Reference Release Form - Malaysia

Reference Release Form for Malaysia

Reference Release Form Template for Malaysia

A Reference Release Form under Malaysian law is a legally binding document that authorizes current or former employers to provide employment references to specified parties. The document ensures compliance with the Personal Data Protection Act 2010 and other relevant Malaysian legislation while protecting both the provider and subject of the reference. It outlines the scope of information that can be shared, includes necessary data protection consents, and provides liability protection for reference providers acting in good faith. This document is essential for maintaining professional standards in employment verification while respecting privacy rights under Malaysian law.

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What is a Reference Release Form?

The Reference Release Form is a crucial document in the Malaysian employment landscape, designed to facilitate the reference-checking process while protecting all parties' interests. This document becomes necessary when an individual seeks new employment and needs to authorize their current or former employer to provide references to prospective employers. It addresses key requirements under Malaysian law, including compliance with the Personal Data Protection Act 2010, Employment Act 1955, and relevant defamation laws. The form typically includes specific consents for information sharing, defines the scope of permitted disclosures, and provides liability protection for reference providers. It's particularly important in the Malaysian context where employers are increasingly cautious about providing references without proper authorization.

What sections should be included in a Reference Release Form?

1. Parties: Identifies the person giving consent (Releasor), the former/current employer (Referee), and potential recipients of the reference (Authorized Recipients)

2. Background: Brief context about the employment relationship and purpose of the reference release

3. Definitions: Defines key terms used in the document including 'Reference Information', 'Authorized Recipients', and 'Confidential Information'

4. Authorization: Express permission for the Referee to provide reference information to Authorized Recipients

5. Scope of Reference: Specifies the type and extent of information that may be disclosed in the reference

6. Data Protection Consent: Specific consent for the processing and sharing of personal data in compliance with PDPA 2010

7. Release of Liability: Waiver of claims against the Referee for providing reference information in good faith

8. Duration: Period for which the authorization remains valid

9. Execution: Signature blocks and execution details

What sections are optional to include in a Reference Release Form?

1. Confidentiality: Additional provisions regarding the confidential treatment of reference information - include when dealing with sensitive positions or industries

2. Revocation Rights: Terms under which the authorization can be revoked - include when the reference authorization needs to be ongoing

3. Specific Exclusions: List of specific information that should not be disclosed - include when certain aspects of employment should remain confidential

4. International Transfer: Provisions for cross-border transfer of information - include when references may be provided to overseas entities

What schedules should be included in a Reference Release Form?

1. List of Authorized Recipients: Schedule listing specific companies or individuals authorized to receive the reference

2. Approved Reference Topics: Detailed list of topics and information that may be covered in the reference

3. Employment History Summary: Brief summary of employment dates and positions held for reference purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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