Notice Of Intention To Leave Template for Malaysia

When you decide to resign from your position in Malaysia, you must provide formal written notice to your employer through a Notice Of Intention To Leave. This document is not just a courtesy—it's a legal requirement under Malaysian employment law that protects both your rights and your employer's interests during the resignation process.

When do you need this document?

You need to submit a Notice Of Intention To Leave whenever you voluntarily decide to terminate your employment in Malaysia. This applies whether you're leaving for a new job opportunity, career change, personal reasons, or retirement. The document is required regardless of your position level, from entry-level employees to senior executives. You must provide this notice even if you've already discussed your resignation verbally with your supervisor or HR department. The written notice serves as the official record that starts your notice period and establishes your last working day. Additionally, if you're bound by a specific employment contract with notice requirements beyond statutory minimums, this document ensures you comply with those contractual obligations.

Key legal considerations

Several critical legal elements must be included in your resignation notice to ensure compliance with Malaysian law. Your notice period must align with the Employment Act 1955 requirements: employees with less than two years of service must give four weeks' notice, while those with two years or more must provide six to eight weeks depending on their contract terms. The document should clearly state your final working date and reference any outstanding obligations such as handover responsibilities or return of company property. You should maintain a professional tone throughout the document, avoiding negative comments about the company or colleagues that could potentially create legal complications. Consider including a brief, diplomatic reason for your departure, though detailed explanations aren't legally required. Ensure you keep copies of the submitted notice for your records, as this document may be important for future employment verification or dispute resolution.

Legal requirements in Malaysia

Under the Employment Act 1955, specifically Section 12, Malaysian employees must provide written notice before terminating their employment. The minimum notice periods are statutorily defined: four weeks for employees with less than two years of continuous service, and longer periods as specified in employment contracts for more senior positions. Your resignation notice must be submitted to the appropriate person—typically your immediate supervisor, department head, or HR manager as designated in your employment contract. The Industrial Relations Act 1967 also governs proper termination procedures, ensuring that resignations follow established protocols to prevent disputes. Malaysian law requires that the notice be clear, unambiguous, and specify your intended last working day. If your employment contract stipulates longer notice periods than the statutory minimum, you must comply with the contractual terms. The notice should be delivered in writing and you should retain proof of submission, such as an acknowledged receipt or email delivery confirmation, to demonstrate compliance with legal requirements.