Going Away Letter for Malaysia

Going Away Letter Template for Malaysia

A Going Away Letter under Malaysian law is a formal document issued by an employer to an employee during the termination or resignation process, specifically addressing the garden leave period and related arrangements. The document, governed by Malaysian employment law including the Employment Act 1955, outlines the terms of the employee's departure, including garden leave duration, continuing obligations, confidentiality requirements, and final payment arrangements. It serves as a crucial document for managing the transition period between an employee's resignation and their final departure from the organization.

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What is a Going Away Letter?

A Going Away Letter is a critical document used in Malaysian employment contexts when an employee is leaving an organization and will be placed on garden leave. The document is particularly important in situations where the departing employee has access to sensitive information, significant client relationships, or plays a key strategic role. It sets out the terms of the garden leave period, continuing obligations, and departure arrangements, all within the framework of Malaysian employment law, particularly the Employment Act 1955 and related legislation. The letter typically includes details about final payments, company property return, confidentiality obligations, and any post-employment restrictions. It serves as both a formal record and a protective measure for the employer while ensuring clarity for the departing employee regarding their obligations and entitlements during the transition period.

What sections should be included in a Going Away Letter?

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

2. Subject Line: Clear indication that this is a Going Away/Garden Leave letter

3. Acknowledgment of Resignation: Confirmation of the employee's resignation and its acceptance

4. Last Working Day: Specification of the final active working day and garden leave commencement

5. Garden Leave Terms: Duration and conditions of garden leave period

6. Continuing Obligations: Reminder of confidentiality and other ongoing obligations

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

8. Final Payment Details: Information about final salary, benefits, and leave payment

9. Contact Instructions: Guidelines for communication during garden leave period

10. Signature Block: Space for employer's signature and employee acknowledgment

What sections are optional to include in a Going Away Letter?

1. Non-Compete Reminder: Include when employee is bound by post-employment competition restrictions

2. Handover Requirements: Include for senior roles or when complex handover is needed

3. Client Communication: Include for client-facing roles, specifying approved communication about departure

4. Share Options/Benefits: Include when employee has share options or special benefits requiring explanation

5. Legal Rights Reservation: Include for senior employees or in high-risk situations

6. Exit Interview: Include when company policy requires exit interviews

What schedules should be included in a Going Away Letter?

1. Handover Checklist: Detailed list of tasks and responsibilities to be transferred

2. Company Property List: Itemized list of company assets to be returned

3. Ongoing Projects Status: Summary of current projects and their status

4. Contact Restrictions List: List of clients/contacts with whom communication is restricted

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

Resignation Letter

Cost

Free to use
Relevant Industries

Financial Services

Banking

Technology

Professional Services

Manufacturing

Healthcare

Telecommunications

Consulting

Legal Services

Insurance

Real Estate

Energy

Retail

Relevant Teams

Human Resources

Legal

Finance

Sales

Business Development

Information Technology

Operations

Research and Development

Client Services

Executive Management

Marketing

Product Development

Relevant Roles

Chief Executive Officer

Managing Director

Senior Manager

Department Head

Account Manager

Sales Director

Technical Lead

Senior Developer

Financial Controller

Investment Banker

Legal Counsel

Senior Consultant

Regional Manager

Product Manager

Business Development Manager

Client Relationship 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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