A Company Director Employment Contract is a crucial document used when appointing directors to Indonesian companies, whether for new appointments or renewal of existing positions. This contract type must comply with Indonesian employment law, particularly Law No. 13 of 2003 on Manpower and Law No. 40 of 2007 on Limited Liability Companies. The document sets out comprehensive terms including appointment details, duties, responsibilities, remuneration, benefits, and termination provisions. It's essential for establishing clear governance structures and protecting both the company's and director's interests. The agreement should be customized based on whether the company is private or publicly listed, as additional regulations may apply for listed companies under OJK (Financial Services Authority) requirements.
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1. Parties: Identification of the Company and the Director, including complete legal names and addresses
2. Background: Context of the appointment, including any relevant shareholder resolutions and corporate approvals
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position title, capacity of appointment, and duration of the employment
5. Duties and Responsibilities: Core duties as director, compliance with company constitution and applicable laws
6. Authority and Limitations: Scope of director's authority and any restrictions on power
7. Working Hours and Location: Expected time commitment and primary work location
8. Remuneration and Benefits: Base salary, bonuses, and standard benefits package
9. Leave Entitlements: Annual leave, sick leave, and other leave provisions
10. Confidentiality: Protection of company confidential information
11. Intellectual Property: Ownership of work product and innovations
12. Non-Competition and Non-Solicitation: Restrictions during and after employment
13. Termination: Grounds for termination and procedures
14. Post-Termination Obligations: Continuing duties after employment ends
15. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures
1. Share Options: Include when the director is offered company shares or share options
2. Multiple Directorships: Include when the director holds positions in affiliated companies
3. International Travel: Include for roles requiring significant international travel
4. Performance Targets: Include when specific KPIs are tied to compensation
5. Representation on Other Boards: Include when allowing or restricting external board positions
6. Relocation Terms: Include when the role requires relocation
7. Family Benefits: Include when offering additional family-related benefits
8. Compliance with Foreign Laws: Include for companies with international operations
1. Schedule 1 - Remuneration Package: Detailed breakdown of salary, allowances, and benefits
2. Schedule 2 - Position Description: Detailed scope of duties and responsibilities
3. Schedule 3 - Performance Criteria: Specific KPIs and performance evaluation metrics
4. Schedule 4 - Company Policies: List of applicable company policies and procedures
5. Schedule 5 - Benefits Summary: Details of insurance, healthcare, and other benefits
6. Appendix A - Board Resolution: Copy of board resolution approving the appointment
7. Appendix B - Statutory Declaration: Director's declaration of compliance with Indonesian company law requirements
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