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Employee Liability Waiver And Indemnification Agreement Template for Malaysia

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Key Requirements PROMPT example:

Employee Liability Waiver And Indemnification Agreement

"I need an Employee Liability Waiver and Indemnification Agreement for our Malaysian construction company, specifically for high-rise project workers starting January 2025, that includes comprehensive safety protocols and specific indemnification for working at heights."

Document background
The Employee Liability Waiver And Indemnification Agreement is a crucial document for businesses operating in Malaysia where employees engage in activities that carry inherent risks or potential liabilities. This agreement is particularly relevant in industries such as construction, manufacturing, or professional services where specific job functions may expose the company to potential claims or losses. The document, governed by Malaysian law, establishes clear parameters for liability limitation while ensuring compliance with mandatory employee protections under the Employment Act 1955 and related legislation. It is typically implemented during the hiring process or when an employee transitions to a higher-risk role, providing protection for the employer while maintaining fair and legally compliant terms for the employee. The agreement must carefully balance the employer's need for protection against the non-waivable statutory rights of employees under Malaysian law.
Suggested Sections

1. Parties: Identifies the employer and employee with complete legal names and details

2. Background: Establishes the context of the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnification', etc.

4. Scope of Employment: Defines the employment activities covered by the waiver and indemnification

5. Waiver Provisions: Details the specific rights, claims, and liabilities being waived by the employee

6. Indemnification Obligations: Specifies the employee's obligations to indemnify the employer

7. Exceptions and Limitations: Lists rights and protections that cannot be waived under Malaysian law

8. Representations and Warranties: Employee's confirmation of understanding and voluntary acceptance

9. Duration and Survival: Specifies how long the waiver and indemnification obligations remain in effect

10. Governing Law: Confirms Malaysian law governs the agreement

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Dispute Resolution: Optional section for specifying mediation or arbitration procedures, recommended for higher-level employees

2. Insurance Requirements: Optional section specifying any insurance the employee must maintain, relevant for specific roles with higher risk

3. Confidentiality: Optional section linking the waiver to confidentiality obligations, recommended when dealing with sensitive information

4. Severability: Optional clause ensuring survival of remaining provisions if parts are found unenforceable

5. Third Party Rights: Optional section extending protection to related entities and individuals, useful for corporate groups

6. Amendment Process: Optional section detailing how the agreement can be modified, recommended for long-term arrangements

Suggested Schedules

1. Schedule 1 - Specific Waived Claims: Detailed list of specific situations, risks, or claims covered by the waiver

2. Schedule 2 - Excluded Claims: Comprehensive list of claims and rights that cannot be waived under Malaysian law

3. Schedule 3 - Related Entities: List of affiliated companies or individuals covered by the indemnification

4. Appendix A - Risk Acknowledgment Form: Form for employee to acknowledge understanding of specific risks

5. Appendix B - Insurance Requirements: Detailed insurance specifications if required for the role

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























Clauses






















Relevant Industries

Construction

Manufacturing

Oil and Gas

Mining

Healthcare

Sports and Recreation

Security Services

Transportation

Chemical Industry

Research and Development

Professional Services

Entertainment

Education

Aerospace

Maritime

Relevant Teams

Legal

Human Resources

Risk Management

Operations

Safety and Compliance

Training and Development

Facilities Management

Quality Assurance

Research and Development

Field Operations

Relevant Roles

Construction Site Manager

Factory Supervisor

Chemical Engineer

Security Officer

Professional Trainer

Research Scientist

Heavy Equipment Operator

Field Service Technician

Safety Inspector

Medical Professional

Sports Instructor

Maintenance Engineer

Quality Control Specialist

Industrial Designer

Professional Driver

Offshore Worker

Laboratory Technician

High-Rise Window Cleaner

Stunt Performer

Mining Engineer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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