Termination Letter For Poor Performance for Malaysia

Termination Letter For Poor Performance Template for Malaysia

A formal employment termination document drafted under Malaysian employment law that serves to officially end an employment relationship due to documented poor performance. The letter complies with the Employment Act 1955 and related Malaysian labor regulations, incorporating specific details about performance deficiencies, prior warnings, improvement opportunities provided, and final employment terms. It includes necessary information about final settlements, company property return, and post-employment obligations while ensuring procedural fairness and legal compliance in the termination process.

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What is a Termination Letter For Poor Performance?

The Termination Letter For Poor Performance is a crucial document used in Malaysian employment contexts when an employer needs to formally end an employment relationship due to documented performance issues. It is issued after following due process, including performance improvement plans, formal warnings, and adequate opportunities for the employee to improve. The letter must comply with Malaysian employment law, particularly the Employment Act 1955 and Industrial Relations Act 1967, ensuring that the termination is carried out with just cause and proper documentation. This document serves multiple purposes: it officially communicates the termination decision, documents the performance-based reasons for termination, outlines the final settlement terms, and helps protect the employer against potential unfair dismissal claims.

What sections should be included in a Termination Letter For Poor Performance?

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

2. Subject Line: Clear indication that this is a termination of employment notice

3. Employment Details: Statement of current position, department, and employment duration

4. Performance Issues: Specific documentation of performance deficiencies and previous warnings

5. Prior Remedial Actions: Summary of performance improvement plans, coaching, and opportunities given to improve

6. Termination Decision: Clear statement of employment termination and effective date

7. Final Payment Details: Information about final salary, benefits, and any statutory payments

8. Company Property Return: List of company items to be returned and process for return

9. Signature Block: Authorized signatory details and company stamp

What sections are optional to include in a Termination Letter For Poor Performance?

1. Restrictive Covenants Reminder: Include when employee is bound by non-compete or confidentiality agreements

2. Handover Instructions: Include when employee handles critical responsibilities requiring formal handover

3. Reference Policy: Include when specifying company policy on providing future references

4. Exit Interview: Include when company policy requires an exit interview

5. Outstanding Loans/Advances: Include when employee has outstanding financial obligations to company

6. Medical Benefits Extension: Include when applicable per company policy or employment contract

What schedules should be included in a Termination Letter For Poor Performance?

1. Performance Review History: Chronological list of performance reviews and ratings

2. Warning Letters: Copies of all formal warnings issued

3. Performance Improvement Plan: Documentation of PIP and outcomes

4. Final Payment Calculation: Detailed breakdown of final payment including benefits and deductions

5. Company Property Checklist: Itemized list of company property to be returned

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

Termination Letter

Cost

Free to use
Relevant Industries

Technology

Manufacturing

Financial Services

Retail

Healthcare

Education

Construction

Professional Services

Hospitality

Telecommunications

Energy

Transportation

Real Estate

Media and Entertainment

Relevant Teams

Human Resources

Legal

Senior Management

Operations

Employee Relations

Compliance

Industrial Relations

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Department Manager

Division Head

Chief Human Resources Officer

Employee Relations Manager

HR Business Partner

Managing Director

Chief Executive Officer

Operations Manager

Line Manager

Supervisor

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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