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Mutual Consent Termination
"I need a Mutual Consent Termination agreement under Malaysian law for a senior software engineer who has agreed to leave amicably on March 15, 2025, with a three-month severance package and continued health benefits for 6 months."
1. Parties: Identification of the employer and employee, including full legal names and relevant details
2. Background: Brief history of employment relationship, including start date and current position
3. Definitions: Key terms used in the agreement defined for clarity
4. Mutual Agreement to Terminate: Clear statement that both parties agree to terminate the employment relationship
5. Effective Date of Termination: Specific date when employment relationship will end
6. Final Payment Details: Breakdown of final salary, notice period payment, and other statutory payments
7. Return of Company Property: Requirements and timeline for returning company assets and documents
8. Confidentiality Obligations: Ongoing obligations regarding confidential information
9. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims
10. Tax Implications: Statement on tax treatment of payments and responsibilities
11. Governing Law: Confirmation that Malaysian law governs the agreement
12. Execution: Signature blocks and execution requirements
1. Garden Leave: Used when employee will remain on payroll but not attend work during notice period
2. Non-Compete Obligations: Include when enforcing post-employment competition restrictions
3. Reference Provision: Terms regarding future employment references
4. Outplacement Support: Details of any career transition assistance offered
5. Medical Benefits Extension: Include if extending medical coverage beyond termination
6. Share Options/Awards: Treatment of outstanding share options or awards
7. Legal Fees: Include if employer is contributing to employee's legal costs
8. Announcement: Agreement on how termination will be communicated internally/externally
1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including salary, benefits, and statutory entitlements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Employee Benefits Summary: Summary of benefits and their treatment post-termination
4. Appendix A - Confidential Information: Detailed description of what constitutes confidential information
5. Appendix B - Release of Claims: Comprehensive list of claims being released by both parties
Authors
Banking & Finance
Manufacturing
Technology
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Energy & Utilities
Hospitality
Real Estate
Transportation & Logistics
Human Resources
Legal
Finance
Operations
Sales
Marketing
Information Technology
Research & Development
Administration
Customer Service
Corporate Communications
Compliance
Risk Management
Chief Executive Officer
Managing Director
Department Head
Senior Manager
Manager
Executive
Professional Staff
Administrative Staff
Technical Specialist
Sales Representative
Operations Manager
Project Manager
Research Scientist
Software Engineer
Account Manager
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