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Recommendation For Termination Of Employee for Malaysia

Recommendation For Termination Of Employee Template for Malaysia

This document serves as a formal recommendation for the termination of employment under Malaysian law, providing a comprehensive analysis and justification for the proposed termination action. It includes detailed documentation of the grounds for termination, supporting evidence, and confirmation of compliance with the Employment Act 1955 and other relevant Malaysian employment legislation. The document ensures proper documentation of the termination process, protecting both employer and employee interests while maintaining compliance with local labor laws and regulations. It typically includes performance history, disciplinary records, and remediation attempts where applicable.

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What is a Recommendation For Termination Of Employee?

The Recommendation For Termination Of Employee document is a crucial internal document used in Malaysian employment contexts when proposing the termination of an employee's contract. It is typically prepared when performance issues, misconduct, or other valid grounds for termination have been identified and documented. The document must align with the Malaysian Employment Act 1955, Industrial Relations Act 1967, and other relevant employment legislation. It serves multiple purposes: documenting the rationale for termination, ensuring legal compliance, providing a basis for senior management decision-making, and maintaining records for potential future legal proceedings. The recommendation includes comprehensive details about the employee's history, performance issues or incidents, previous interventions, and the specific grounds for termination, ensuring all necessary steps have been taken before proceeding with the termination process.

What sections should be included in a Recommendation For Termination Of Employee?

1. Employee Information: Details of the employee including name, employee ID, position, department, and length of service

2. Current Performance Status: Overview of the employee's current performance level and any recent evaluations

3. Grounds for Termination: Clear statement of the specific reasons recommending termination, aligned with Malaysian employment law

4. Evidence and Documentation: Summary of supporting evidence for the termination recommendation

5. Previous Interventions: Documentation of prior warnings, coaching sessions, or performance improvement plans

6. Legal Compliance Review: Confirmation that the recommendation complies with Malaysian employment laws and company policies

7. Recommendation: Formal recommendation for termination with proposed timeline and process

What sections are optional to include in a Recommendation For Termination Of Employee?

1. Union Considerations: Include if employee is unionized, addressing relevant collective agreement provisions

2. Financial Impact: Include when termination involves significant compensation, benefits or severance calculations

3. Security Considerations: Include if there are specific security protocols needed during the termination process

4. Transition Plan: Include if position requires handover or knowledge transfer

5. Alternative Positions: Include if company policy requires consideration of alternative positions before termination

6. Rehabilitation Efforts: Include if attempts were made to rehabilitate or reassign the employee

What schedules should be included in a Recommendation For Termination Of Employee?

1. Performance Review History: Copies of relevant performance reviews and evaluations

2. Disciplinary Record: Documentation of warnings, disciplinary actions, and outcomes

3. Investigation Reports: Reports from any formal investigations related to the termination cause

4. Meeting Minutes: Records of relevant meetings, including performance discussions and warnings

5. Supporting Evidence: Specific evidence supporting the grounds for termination (e.g., attendance records, customer complaints)

6. Compliance Checklist: Checklist confirming all legal and policy requirements have been met

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

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Banking and Financial Services

Manufacturing

Technology

Retail

Healthcare

Education

Construction

Professional Services

Hospitality

Telecommunications

Energy

Transportation and Logistics

Public Sector

Agriculture

Mining and Resources

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Employee Relations

Industrial Relations

Corporate Governance

Risk Management

Administration

Relevant Roles

HR Manager

HR Director

Department Head

Line Manager

Operations Manager

Legal Counsel

Compliance Officer

Employee Relations Manager

HR Business Partner

Chief Human Resources Officer

Managing Director

CEO

Regional Manager

Branch Manager

Division Head

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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