Mutual Separation Agreement Malaysia Sample

All requested information on the terms of this seperation agreement and on employment issues should be addressed to [Employer.Name]. The labour tribunal referred to the case of Ahmad Fauzan Aziz and Others against Dynacraft Industries Sdn Bhd [2010] 3 MELR 381, which ended a voluntary separation system agreed by the workers because the employees only accepted the VSS for fear of reductions that came to their mind. The Tribunal found that workers were obliged to accept the VSS or else they would face the prospect of a reduction in benefits in the future. The Labour Tribunal has decided that the principles applicable to the termination of the employment relationship by mutual separation are of course permissible to offer VSS or mutual separation in order to avoid a greater reduction, since workers who leave voluntarily can reduce the number of employees to the desired level, so that restructuring is no longer necessary. However, communication of mutual separation offers must be carried out with care, using appropriate terminology to ensure a good understanding on the basis of supply. Both parties need to know what happens to the worker if “mutual separation” is not accepted. If the employee is informed that a termination is inevitable, whether the MSA is signed or not, a signed MSA may be considered. All provisions of this agreement that are declared illegal, unenforceable or invalidated by the Tribunal are excluded from this separation agreement. The purpose of this letter of the Mutual Separation Agreement (“Agreement”) is to define the reciprocal agreement between the parties regarding the termination of your employment with EVO Transportation – Energy Services, Inc. (“EVO”) and their subsidiaries (together the “company”) and your previous independent contractor, who must cooperate with the company. The parties agree that your last day of work with the company is today, October 9, 2017.

It defines the conditions under which Ellis Yan (“Yan”) will separate from its management positions and employment with TCP International Holdings Ltd. (“TCPI”) and its subsidiaries and related companies (the “company”). The company and Yan agree that an orderly transition is in the best interests of the company and its shareholders.