The Employment Termination Settlement Agreement is a crucial document used in Indonesia when an employer and employee mutually agree to end their employment relationship. It serves as both a legal record of the termination and a comprehensive settlement of all rights and obligations between the parties. This document is particularly important in the Indonesian context due to strict labor law requirements regarding termination procedures and benefits. It should be used whenever employment is terminated by mutual consent to ensure compliance with Law No. 13 of 2003 and related regulations, protecting both parties from future disputes. The agreement typically includes detailed calculations of statutory entitlements, terms of payment, confidentiality provisions, and mutual releases, while addressing specific requirements of Indonesian employment law such as mandatory severance formulas and social security considerations.
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1. Parties: Identification of the employer and employee, including their complete legal names, addresses, and positions
2. Background: Brief history of the employment relationship, including start date, position, and mutual agreement to terminate
3. Definitions: Key terms used throughout the agreement, including specific Indonesian legal terminology
4. Termination Date: Clear statement of when the employment relationship will end
5. Settlement Payments: Detailed breakdown of all payments including statutory severance, service appreciation pay, and compensation rights as per Indonesian law
6. Payment Terms: Timeline and method of settlement payment delivery
7. Tax Treatment: Clarification of tax obligations and responsibilities for all payments
8. Return of Company Property: Requirements and timeline for returning company assets and documents
9. Confidentiality Obligations: Ongoing obligations regarding company confidential information
10. Final Release: Mutual release of claims and waiver of rights to future claims
11. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Non-Competition: Restrictions on future employment with competitors, only for senior positions and subject to Indonesian law limitations
2. Intellectual Property Rights: Specific provisions for employees who created IP during employment
3. Ongoing Projects Handover: Transition arrangements for unfinished projects or responsibilities
4. Reference and Announcement: Agreement on how the termination will be communicated and reference provisions
5. Social Security Benefits: Special arrangements regarding BPJS benefits continuation or transfer
6. Medical Benefits Extension: Any post-termination medical coverage arrangements
7. Training Costs Waiver: Waiver of training bond or costs if applicable
8. Legal Representation: Acknowledgment that parties had opportunity to seek legal advice
1. Schedule 1 - Settlement Payment Calculation: Detailed calculation of all termination payments including basic severance, service appreciation, and other entitlements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Outstanding Benefits Statement: Statement of any pro-rated bonus, unused leave, or other benefits
4. Schedule 4 - Release Form: Detailed release form in Indonesian and English if required
5. Schedule 5 - Handover Checklist: Checklist of all items and responsibilities to be handed over before departure
6. Appendix A - Employee Information: Details of employment history, position, and salary for reference
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Retail
Mining and Resources
Healthcare
Education
Professional Services
Telecommunications
Construction
Hospitality
Energy
Agriculture
Transportation and Logistics
Media and Entertainment
Relevant Teams
Human Resources
Legal
Finance
Operations
Administration
Corporate Secretariat
Compliance
Industrial Relations
Payroll
Risk Management
Relevant Roles
Chief Executive Officer
Managing Director
General Manager
Department Head
Senior Manager
Manager
Supervisor
Professional Staff
Technical Specialist
Administrative Officer
Sales Executive
Project Manager
Research and Development Engineer
Production Worker
Financial Analyst
Human Resources Officer
Marketing Executive
Operations Manager
IT Professional
Customer Service Representative
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