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Separation Agreement And Release Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
In the Malaysian employment context, a Separation Agreement and Release serves as a crucial document when terminating employment relationships by mutual agreement. This document is typically used during voluntary separations, redundancies, or negotiated exits to provide clear documentation of separation terms while ensuring compliance with Malaysian employment laws. It protects both employer and employee interests by clearly outlining final payments, benefits, continuing obligations, and mutual releases of claims. The agreement helps prevent future disputes by providing comprehensive coverage of all separation-related matters, from financial settlements to confidentiality requirements, while ensuring alignment with local statutory requirements and employment practices.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

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Relevant Industries

Financial Services

Technology

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Human Resources

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Quality Assurance

Procurement

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Executive Management

Relevant Roles

Chief Executive Officer

Managing Director

Senior Manager

Department Head

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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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