Employer Liability Waiver

Employer Liability Waiver for Malaysia

Employer Liability Waiver Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes an agreement between an employer and employee where the employee voluntarily waives certain rights to make claims against the employer for specific activities or circumstances. The document carefully distinguishes between waivable rights and mandatory statutory protections under Malaysian employment law, including the Employment Act 1955 and Occupational Safety and Health Act 1994. It includes detailed sections on the scope of the waiver, excluded liabilities, acknowledgments, and consideration, while ensuring compliance with Malaysian contract law principles and maintaining essential employee protections.

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What is a Employer Liability Waiver?

This document serves as a critical risk management tool in Malaysian employment relationships where employees engage in activities that carry inherent risks or where employers seek to manage their liability exposure within legal bounds. The Employer Liability Waiver must be carefully drafted to comply with Malaysian legislation, including the Employment Act 1955, Occupational Safety and Health Act 1994, and relevant employment regulations. It's particularly important in high-risk industries or situations where employees voluntarily participate in non-mandatory activities. The document balances the employer's need to manage liability with the mandatory protections afforded to employees under Malaysian law, requiring careful consideration of what can and cannot be legally waived. The waiver typically includes detailed sections on scope, exclusions, and acknowledgments, and may be customized based on specific industry requirements and risk profiles.

What sections should be included in a Employer Liability Waiver?

1. Parties: Identification of the employer and employee, including full legal names, registration/identification numbers, and addresses

2. Background: Context of the employment relationship and purpose of the waiver

3. Definitions: Key terms used in the waiver, including 'Claims', 'Liability', 'Excluded Claims', and other relevant definitions

4. Scope of Waiver: Detailed description of what liabilities and claims are being waived, with clear boundaries

5. Excluded Liabilities: Express listing of liabilities that cannot be waived under Malaysian law, including statutory obligations

6. Employee Acknowledgments: Employee's confirmation of understanding the waiver and having the opportunity to seek independent legal advice

7. Consideration: Statement of consideration provided in exchange for the waiver

8. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

9. Severability: Provision for severance of invalid terms while maintaining remainder of waiver

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employer Liability Waiver?

1. Dispute Resolution: Optional section for specific dispute resolution procedures, recommended when parties want to specify mediation or arbitration processes

2. Duration and Survival: Optional section specifying how long the waiver remains in effect, particularly relevant for ongoing employment relationships

3. Specific Activity Waiver: Optional section for waivers related to specific workplace activities or events, used when the waiver is activity-specific rather than general

4. Insurance Coverage: Optional section detailing any insurance arrangements related to the waived liabilities, recommended when insurance is relevant to the waiver

5. Third Party Rights: Optional section addressing whether third parties can benefit from the waiver, useful when other entities are involved

What schedules should be included in a Employer Liability Waiver?

1. Schedule 1 - Specified Activities: List of specific activities or circumstances covered by the waiver

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

3. Schedule 3 - Safety Procedures: Reference to relevant workplace safety procedures and protocols

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

5. Appendix B - Insurance Details: Details of relevant insurance coverage and policies

Authors

Alex Denne

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

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Relevant legal definitions

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Manufacturing

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Oil and Gas

Mining

Agriculture

Sports and Recreation

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Transportation and Logistics

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Research and Development

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Food and Beverage

Events and Entertainment

Maritime

Aviation

Relevant Teams

Legal

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Risk Management

Compliance

Health and Safety

Operations

Industrial Relations

Employee Relations

Security

Training and Development

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Risk Manager

Human Resources Director

Legal Counsel

Compliance Officer

Health and Safety Manager

Operations Manager

Factory Supervisor

Site Manager

Project Manager

Training Coordinator

Employee Relations Manager

Industrial Relations Officer

Occupational Health Officer

Security Manager

Events Coordinator

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What is a Employer Liability Waiver?

What sections should be included in a Employer Liability Waiver?

What sections are optional to include in a Employer Liability Waiver?

What schedules should be included in a Employer Liability Waiver?

Authors

Alex Denne

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