The End of Employment Contract is a crucial document used in Malaysia when formally concluding an employment relationship, whether through resignation, mutual agreement, or termination by the employer. This document serves as a comprehensive record of the termination terms, ensuring compliance with Malaysian employment laws, particularly the Employment Act 1955 and Industrial Relations Act 1967. It typically includes details about final payments, benefit settlements, company property return, ongoing obligations, and any post-employment restrictions. The agreement protects both employer and employee interests by clearly documenting the termination terms and helping prevent future disputes. It's particularly important in the Malaysian context where employment relationships are heavily regulated and proper documentation is essential for legal compliance.
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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 original start date and position
3. Definitions: Key terms used throughout the agreement
4. Effective Date of Termination: Clear statement of when the employment relationship officially ends
5. Final Payment Terms: Details of salary, prorated bonus, and other compensation due
6. Leave and Benefits Settlement: Settlement of unused annual leave, medical leave, and other benefits
7. Company Property: Requirements for returning company property and documents
8. Confidentiality Obligations: Ongoing obligations regarding confidential information
9. Full and Final Settlement: Confirmation that all obligations are settled between parties
10. Tax Provisions: Clarification of tax obligations and responsibilities
11. Governing Law: Confirmation that the agreement is governed by Malaysian law
1. Non-Compete Clause: Restrictions on future employment - typically used for senior positions or when handling sensitive information
2. Non-Solicitation: Restrictions on approaching company clients or employees - used for client-facing or management roles
3. Reference Provision: Terms regarding future employment references - included when specifically agreed
4. Continuation of Benefits: Details of any benefits extending beyond termination - used when applicable
5. Stock Options/Share Rights: Treatment of any share-based compensation - included for employees with equity compensation
6. Mutual Release: Mutual waiver of claims - used in cases of mutual termination or settlement
7. Exit Interview: Requirements for participation in exit interviews - used for organizational documentation purposes
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of all final payments including salary, prorated bonus, and leave encashment
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Benefits Summary: Summary of benefits and their treatment post-termination
4. Appendix A - Confidential Information Definition: Detailed description of what constitutes confidential information
5. Appendix B - Statutory Declarations: Required statutory declarations under Malaysian employment law
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Healthcare
Retail
Construction
Education
Professional Services
Hospitality
Telecommunications
Energy
Transportation
Agriculture
Mining
Real Estate
Relevant Teams
Human Resources
Legal
Finance
Operations
Administration
Compliance
Payroll
Relevant Roles
Chief Executive Officer
Managing Director
Department Manager
Senior Executive
Software Engineer
Sales Representative
Account Manager
Administrative Officer
Production Supervisor
Financial Analyst
HR Manager
Marketing Executive
Operations Manager
Research Scientist
Project Manager
Customer Service Representative
Technical Specialist
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