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Resignation And Release Agreement Template for Malaysia

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Key Requirements PROMPT example:

Resignation And Release Agreement

"I need a Resignation and Release Agreement for my software developer who has given notice to leave immediately; the agreement should include standard confidentiality provisions and handle the return of company laptop and project materials."

Document background
The Resignation And Release Agreement is a critical document used in Malaysian employment contexts when an employee voluntarily terminates their employment relationship. It becomes particularly relevant in situations involving senior executives, sensitive positions, or when a clean break between parties is desired. The agreement, governed by Malaysian employment law including the Employment Act 1955 and Contract Act 1950, serves multiple purposes: it formally documents the resignation terms, outlines final compensation and benefits, addresses the return of company property, maintains confidentiality, and provides mutual releases to prevent future claims. This comprehensive document is especially important in scenarios where there might be sensitive information involved, significant final settlements, or potential future business impacts to consider.
Suggested Sections

1. Parties: Identification of the employer and employee entering into the agreement

2. Background: Context of the employment relationship and reason for entering into this agreement

3. Definitions: Definition of key terms used throughout the agreement

4. Resignation: Details of the resignation including effective date and notice period

5. Final Payment and Benefits: Breakdown of final salary, unused leave, and other entitlements

6. Release and Waiver: Mutual release of claims between parties

7. Return of Company Property: Requirements for returning company assets and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. Non-Disparagement: Agreement not to make negative statements about each other

10. Governing Law: Specification of Malaysian law as governing law

11. Entire Agreement: Confirmation that this document represents the complete agreement between parties

Optional Sections

1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, used when protecting business interests is crucial

2. Reference Letter: Terms regarding the provision of employment references, included when agreed upon

3. Continuing Obligations: Any ongoing duties or obligations post-employment, used when relevant

4. Medical Benefits Extension: Details of extended medical coverage if offered

5. Transition Assistance: Terms for knowledge transfer and handover, used for senior positions

6. Tax Indemnity: Tax-related provisions, included when significant payments are involved

7. Rehire Eligibility: Statement about future employment eligibility, used when specifically agreed

8. Surviving Family Benefits: Provisions for family benefits if applicable, used for long-serving employees

Suggested Schedules

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

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

3. Schedule 3 - Continuing Benefits: Details of any benefits that continue post-employment

4. Appendix A - Release Claims: Specific list of claims being released by both parties

5. Appendix B - Confidential Information: Detailed description of what constitutes confidential information

6. Appendix C - Handover Checklist: List of tasks and documents to be handed over before departure

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

Relevant legal definitions























Clauses

























Relevant Industries

Banking and Financial Services

Technology

Manufacturing

Professional Services

Healthcare

Education

Retail

Construction

Telecommunications

Energy and Utilities

Transportation and Logistics

Media and Entertainment

Hospitality and Tourism

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Administration

Executive Leadership

Product Development

Customer Service

Corporate Communications

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Engineer

Financial Analyst

HR Manager

Sales Director

Operations Manager

Technical Lead

Account Manager

Research Scientist

Legal Counsel

Marketing Manager

Product Manager

Business Development Executive

Department Supervisor

Administrative Officer

Senior Consultant

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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