28 Day Notice Template for Malaysia

A 28 Day Notice is a formal resignation letter that provides your employer with the legally required notice period before terminating your employment in Malaysia. This document ensures you comply with both your employment contract terms and Malaysian employment legislation, particularly the Employment Act 1955, which governs notice periods for employment termination.

When do you need this document?

You need a 28 Day Notice when your employment contract stipulates a 28-day notice period, or when Malaysian employment law requires this specific timeframe for your position. This is common for managerial roles, professional positions, or when your contract explicitly states a 28-day requirement. The notice becomes essential when you want to resign while maintaining professional relationships and ensuring legal compliance. You'll also need this document if you're transitioning to a new role and want to provide adequate time for handover responsibilities, or if your employer's HR policies mandate a formal written notice with this specific duration.

Key legal considerations

Your 28 Day Notice must clearly state the commencement date of the notice period and calculate the exact last working day to avoid disputes. Under Malaysian employment law, the notice period typically excludes public holidays and rest days unless specified otherwise in your contract. You must ensure the notice complies with any specific termination clauses in your employment agreement, as these may override standard statutory requirements. The document should acknowledge your obligation to complete ongoing projects and facilitate handover procedures. You should also consider any restraint of trade clauses, confidentiality agreements, or garden leave provisions that may affect your notice period. Failure to provide proper notice may result in payment in lieu of notice or potential legal action for breach of contract.

Legal requirements in Malaysia

The Employment Act 1955 governs notice periods for employment termination in Malaysia, with Section 12 specifically addressing contract termination requirements. For employees earning RM2,000 or less monthly, the Act provides statutory minimum notice periods, but higher-earning employees are typically governed by their contract terms. Your notice must be in writing and delivered to the appropriate authority within your organization, usually your direct supervisor or HR department. The Contracts Act 1950 ensures your notice adheres to general contract law principles, requiring clear communication and mutual understanding. Under the Industrial Relations Act 1967, you have protection against unfair treatment during your notice period. Additionally, the Personal Data Protection Act 2010 may apply if your resignation involves handling of personal data, requiring appropriate data protection measures during handover procedures.