The Employee Termination Confidentiality Agreement is a crucial document used in Malaysian employment contexts when an employee's service with a company is being terminated, whether through resignation, mutual agreement, or dismissal. This agreement serves to protect the company's confidential information, trade secrets, and business interests after the employment relationship ends. It should be implemented in accordance with Malaysian employment law, particularly the Employment Act 1955, Industrial Relations Act 1967, and Personal Data Protection Act 2010. The agreement typically includes detailed provisions about what constitutes confidential information, specific non-disclosure obligations, requirements for returning company property, and remedies for breach. It's particularly important in industries dealing with sensitive information or when employees have had access to valuable proprietary information.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the employment relationship and its termination
3. Definitions: Detailed definitions including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other key terms
4. Acknowledgment of Termination: Formal acknowledgment of employment termination including effective date
5. Confidentiality Obligations: Core confidentiality provisions including scope of confidential information and duration of obligations
6. Return of Company Property: Requirements for returning all company property, documents, and data
7. Non-Disclosure Undertaking: Specific undertakings regarding non-disclosure of confidential information
8. Survival of Obligations: Clarification that confidentiality obligations survive termination
9. Breach and Remedies: Consequences of breach and available remedies
10. Governing Law: Specification of Malaysian law as governing law
11. Execution: Signature blocks and execution details
1. Non-Disparagement: Mutual or one-way obligations regarding non-disparagement, used when there's concern about potential reputational damage
2. Intellectual Property Rights: Additional provisions regarding IP rights, used when the employee had access to or created IP
3. Future Employment: Guidelines about disclosure in future employment contexts, used for sensitive industries
4. Consideration: Details of any additional payment or consideration, used when providing separation benefits
5. Mutual Obligations: Two-way confidentiality obligations, used when employee had access to personal information about other employees
6. Social Media: Specific provisions regarding social media usage and confidentiality, used for employees with significant social media presence
1. Schedule 1: Confidential Information: Detailed list of types of confidential information covered
2. Schedule 2: Company Property: Itemized list of company property to be returned
3. Schedule 3: Existing Obligations: Reference to existing confidentiality obligations from employment contract
4. Appendix A: Acknowledgment Form: Form confirming return of all company property and information
5. Appendix B: Exit Interview Checklist: Checklist of confidentiality-related items discussed during exit interview
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Biotechnology
Research and Development
Retail
Education
Energy
Construction
Media and Entertainment
Consulting
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Sales
Marketing
Finance
Operations
Executive Leadership
Product Development
Customer Service
Administration
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Senior Manager
Project Manager
Software Developer
Research Scientist
Sales Director
Marketing Manager
Product Manager
Business Analyst
HR Manager
Legal Counsel
Operations Manager
Technical Lead
Account Manager
Financial Analyst
Executive Assistant
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