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Mutual Consent Termination Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Mutual Consent Termination agreement is utilized when both employer and employee in Malaysia mutually agree to end their employment relationship on agreed terms. This document is particularly relevant when parties wish to document a clean break from the employment relationship while ensuring all legal requirements under Malaysian law are met. It includes comprehensive details about final payments, benefits, confidentiality obligations, and mutual releases, providing protection for both parties. The agreement should comply with the Employment Act 1955, Contracts Act 1950, and other relevant Malaysian legislation. It's commonly used during corporate restructuring, amicable separations, or when both parties wish to terminate the employment relationship without the typical notice period requirements. The document helps prevent future disputes by clearly documenting all agreed terms and conditions of the separation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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Relevant Industries

Banking & Finance

Manufacturing

Technology

Retail

Healthcare

Professional Services

Education

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Telecommunications

Energy & Utilities

Hospitality

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Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research & Development

Administration

Customer Service

Corporate Communications

Compliance

Risk Management

Relevant Roles

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

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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