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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."
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
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
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
Banking and Financial Services
Manufacturing
Technology
Telecommunications
Professional Services
Retail
Healthcare
Education
Construction
Energy
Mining
Agriculture
Hospitality
Transportation
Real Estate
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Administration
Production
Quality Assurance
Customer Service
Project Management
Supply Chain
Business Development
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
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