Notice Of Termination Of Employment To Employer Template for Malaysia

When you decide to resign from your job in Malaysia, submitting a formal Notice of Termination of Employment to Employer is not just professional courtesy—it's a legal requirement under Malaysian employment law. This document serves as official notification to your employer that you intend to terminate your employment contract and ensures compliance with statutory notice periods mandated by the Employment Act 1955.

When do you need this document?

You need this notice whenever you voluntarily resign from your position, regardless of your role or industry. Whether you're leaving for a better opportunity, career change, personal reasons, or retirement, Malaysian law requires formal written notice to your employer. The document is essential for employees in both private and public sectors, though specific notice requirements may vary. You'll also need this notice if you're terminating your employment due to constructive dismissal or when your employer has breached fundamental terms of your contract. Additionally, if you're serving probationary period and wish to resign, this formal notice ensures proper documentation of your departure.

Key legal considerations

The most critical aspect of your resignation notice is adhering to the correct notice period as specified in your employment contract or the Employment Act 1955. Under Malaysian law, minimum notice periods are: four weeks for employees with less than two years of service, six weeks for those with two to five years, and eight weeks for employees with more than five years of service. Your employment contract may stipulate longer periods, which you must honor. The notice must clearly state your last working day and should express gratitude for opportunities provided. Failing to serve proper notice may result in payment in lieu of notice being deducted from your final salary. You should also consider timing your notice to align with project completions and ensure proper handover of responsibilities.

Legal requirements in Malaysia

Malaysian employment law under the Employment Act 1955 requires that resignation notices be submitted in writing and delivered to the appropriate authority within your organization, typically your direct supervisor and HR department. The notice must include specific information: your personal details, clear statement of resignation intent, notice period being served, and final working day. Under the Employment (Termination and Lay-Off Benefits) Regulations 1980, you're entitled to receive outstanding wages, unused annual leave payments, and any accrued benefits upon termination. The Industrial Relations Act 1967 protects your right to resign without unfair treatment or retaliation. Your employer must also process final EPF contributions under the Employees Provident Fund Act 1991 and ensure compliance with Employment Insurance System Act 2017 requirements for your final settlement.