Full And Final Settlement Letter After Termination for Malaysia

Full And Final Settlement Letter After Termination Template for Malaysia

A formal legal document used in Malaysia to finalize the termination of employment and document the settlement terms between an employer and employee. This document, governed by Malaysian employment law including the Employment Act 1955 and Industrial Relations Act 1967, outlines the full settlement amount, payment terms, mutual releases, and any continuing obligations. It serves as a legally binding record of the complete resolution of all claims and obligations arising from the employment relationship, providing clarity and closure for both parties while ensuring compliance with local regulatory requirements.

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What is a Full And Final Settlement Letter After Termination?

The Full And Final Settlement Letter After Termination is a crucial document used in Malaysian employment contexts when concluding an employment relationship. It becomes necessary when an employee's service has been terminated, whether through resignation, mutual agreement, or unilateral termination by either party. The document serves multiple purposes: it confirms the final settlement amount including all statutory and contractual payments, provides mutual releases from future claims, ensures compliance with Malaysian employment laws, and creates a clear record of the termination settlement. This document is particularly important in Malaysia where employment relationships are heavily regulated, and proper documentation is essential for legal compliance and risk management. It typically includes calculations of final payments, treatment of benefits, tax considerations, and any post-employment obligations, all structured in accordance with Malaysian legal requirements.

What sections should be included in a Full And Final Settlement Letter After Termination?

1. Letter Header: Company letterhead, date, reference number, and addressee details

2. Subject Line: Clear indication that this is a Full and Final Settlement Letter

3. Acknowledgment of Termination: Reference to employment termination date and circumstances

4. Settlement Amount: Clear statement of the total settlement sum and its components

5. Payment Terms: Details of how and when the settlement amount will be paid

6. Tax Treatment: Statement regarding tax implications and responsibilities

7. Release and Waiver: Mutual release of claims and legal rights

8. Confidentiality: Requirements regarding confidentiality of settlement terms

9. Return of Company Property: Confirmation of return of all company assets and documents

10. Acceptance Section: Space for both parties to sign and date the letter

What sections are optional to include in a Full And Final Settlement Letter After Termination?

1. Non-Disparagement Clause: Include when there's a need to prevent parties from making negative statements about each other

2. Ongoing Obligations: Include when there are continuing obligations such as non-compete or intellectual property rights

3. Reference Provision: Include when agreed to provide employment references and their nature

4. Benefits Continuation: Include when certain benefits will continue post-termination

5. Legal Advice Acknowledgment: Include when employee has received independent legal advice

6. Revocation Period: Include when providing a period for the employee to revoke acceptance

What schedules should be included in a Full And Final Settlement Letter After Termination?

1. Schedule A - Payment Calculation: Detailed breakdown of settlement amount including salary, notice period, leave encashment, etc.

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

3. Schedule C - Company Property Checklist: Itemized list of company property to be returned

4. Schedule D - Outstanding Claims Resolution: Details of any pending claims or reimbursements being settled

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Education

Construction

Professional Services

Telecommunications

Hospitality

Energy

Transportation

Agriculture

Mining

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Payroll

Compliance

Employee Relations

Executive Leadership

Administration

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Company Secretary

Finance Manager

Payroll Manager

Compliance Officer

Employee Relations Manager

HR Business Partner

Chief Human Resources Officer

Head of Legal

Chief Financial Officer

Managing Director

Chief Executive Officer

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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