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Separation Agreement And Release
"I need a Separation Agreement and Release for a senior software engineer who is leaving our Malaysian tech company amicably on March 15, 2025, with a negotiated settlement package including extended health benefits and pro-rated bonus payments."
1. Parties: Identifies the employer and employee entering into the agreement
2. Background: Sets out the context of employment and reason for separation
3. Definitions: Defines key terms used throughout the agreement
4. Separation Date and Final Working Day: Specifies the official termination date and last working day
5. Final Payment and Benefits: Details the final salary, notice pay, and statutory benefits
6. Settlement Sum: Specifies any additional payment being made as part of the separation
7. Tax Implications: Addresses the tax treatment of payments and benefits
8. Company Property: Requirements for returning company property and documents
9. Confidentiality Obligations: Ongoing duties regarding confidential information
10. Non-Disparagement: Mutual obligations not to make negative statements
11. Release of Claims: Mutual release of legal claims between parties
12. Reference and Communications: Arrangements for employment references and announcement
13. Governing Law: Specifies Malaysian law as governing law
14. Entire Agreement: Confirms this document represents the complete agreement
1. Garden Leave: Used when employee is put on garden leave during notice period
2. Post-Employment Restrictions: Include if there are non-compete or non-solicitation obligations
3. Share Options/Equity: Required if employee has company shares or stock options
4. International Transfer Provisions: For employees who worked across multiple jurisdictions
5. Ongoing Cooperation: When employee's assistance may be needed for transition or legal matters
6. Medical Benefits Extension: If continuing medical coverage is part of the package
7. Legal Fees: When employer agrees to contribute to employee's legal costs
8. Outplacement Support: If career transition services are being provided
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, benefits, and settlement sum
2. Schedule 2 - Company Property Checklist: List of all company property to be returned
3. Schedule 3 - Benefits Summary: Details of benefits and their treatment post-termination
4. Schedule 4 - Employee Claims Released: Comprehensive list of claims being waived
5. Appendix A - Exit Procedures: Step-by-step process for employment termination
6. Appendix B - Reference Template: Agreed format and content of employment reference
Authors
Financial Services
Technology
Manufacturing
Professional Services
Healthcare
Education
Retail
Telecommunications
Energy
Construction
Hospitality
Transportation
Mining
Agriculture
Real Estate
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Administration
Customer Service
Production
Quality Assurance
Procurement
Business Development
Executive Management
Chief Executive Officer
Managing Director
Senior Manager
Department Head
Project Manager
Senior Executive
Executive
Administrator
Specialist
Analyst
Engineer
Sales Representative
Operations Manager
Finance Manager
HR Manager
Technical Lead
Supervisor
Coordinator
Director
Vice President
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