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Severance And Release Agreement Template for Malaysia

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Key Requirements PROMPT example:

Severance And Release Agreement

"I need a Severance and Release Agreement for a senior software developer in our Malaysian tech company who will be leaving as part of our restructuring program, with the termination date set for March 15, 2025; the agreement should include standard non-compete clauses and provisions for unvested stock options."

Document background
The Severance and Release Agreement is a crucial legal document used in Malaysian employment relationships when an employment relationship is being terminated through mutual agreement or as part of a separation package. This document is typically employed during corporate restructuring, voluntary separation schemes, or individual employment terminations where both parties seek a clean break. The agreement must comply with Malaysian employment laws, including the Employment Act 1955 and Industrial Relations Act 1967, while providing clear terms for severance payments, benefits continuation, and release of claims. It serves to protect both employer and employee interests by clearly documenting the termination terms, preventing future disputes, and ensuring all statutory obligations are met. The document is particularly important in cases involving senior executives or when significant severance packages are involved.
Suggested Sections

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

2. Background: Context of the employment relationship and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment relationship ends

5. Severance Payment: Details of the severance package, payment schedule, and tax implications

6. Employee Benefits: Treatment of existing benefits, including medical coverage, EPF, and other entitlements

7. Release of Claims: Employee's release of legal claims against the employer

8. Company Property: Requirements for return of company property and documents

9. Confidentiality: Ongoing obligations regarding confidential information

10. Tax Matters: Tax treatment of payments and responsibilities

11. Governing Law: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Non-Competition: Restrictions on working for competitors, used for senior executives or key employees

2. Non-Solicitation: Restrictions on soliciting employees or customers, included for client-facing roles

3. Reference: Terms regarding future employment references

4. Outplacement Services: Provision of career transition services, typically for senior roles

5. Equity/Stock Options: Treatment of outstanding equity compensation, for employees with stock options

6. Medical Coverage Extension: Extended medical benefits beyond termination date

7. Legal Fees: Provision for payment of employee's legal fees in reviewing the agreement

8. Mutual Non-Disparagement: Mutual obligations not to make negative statements

Suggested Schedules

1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation

2. Schedule B - Benefits Summary: Summary of benefits and their treatment post-termination

3. Schedule C - Release Details: Specific claims being released and any exceptions

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

5. Appendix 1 - Exit Procedures: Checklist of termination procedures and requirements

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 and Software

Manufacturing

Professional Services

Healthcare

Education

Telecommunications

Oil and Gas

Retail and Consumer Goods

Construction and Real Estate

Mining and Natural Resources

Hospitality and Tourism

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Information Technology

Sales

Marketing

Research and Development

Administrative

Corporate Affairs

Compliance

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Project Manager

Software Engineer

Financial Analyst

HR Manager

Sales Director

Operations Manager

Executive

Senior Associate

Regional Manager

General Manager

Department Director

Technical Lead

Account Manager

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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