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Retention Bonus And Severance Agreement Template for Malaysia

This document is a comprehensive agreement governed by Malaysian law that combines retention bonus provisions with severance terms. It establishes the conditions under which an employee will receive a retention bonus for continuing employment for a specified period, while also defining the terms of severance payment if employment is terminated under certain circumstances. The agreement complies with Malaysian employment legislation, including the Employment Act 1955 and relevant tax regulations, providing clear terms for bonus calculation, payment schedules, and conditions for both retention and severance payments.

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What is a Retention Bonus And Severance Agreement?

The Retention Bonus And Severance Agreement is primarily used in situations where companies need to ensure the continued service of key employees during critical periods such as mergers, acquisitions, restructuring, or other significant organizational changes. This document, governed by Malaysian law, combines two crucial elements: an incentive for employees to remain with the company for a specified period and defined severance terms if employment ends under certain conditions. It is particularly relevant in the Malaysian business context where companies must navigate specific employment law requirements while implementing retention strategies. The agreement typically includes detailed provisions for bonus calculations, payment schedules, performance requirements, and severance terms, all structured to comply with Malaysian employment legislation, including the Employment Act 1955 and relevant tax regulations.

What sections should be included in a Retention Bonus And Severance Agreement?

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Sets out the context and purpose of the agreement, including the employee's current position and reason for retention incentive

3. Definitions: Defines key terms used throughout the agreement

4. Retention Period: Specifies the duration during which the employee must remain employed to receive the retention bonus

5. Retention Bonus: Details the amount, calculation method, and payment terms of the retention bonus

6. Conditions for Bonus Payment: Outlines the conditions that must be met to receive the retention bonus

7. Severance Terms: Specifies the conditions under which severance will be paid and the calculation method

8. Confidentiality: Requires both parties to maintain confidentiality about the terms of the agreement

9. Continuing Obligations: Outlines the employee's ongoing duties during the retention period

10. Tax Treatment: Addresses the tax implications of both the retention bonus and severance payment

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

12. Entire Agreement: Confirms that this document represents the complete agreement between parties

What sections are optional to include in a Retention Bonus And Severance Agreement?

1. Non-Competition: Includes restrictions on working for competitors, used when the employee has access to sensitive information

2. Non-Solicitation: Prevents the employee from soliciting other employees or customers, included for senior positions

3. Intellectual Property: Addresses ownership of IP created during the retention period, needed for technical or creative roles

4. Change of Control: Specifies what happens if the company undergoes a merger or acquisition during the retention period

5. Performance Criteria: Additional performance requirements for bonus eligibility, used when retention alone is not sufficient

6. Clawback Provisions: Allows recovery of paid bonuses under specific circumstances, used for senior executives or high-value payments

7. Alternative Dispute Resolution: Specifies mediation or arbitration procedures, useful for high-value agreements

What schedules should be included in a Retention Bonus And Severance Agreement?

1. Schedule 1 - Bonus Calculation: Detailed formula and examples for calculating the retention bonus

2. Schedule 2 - Severance Calculation: Detailed formula and examples for calculating severance payment

3. Schedule 3 - Payment Timeline: Specific dates or milestones for bonus and severance payments

4. Schedule 4 - Performance Metrics: Detailed performance criteria if applicable to bonus eligibility

5. Appendix A - Employee's Current Benefits: List of current benefits and how they interact with the agreement

6. Appendix B - Confidential Information: 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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Severance Agreement

Cost

Free to use

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