Legal Templates
Reference Check Authorization Form

Reference Check Authorization Form for Malaysia

Reference Check Authorization Form Template for Malaysia

A comprehensive authorization form compliant with Malaysian law, particularly the Personal Data Protection Act 2010, that enables prospective employers to conduct reference checks on job applicants. The document provides legal authorization for previous employers and reference providers to disclose specified information about the applicant's employment history, performance, and qualifications. It includes necessary data protection notices, scope of authorized information, and clear consent statements that meet Malaysian regulatory requirements while protecting the interests of all parties involved.

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What is a Reference Check Authorization Form?

The Reference Check Authorization Form is a crucial document in the Malaysian employment landscape, designed to facilitate the verification of potential employees' work history and credentials while ensuring compliance with local laws, particularly the Personal Data Protection Act 2010. This document becomes necessary during the hiring process when an organization needs to verify a candidate's employment history, performance, and qualifications with previous employers or reference providers. It serves as a legal safeguard for all parties involved by clearly defining the scope of information that can be shared and ensuring proper consent for data collection and processing. The form is structured to meet Malaysian regulatory requirements while providing flexibility for use across various industries and organization types.

What sections should be included in a Reference Check Authorization Form?

1. Applicant Information: Full legal name, identification details, contact information, and current/previous employment details of the person authorizing the reference check

2. Authorization Statement: Clear statement of consent authorizing the potential employer to conduct reference checks and contact previous employers/references

3. Scope of Authorization: Specific details about what information may be requested and verified (e.g., employment dates, job titles, performance, salary)

4. Data Protection Notice: Statement regarding how personal information will be collected, used, and protected in compliance with PDPA 2010

5. Duration of Authorization: Validity period of the authorization and any expiration dates

6. Declaration and Signature: Confirmation of truth and accuracy of provided information, with space for signature and date

What sections are optional to include in a Reference Check Authorization Form?

1. Specific Exclusions: Section listing any specific information or previous employers that should be excluded from the reference check process

2. Additional Consents: Special authorizations for specific types of checks (e.g., educational verification, professional certifications)

3. Release of Liability: Clause releasing previous employers from liability for providing information in good faith

4. Language Declaration: For multi-language forms, a statement declaring which language version prevails in case of inconsistencies

What schedules should be included in a Reference Check Authorization Form?

1. List of Referenced Employers: Schedule listing all previous employers to be contacted, including contact details and employment periods

2. Authorized Information Checklist: Detailed checklist of specific information types that may be verified or requested from each reference

3. Data Protection Rights Notice: Detailed explanation of the applicant's rights under PDPA 2010 regarding their personal data

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

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Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Consent Form

Sector

Health & Safety

Cost

Free to use
Relevant Industries

Banking and Financial Services

Technology

Manufacturing

Healthcare

Education

Retail

Professional Services

Construction

Hospitality

Government and Public Sector

Telecommunications

Energy and Utilities

Transportation and Logistics

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Talent Acquisition

Recruitment

Employee Relations

HR Operations

Personnel Management

Relevant Roles

HR Manager

Recruitment Specialist

Talent Acquisition Manager

HR Director

Hiring Manager

HR Business Partner

Compliance Officer

Legal Counsel

HR Administrator

Recruitment Coordinator

Background Check Specialist

HR Operations Manager

Industries
Personal Data Protection Act 2010: Malaysia's main data protection legislation that regulates the collection, processing, and disclosure of personal data. It's crucial for reference checks as they involve handling personal information.
Employment Act 1955: Sets out fundamental employment rights and obligations in Malaysia, including provisions relevant to employment verification and records.
Contracts Act 1950: Governs the basic principles of contract formation and enforcement in Malaysia, ensuring the authorization form meets legal requirements for validity.
Industrial Relations Act 1967: Relevant for understanding the scope of permissible employment-related inquiries and protections against unfair labor practices.
Communications and Multimedia Act 1998: May be relevant if reference checks involve electronic communications or data transmission.
Equal Opportunity Act Guidelines: While Malaysia doesn't have a specific equal opportunity act, general principles against discrimination should be considered in reference check processes.
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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