A Resignation Agreement And General Release is a crucial document used in Malaysia when an employee voluntarily terminates their employment relationship with their employer. It serves as a comprehensive record of the termination terms while providing legal protection for both parties under Malaysian law. The agreement is typically used when either party wishes to have a clear, documented understanding of the separation terms, particularly in situations involving senior employees, sensitive positions, or where there's a need to address specific post-employment obligations. The document incorporates provisions compliant with Malaysian employment legislation, including the Employment Act 1955 and Industrial Relations Act 1967, covering aspects such as final payments, statutory benefits, confidentiality obligations, and release of claims. This agreement is especially valuable in preventing future disputes by clearly documenting the terms of separation and mutual understanding between the parties.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief context of the employment relationship, including start date and position
3. Definitions: Key terms used throughout the agreement
4. Resignation and Effective Date: Clear statement of voluntary resignation and the effective termination date
5. Final Payments: Details of salary, unused leave, and other statutory entitlements
6. Return of Company Property: Requirements for returning all company assets and documents
7. Confidentiality Obligations: Ongoing obligations regarding confidential information
8. General Release: Mutual release of claims between parties
9. Non-Disparagement: Agreement not to make negative statements about either party
10. Governing Law: Specification of Malaysian law as governing law
11. Entire Agreement: Confirmation that this document represents the complete agreement between parties
12. Execution: Signature blocks and execution details
1. Non-Compete Provisions: Restrictions on working for competitors, used for senior employees or those with access to sensitive information
2. Non-Solicitation: Restrictions on soliciting employees or customers, typically for sales or management roles
3. References: Agreement on how future employment references will be handled
4. Severance Payment: Additional payments beyond statutory requirements, if applicable
5. Benefits Continuation: Details of any continued benefits post-employment
6. Equity/Share Options: Treatment of any outstanding share options or equity arrangements
7. Transition Assistance: Requirements for handover of duties and transition support
8. Legal Fees: Provisions regarding payment of legal fees for agreement review
9. Tax Indemnity: Provisions regarding tax treatment of payments and indemnities
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, leave, and other entitlements
2. Schedule 2 - Company Property List: Comprehensive list of company property to be returned
3. Schedule 3 - Benefits Summary: Details of any benefits and their treatment post-termination
4. Appendix A - Confidential Information Definition: Detailed description of what constitutes confidential information
5. Appendix B - Release Terms: Detailed terms of the mutual release and waiver of claims
Relevant legal definitions
Agreement
Company
Confidential Information
Effective Date
Employee
Employment
Final Payment
Identity Card
Intellectual Property Rights
Malaysian Ringgit
Notice Period
Parties
Position
Release
Resignation Date
Salary
Severance Payment
Statutory Benefits
Trade Secrets
Company Property
Termination Benefits
Working Day
Restrictive Covenants
Consideration
Claims
Governing Law
Confidentiality Obligations
Non-Disparagement Obligations
Company Records
Personal Data
Company
Confidential Information
Effective Date
Employee
Employment
Final Payment
Identity Card
Intellectual Property Rights
Malaysian Ringgit
Notice Period
Parties
Position
Release
Resignation Date
Salary
Severance Payment
Statutory Benefits
Trade Secrets
Company Property
Termination Benefits
Working Day
Restrictive Covenants
Consideration
Claims
Governing Law
Confidentiality Obligations
Non-Disparagement Obligations
Company Records
Personal Data
Clauses
Interpretation
Resignation
Final Payment
Employee Benefits
Statutory Entitlements
Company Property
Confidentiality
Intellectual Property
Non-Disparagement
General Release
Waiver of Claims
Non-Competition
Non-Solicitation
References
Tax Indemnity
Legal Compliance
Data Protection
Transition of Duties
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notices
Assignment
Counterparts
Third Party Rights
Costs
Force Majeure
Survival
Resignation
Final Payment
Employee Benefits
Statutory Entitlements
Company Property
Confidentiality
Intellectual Property
Non-Disparagement
General Release
Waiver of Claims
Non-Competition
Non-Solicitation
References
Tax Indemnity
Legal Compliance
Data Protection
Transition of Duties
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notices
Assignment
Counterparts
Third Party Rights
Costs
Force Majeure
Survival
Relevant Industries
Banking and Financial Services
Technology
Manufacturing
Professional Services
Retail
Healthcare
Education
Telecommunications
Construction
Energy
Hospitality
Mining and Resources
Transportation and Logistics
Media and Entertainment
Real Estate
Relevant Teams
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research and Development
Administration
Customer Service
Product Development
Business Development
Compliance
Risk Management
Engineering
Relevant Roles
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Manager
Executive
Supervisor
Senior Engineer
Professional Staff
Administrative Staff
Sales Representative
Technical Specialist
Research Scientist
Financial Analyst
Project Manager
Department Director
Regional Manager
Account Manager
Human Resources Officer
Operations Manager
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