The Workplace Settlement Agreement is a crucial document used in Malaysian employment contexts when an employer and employee agree to resolve employment-related disputes or negotiate terms of employment termination. This document is particularly relevant when parties wish to achieve a clean break and mutual closure, typically involving scenarios such as voluntary separation, dispute resolution, or redundancy situations. The agreement must comply with Malaysian employment laws, including the Employment Act 1955 and Industrial Relations Act 1967, while addressing specific terms such as settlement payments, tax implications, confidentiality, and release of claims. It serves as a comprehensive record of the settlement terms and provides legal protection for both parties by preventing future claims related to the employment relationship.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Brief overview of employment history, circumstances leading to settlement, and current dispute or reason for settlement
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Settlement Terms: Core financial terms of the settlement including amount, payment method and timing
5. Tax Treatment: Clarification on tax implications and responsibilities for settlement payments
6. Release of Claims: Mutual release of all claims and rights of action between parties
7. Confidentiality: Terms regarding confidentiality of the settlement and its terms
8. Non-Disparagement: Mutual obligations not to make negative statements about each other
9. Return of Company Property: Requirements and timeline for returning company assets and documents
10. Governing Law: Specification that Malaysian law governs the agreement
11. Entire Agreement: Confirmation that this document represents the complete agreement between parties
12. Execution: Signing provisions and date of agreement
1. Reference Provision: Terms regarding future employment references, used when parties agree on specific reference content
2. Post-Employment Restrictions: Reaffirmation or modification of existing non-compete or non-solicitation obligations, included if relevant to settlement
3. Medical Benefits Continuation: Terms regarding ongoing medical coverage, if applicable
4. Legal Costs: Allocation of legal costs and expenses, included if legal representation was involved
5. Reinstatement Waiver: Specific waiver of right to seek reinstatement, used in termination cases
6. Union Acknowledgment: Required if employee is a union member and settlement affects union rights
7. EPF/SOCSO Contributions: Clarification on handling of statutory contributions, if settlement affects these
1. Schedule 1: Settlement Payment Breakdown: Detailed breakdown of settlement sum components
2. Schedule 2: Company Property List: Itemized list of company property to be returned
3. Schedule 3: Claims Released: Specific list of claims being released through the settlement
4. Appendix A: Resignation Letter: Template or copy of resignation letter if settlement includes resignation
5. Appendix B: Agreed Reference: Format and content of agreed employment reference if applicable
Relevant legal definitions
Agreement
Company
Confidential Information
Effective Date
Employee
Employment
Final Payment
Last Day of Employment
Notice Period
Parties
Release
Settlement Sum
Termination Date
Company Property
Claims
Professional Reference
Resignation Letter
Non-Disparagement Obligation
Governing Law
Statutory Benefits
Working Day
Company
Confidential Information
Effective Date
Employee
Employment
Final Payment
Last Day of Employment
Notice Period
Parties
Release
Settlement Sum
Termination Date
Company Property
Claims
Professional Reference
Resignation Letter
Non-Disparagement Obligation
Governing Law
Statutory Benefits
Working Day
Clauses
Interpretation
Settlement Payment
Payment Terms
Tax Treatment
Release of Claims
Confidentiality
Non-Disparagement
Return of Property
References
Post-Employment Restrictions
Legal Representation
Severability
Entire Agreement
Governing Law
Survival
Notices
Authority to Execute
Statutory Compliance
Mutual Cooperation
Binding Effect
Settlement Payment
Payment Terms
Tax Treatment
Release of Claims
Confidentiality
Non-Disparagement
Return of Property
References
Post-Employment Restrictions
Legal Representation
Severability
Entire Agreement
Governing Law
Survival
Notices
Authority to Execute
Statutory Compliance
Mutual Cooperation
Binding Effect
Relevant Industries
Manufacturing
Financial Services
Technology
Healthcare
Education
Retail
Construction
Professional Services
Hospitality
Telecommunications
Energy
Mining
Agriculture
Transportation
Real Estate
Relevant Teams
Human Resources
Legal
Compliance
Executive Leadership
Industrial Relations
Risk Management
Company Secretariat
Employee Relations
Finance
Relevant Roles
Human Resources Director
Legal Counsel
HR Manager
Company Secretary
Chief Executive Officer
Chief Financial Officer
Department Head
Line Manager
HR Business Partner
Compliance Officer
Industrial Relations Manager
Risk Manager
Operations Director
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