The Written Termination Notice is a critical document in Malaysian employment law, used to formally communicate the end of an employment relationship. It must comply with the Employment Act 1955 and other relevant Malaysian legislation, including the Industrial Relations Act 1967. This document is essential when an employer wishes to terminate an employment contract or when termination is mutually agreed upon. The notice should include specific details such as the effective date of termination, notice period, final payment calculations, and any post-employment obligations. It serves as a legal record of the termination and helps ensure compliance with statutory requirements while protecting both parties' interests. The Written Termination Notice should be drafted with careful attention to detail, as it may be scrutinized in potential employment disputes or legal proceedings.
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1. Letter Header: Company letterhead, date, reference number and recipient's details
2. Subject Line: Clear indication that this is a Notice of Termination of Employment
3. Opening Statement: Formal notification of employment termination with reference to relevant employment contract clause
4. Notice Period Details: Specific details about the notice period, including start date and last day of employment
5. Reason for Termination: Brief statement of termination reason if applicable and appropriate
6. Handover Requirements: Instructions regarding the handover of work responsibilities, company property and documents
7. Final Payments: Information about final salary, unused leave, and other statutory payments
8. Closing Statement: Professional closing with acknowledgment details and company representative's signature block
1. Garden Leave Provisions: Include when the employee is being placed on garden leave during the notice period
2. Post-Employment Restrictions: Reference to continuing obligations such as confidentiality and non-compete clauses
3. Benefits Continuation: Details of any benefits that continue post-employment or during notice period
4. Exit Interview: Information about exit interview arrangements if company policy requires one
5. Retirement Benefits: Include for retiring employees eligible for retirement benefits
6. Performance Issues: Include if termination is due to documented performance issues, with reference to previous warnings
7. Mutual Release: Optional mutual release clause for negotiated terminations
1. Calculation of Final Payments: Detailed breakdown of final salary, pro-rated bonus, leave encashment and other payments
2. Handover Checklist: List of company property to be returned and tasks to be completed before last day
3. Reference to Previous Warnings: If termination is performance-based, copies of previous warning letters or performance improvement plans
4. Benefits Summary: Summary of benefits status and post-employment benefit details if applicable
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