Voluntary Resignation In Lieu Of Termination for Malaysia

Voluntary Resignation In Lieu Of Termination Template for Malaysia

This document is a formal agreement used in Malaysia that facilitates an employee's voluntary resignation as an alternative to termination proceedings. It is structured in accordance with Malaysian employment law, particularly the Employment Act 1955 and Industrial Relations Act 1967, and provides a mutually beneficial resolution to end the employment relationship. The agreement includes comprehensive terms covering final settlements, benefits, confidentiality obligations, and releases, while ensuring compliance with Malaysian legal requirements regarding employment termination and employee rights.

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What is a Voluntary Resignation In Lieu Of Termination?

This document is designed for use in Malaysian employment contexts where both employer and employee have agreed to conclude the employment relationship through a Voluntary Resignation In Lieu Of Termination arrangement. It is particularly useful in situations where a traditional termination might be considered but both parties prefer a more amicable resolution. The agreement encompasses key elements required under Malaysian law, including notice periods, final payments, and benefit calculations in accordance with the Employment Act 1955. It provides protection for both parties by clearly documenting the voluntary nature of the resignation, settling all outstanding matters, and including necessary waivers and releases. The document is structured to ensure compliance with Malaysian employment legislation while maintaining the dignity and professional reputation of both parties.

What sections should be included in a Voluntary Resignation In Lieu Of Termination?

1. Parties: Identification of the employer and employee, including full legal names, addresses, and registration/identification numbers

2. Background: Context of the agreement, including employment history and mutual decision to enter into voluntary resignation arrangement

3. Definitions: Key terms used throughout the agreement

4. Voluntary Resignation: Clear statement of employee's voluntary resignation and the effective date

5. Final Payment and Benefits: Details of salary, outstanding leave, bonuses, and other entitlements up to the last day of employment

6. Release and Waiver: Mutual release of claims and waiver of rights related to the employment relationship

7. Confidentiality: Ongoing obligations regarding confidential information and company secrets

8. Return of Company Property: Requirements for returning all company assets, documents, and equipment

9. Non-Disparagement: Agreement by both parties not to make negative statements about each other

10. Governing Law: Specification that Malaysian law governs the agreement

11. Entire Agreement: Confirmation that this document represents the complete agreement between parties

What sections are optional to include in a Voluntary Resignation In Lieu Of Termination?

1. Garden Leave: Include when the employee will be placed on garden leave during notice period

2. Reference Letter: Include when agreed terms for providing employment references

3. Post-Employment Restrictions: Include when there are non-compete or non-solicitation obligations

4. Outplacement Support: Include when the company offers career transition assistance

5. Medical Benefits Extension: Include when continued medical coverage is part of the agreement

6. Share Options/Awards: Include when addressing outstanding employee share schemes or stock options

What schedules should be included in a Voluntary Resignation In Lieu Of Termination?

1. Schedule 1 - Payment Calculation: Detailed breakdown of final payment including salary, leave, and other entitlements

2. Schedule 2 - Company Property Checklist: List of company items to be returned

3. Schedule 3 - Confidential Information: Specific details of confidential information and trade secrets

4. Appendix A - Resignation Letter: Template or copy of the formal resignation letter

5. Appendix B - Benefits Summary: Summary of benefits and entitlements that continue or cease

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
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Banking and Financial Services

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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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