Employee Waiver And Release Form - Malaysia

Employee Waiver And Release Form for Malaysia

Employee Waiver And Release Form Template for Malaysia

A comprehensive legal document governed by Malaysian employment law that facilitates the formal release of claims and potential legal actions between an employee and their employer. This document serves as a binding agreement where, in exchange for valid consideration, the employee agrees to waive specific rights to bring future claims against the employer. The document must comply with Malaysian Employment Act 1955 and related employment legislation, ensuring proper protection for both parties while maintaining fairness and transparency in the separation process.

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What is a Employee Waiver And Release Form?

The Employee Waiver And Release Form is a crucial document used in Malaysian employment relationships during employee separations, whether through resignation, termination, or mutual agreement. This document is typically implemented when an employment relationship is ending and both parties wish to achieve a clean break with clearly defined terms. The form must comply with Malaysian employment law, including the Employment Act 1955 and Industrial Relations Act 1967, and typically includes provisions for consideration, comprehensive release of claims, and specific carve-outs for non-waivable statutory rights. It serves as a risk management tool for employers while ensuring employees receive fair compensation for waiving their rights to future claims. The document is particularly important in situations involving severance packages, voluntary separation schemes, or dispute settlements.

What sections should be included in a Employee Waiver And Release Form?

1. Parties: Identifies the employer and employee, including full legal names, identification numbers, and addresses

2. Background: Outlines the employment relationship, including start date, position, and context for the waiver and release

3. Definitions: Defines key terms used throughout the document, including 'Claims', 'Released Parties', and 'Consideration'

4. Consideration: Details the compensation or benefits being provided in exchange for the waiver and release

5. Scope of Release: Comprehensively describes all claims, rights, and causes of action being waived by the employee

6. Exceptions to Release: Specifies any rights or claims that cannot be legally waived under Malaysian law

7. Employee Acknowledgments: Statements confirming the employee understands their rights, has had time to review, and enters into the agreement voluntarily

8. Non-Admission of Liability: Clarifies that the agreement does not constitute an admission of wrongdoing by either party

9. Confidentiality: Obligations regarding the confidentiality of the agreement and its terms

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

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee Waiver And Release Form?

1. Return of Company Property: Used when the employee needs to return company assets, documents, or equipment

2. Non-Disparagement: Include when parties wish to prohibit negative statements about each other

3. Ongoing Obligations: Used when certain obligations from the employment contract continue post-termination

4. Future Cooperation: Include when the employee's assistance may be needed for transition or future matters

5. Tax Implications: Used when there are significant tax considerations related to the consideration provided

6. Reference Provision: Include when there's an agreement about how future employment references will be handled

7. Revocation Period: Used for employees over 40 or in special circumstances where a revocation period is offered

What schedules should be included in a Employee Waiver And Release Form?

1. Schedule A - Settlement Payment Details: Itemized breakdown of all payments and benefits being provided as consideration

2. Schedule B - Claims Being Released: Detailed list of specific claims and rights being waived

3. Schedule C - Company Property Checklist: List of company property to be returned, if applicable

4. Appendix 1 - Employee Benefits Summary: Summary of any continuing or terminated benefits

5. Appendix 2 - Confidential Information Definition: Detailed description of what constitutes confidential information

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 Employee Waiver And Release Form?

What sections should be included in a Employee Waiver And Release Form?

What sections are optional to include in a Employee Waiver And Release Form?

What schedules should be included in a Employee Waiver And Release Form?

Authors

Alex Denne

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