serves as a crucial document in Malaysian employment relations, used when an employment relationship is terminated by mutual agreement or as part of a negotiated exit. It provides legal protection for both employers and employees by clearly documenting the terms of separation, including financial settlements, continuing obligations, and releases of claims. The agreement must comply with Malaysian employment laws, including the Employment Act 1955 and Industrial Relations Act 1967, while addressing specific requirements for notice periods, statutory payments, and employee benefits. This document is particularly important in situations involving senior executives, sensitive positions, or complex compensation arrangements, as it helps prevent future disputes and ensures a clear understanding of separation terms.
Suggested Sections

1. Parties: Identifies the employer and employee, including their full legal names, addresses, and any relevant registration numbers

2. Background: Brief overview of the employment relationship, including start date, position, and context for the separation

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Effective Date of Separation: Specifies the last day of employment and when the separation takes effect

5. Final Payment and Benefits: Details the final salary, pro-rated benefits, and any statutory payments due

6. Severance Package: Outlines any additional compensation or benefits provided beyond statutory requirements

7. Company Property: Lists company assets to be returned and process for return

8. Confidentiality Obligations: Reaffirms ongoing confidentiality obligations post-employment

9. Release of Claims: Mutual release of claims between parties, subject to terms of the agreement

10. Tax Implications: Addresses responsibility for taxes on separation payments

11. Governing Law: Confirms Malaysian law governs the agreement

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Competition: Restrictions on working for competitors, if applicable and reasonable under Malaysian law

2. Non-Solicitation: Restrictions on soliciting employees or customers, if applicable

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

4. Reference Letter: Terms regarding future employment references

5. Medical Benefits Extension: Continuation of medical benefits, if offered

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

7. Resignation from Directorships: Required for employees who held director positions

8. Communications: Agreed approach for announcing the separation internally and externally

Suggested Schedules

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final payment including salary, leave encashment, and statutory payments

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Benefits Summary: Detailed summary of benefits and their treatment post-separation

4. Appendix A - Statutory Payment Calculations: Calculations showing compliance with Employment Act requirements

5. Appendix B - Release Form: Detailed release of claims form

6. Appendix C - Confidential Information Definition: Comprehensive list of what constitutes confidential information

Authors

Alex Denne

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

Relevant legal definitions



























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Relevant Industries

Banking and Financial Services

Manufacturing

Technology

Telecommunications

Professional Services

Retail

Healthcare

Education

Construction

Energy

Mining

Agriculture

Hospitality

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Administration

Production

Quality Assurance

Customer Service

Project Management

Supply Chain

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

General Manager

Department Head

Senior Manager

Manager

Executive

Senior Professional

Professional

Administrative Staff

Technical Specialist

Sales Representative

Operations Staff

Project 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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