Termination Of Employment Form for Malaysia

Termination Of Employment Form Template for Malaysia

This is a formal document used in Malaysia to officially terminate an employment relationship between an employer and employee, ensuring compliance with Malaysian employment law, particularly the Employment Act 1955 and related regulations. The document outlines the terms and conditions of the termination, including notice periods, final settlements, benefit calculations, and post-employment obligations. It serves as a legal record of the termination process and helps protect both employer and employee interests by clearly documenting all aspects of the employment separation, including statutory entitlements and obligations under Malaysian law.

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What is a Termination Of Employment Form?

The Termination Of Employment Form is a critical document used in Malaysian employment relationships to formalize the end of employment between an employer and employee. It is essential for ensuring compliance with Malaysian employment legislation, including the Employment Act 1955, Industrial Relations Act 1967, and Employment (Termination and Lay-Off Benefits) Regulations 1980. This document should be used whenever an employment relationship is terminated, whether through resignation, dismissal, redundancy, or mutual agreement. The form includes crucial information such as termination date, notice period details, final payment calculations, benefit entitlements, and post-employment obligations. It serves as both a legal record and a practical guide for managing the separation process, protecting both parties' interests and ensuring all statutory requirements are met.

What sections should be included in a Termination Of Employment Form?

1. Employee and Employer Details: Full identification details of both the employee and employer, including employee ID, position, and department

2. Date and Type of Termination: Specific date of termination and the type/reason for termination (e.g., resignation, redundancy, performance-based, etc.)

3. Notice Period: Details of the notice period being served or payment in lieu of notice

4. Final Settlement: Breakdown of final payment including salary, unused leave, and statutory benefits

5. Company Property: List of company property to be returned and deadline for return

6. Confidentiality Obligations: Reminder of ongoing confidentiality obligations post-employment

7. Acknowledgment: Confirmation of understanding and acceptance by both parties

8. Execution: Signature blocks for both employer and employee with witness provisions

What sections are optional to include in a Termination Of Employment Form?

1. Garden Leave: Terms of garden leave if applicable during notice period

2. Post-Employment Restrictions: Non-compete, non-solicitation clauses if applicable to the employee's position

3. Reference Provision: Terms regarding the provision of employment references

4. Benefits Continuation: Details of any benefits that continue post-termination

5. Exit Interview: Requirements and arrangements for exit interview if company policy requires

6. Handover Requirements: Specific handover duties and documentation requirements

7. Special Arrangements: Any special terms agreed between parties (e.g., consultancy arrangements, phased retirement)

What schedules should be included in a Termination Of Employment Form?

1. Schedule A - Final Payment Calculation: Detailed breakdown of all final payment components including statutory benefits

2. Schedule B - Company Property Checklist: Itemized list of company property to be returned

3. Schedule C - Outstanding Tasks: List of tasks to be completed before departure

4. Appendix 1 - Statutory Declaration: Standard form for employee's declaration regarding company property and confidential information

5. Appendix 2 - Benefits Summary: Summary of benefit entitlements and termination dates

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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What is a Termination Of Employment Form?

What sections should be included in a Termination Of Employment Form?

What sections are optional to include in a Termination Of Employment Form?

What schedules should be included in a Termination Of Employment Form?

Authors

Alex Denne

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