The Non Disclosure Agreement Employee Termination is essential when concluding employment relationships in Malaysia while ensuring the protection of sensitive company information. This document is typically used when an employee with access to confidential information, trade secrets, or valuable intellectual property is leaving the organization. It combines standard termination provisions compliant with Malaysian employment law with robust confidentiality clauses. The agreement should be implemented as part of the employee exit process, particularly for roles involving access to sensitive business information, customer data, or proprietary technology. It helps protect the company's interests while ensuring a clear understanding of ongoing obligations post-employment.
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1. Parties: Identification of the employer and the departing employee, including full legal names and addresses
2. Background: Context of the agreement, including reference to the employment relationship and its termination
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Termination Date'
4. Termination of Employment: Formal acknowledgment of employment termination, effective date, and general terms
5. Return of Company Property: Obligations regarding the return of all company property, documents, and materials
6. Confidentiality Obligations: Core confidentiality provisions, scope of confidential information, and duration of obligations
7. Non-Disclosure Commitments: Specific commitments regarding non-disclosure of confidential information
8. Surviving Obligations: Obligations that continue after employment termination
9. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP created during employment, used when the employee had access to or created IP
2. Non-Competition: Restrictions on working for competitors, included when allowed by Malaysian law and necessary for business protection
3. Non-Solicitation: Restrictions on soliciting employees or customers, used when employee had significant client contact
4. Severance Benefits: Details of any severance package, included when additional benefits are being offered
5. References: Terms regarding future employment references, included when specific reference arrangements are agreed
6. Mutual Non-Disparagement: Provisions preventing either party from making negative statements, used in sensitive terminations
1. Schedule 1 - Confidential Information: Detailed list of specific confidential information and trade secrets covered by the agreement
2. Schedule 2 - Company Property: Inventory of company property to be returned by the employee
3. Schedule 3 - Termination Benefits: Detailed breakdown of any termination payments or benefits
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge return of all company property and documents
5. Appendix B - Exit Interview Checklist: Checklist confirming completion of exit procedures and obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Manufacturing
Healthcare
Professional Services
Telecommunications
Biotechnology
Energy
Retail
Education
Research and Development
Defense
Pharmaceuticals
Relevant Teams
Human Resources
Legal
Executive Leadership
Research & Development
Information Technology
Finance
Sales
Operations
Product Development
Business Development
Customer Service
Marketing
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Manager
Research Scientist
Software Developer
Financial Controller
Product Manager
Business Development Executive
Human Resources Director
Operations Manager
Sales Director
Project Manager
Technical Lead
Research & Development Engineer
Account Manager
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