Employee Liability Waiver - Malaysia

Employee Liability Waiver for Malaysia

Employee Liability Waiver Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes a contractual waiver of certain liability claims between an employer and employee. The document outlines specific activities, risks, and circumstances under which the employee agrees to waive their right to pursue certain claims against the employer, while carefully preserving statutory rights that cannot be waived under Malaysian employment law. It includes detailed provisions for workplace safety acknowledgments, risk awareness, and mandatory compliance with safety procedures, all within the framework of Malaysian employment regulations including the Employment Act 1955 and Occupational Safety and Health Act 1994.

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What is a Employee Liability Waiver?

The Employee Liability Waiver serves as a risk management tool for businesses operating in Malaysia, particularly those engaged in activities with inherent operational risks. This document is typically implemented when employees are required to perform duties that may carry certain risks, despite appropriate safety measures being in place. The waiver must carefully balance between protecting the employer's interests and maintaining compliance with Malaysian employment laws, including the Employment Act 1955 and related regulations. It's essential to note that while an Employee Liability Waiver can provide certain protections for employers, it cannot override mandatory statutory protections or waive rights related to gross negligence or willful misconduct. The document typically includes detailed descriptions of activities covered, acknowledgment of risks, and confirmation of safety training and procedures.

What sections should be included in a Employee Liability Waiver?

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

2. Background: Context of the employment relationship and purpose of the waiver

3. Definitions: Key terms used in the waiver agreement, including 'Liability', 'Claims', 'Workplace', etc.

4. Scope of Waiver: Detailed description of what liabilities and claims are being waived

5. Exceptions to Waiver: Statutory rights and obligations that cannot be waived under Malaysian law

6. Employee Acknowledgments: Employee's confirmation of understanding the waiver and its implications

7. Consideration: Statement of consideration provided for the waiver

8. Duration and Survival: Period for which the waiver remains effective

9. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee Liability Waiver?

1. Specific Activity Waivers: Used when the waiver relates to specific high-risk activities or special projects

2. Third Party Rights: Include when the waiver needs to extend to affiliated companies or contractors

3. Insurance Coverage: Added when specific insurance arrangements need to be acknowledged

4. Confidentiality: Include when the waiver involves confidential operations or information

5. Dispute Resolution: Optional detailed dispute resolution procedure, including mediation steps

6. Severability: Include when there's a need to ensure partial invalidity doesn't void entire agreement

7. Language Declaration: Required if the agreement is bilingual or if employee's primary language isn't English

What schedules should be included in a Employee Liability Waiver?

1. Schedule 1 - Specific Activities: Detailed list of specific activities or tasks covered by the waiver

2. Schedule 2 - Risk Acknowledgment: Comprehensive list of risks being acknowledged and waived

3. Schedule 3 - Safety Procedures: Required safety procedures and protocols that remain mandatory

4. Appendix A - Employee Rights: Summary of statutory rights that cannot be waived under Malaysian law

5. Appendix B - Incident Reporting: Procedures for reporting workplace incidents despite waiver

Authors

Alex Denne

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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Manufacturing

Construction

Oil and Gas

Mining

Transportation and Logistics

Agriculture

Industrial Processing

Warehousing

Sports and Recreation

Events Management

Security Services

Facilities Management

Healthcare

Research and Development

Relevant Teams

Human Resources

Legal

Operations

Health and Safety

Risk Management

Compliance

Training and Development

Facilities Management

Production

Quality Assurance

Security

Field Operations

Relevant Roles

Factory Worker

Construction Worker

Site Supervisor

Field Engineer

Maintenance Technician

Laboratory Technician

Warehouse Operator

Machine Operator

Safety Officer

Quality Control Inspector

Production Manager

Facilities Manager

Security Guard

Driver

Equipment Operator

Research Scientist

Athletic Trainer

Event Coordinator

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What is a Employee Liability Waiver?

What sections should be included in a Employee Liability Waiver?

What sections are optional to include in a Employee Liability Waiver?

What schedules should be included in a Employee Liability Waiver?

Authors

Alex Denne

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