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Resignation Agreement for Malaysia

Resignation Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian employment law that formalizes the voluntary termination of employment between an employer and employee. This agreement outlines the terms and conditions of the resignation, including notice period, final settlements, confidentiality obligations, and post-employment responsibilities. It ensures compliance with the Malaysian Employment Act 1955 and other relevant legislation while protecting both parties' interests and providing clarity on the separation process.

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What is a Resignation Agreement?

The Resignation Agreement serves as a formal document under Malaysian employment law to properly document and manage the voluntary termination of employment relationships. This document is essential when an employee decides to leave their position and both parties wish to clearly define the terms of separation. The agreement typically includes critical information such as the effective date of resignation, notice period requirements as per the Employment Act 1955, final payment calculations, handling of company property, and ongoing obligations. The Resignation Agreement is particularly important for protecting both parties' interests, ensuring compliance with Malaysian labor laws, and maintaining clear records of the separation terms. It's commonly used across various industries and can be customized to address specific circumstances while maintaining alignment with local legal requirements.

What sections should be included in a Resignation Agreement?

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

2. Background: Brief context of the employment relationship and the decision to resign

3. Definitions: Key terms used throughout the agreement

4. Effective Date of Resignation: Clear statement of when the employment relationship will terminate

5. Notice Period: Details of the notice period being served or payment in lieu of notice

6. Final Settlement: Breakdown of final payment including salary, unused leave, and other entitlements

7. Company Property: Requirements for returning company property and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. General Provisions: Standard contractual clauses including governing law and entire agreement

What sections are optional to include in a Resignation Agreement?

1. Non-Compete Clause: Restrictions on future employment, if applicable and previously agreed in employment contract

2. Handover Process: Detailed procedures for transitioning work responsibilities, used when employee holds key position

3. Reference Letter: Terms regarding the provision of employment references

4. Outstanding Benefits: Treatment of unvested benefits, bonuses, or stock options

5. Medical Benefits Extension: Continuation of medical benefits post-employment, if applicable

6. Release and Waiver: Mutual release of claims, typically used in negotiated exits

7. Post-Employment Cooperation: Terms for assistance in pending matters after departure

What schedules should be included in a Resignation Agreement?

1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, leave, and other entitlements

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

3. Schedule 3 - Handover Checklist: Detailed list of tasks and documents to be handed over

4. Appendix A - Confidential Information: Definition and scope of confidential information

5. Appendix B - Benefits Summary: Summary of benefits and their treatment post-resignation

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

Resignation Letter

Cost

Free to use
Relevant legal definitions
















Clauses
























Relevant Industries

Banking and Financial Services

Technology

Manufacturing

Professional Services

Retail

Healthcare

Education

Construction

Telecommunications

Energy and Utilities

Hospitality

Logistics and Transportation

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Administration

Corporate Secretarial

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Manager

Executive

Supervisor

Administrator

Professional Staff

Technical Specialist

Sales Representative

Customer Service Representative

Operations Officer

Project Manager

Research Analyst

Software Developer

Account Manager

Human Resources Officer

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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