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Sole Proprietor Workers Comp Waiver for Indonesia

Sole Proprietor Workers Comp Waiver Template for Indonesia

A legal document used in Indonesia that allows sole proprietors to formally waive their workers' compensation coverage under the BPJS Ketenagakerjaan system. This document complies with Indonesian labor laws and social security regulations, particularly Law No. 24 of 2011 on Social Security Administrative Bodies. It includes declarations of business status, explicit waiver statements, acknowledgment of risks, and compliance with local regulations. The document serves as proof of the sole proprietor's informed decision to opt out of mandatory workers' compensation coverage while maintaining legal compliance with Indonesian business regulations.

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What is a Sole Proprietor Workers Comp Waiver?

The Sole Proprietor Workers Comp Waiver is a crucial document in the Indonesian business landscape, particularly relevant under the BPJS Ketenagakerjaan framework. This document becomes necessary when sole proprietors wish to opt out of mandatory workers' compensation coverage, often due to having alternative insurance arrangements or operating in low-risk business environments. The waiver must comply with Law No. 24 of 2011 and related regulations governing social security in Indonesia. It contains detailed information about the sole proprietor's business, explicit acknowledgment of risks, and confirmation of understanding the implications of waiving coverage. This document is particularly important for sole proprietors who contract with larger organizations or participate in government projects where clear documentation of insurance status is required.

What sections should be included in a Sole Proprietor Workers Comp Waiver?

1. Parties: Identification of the sole proprietor and their business details, including business registration number and BPJS registration number

2. Background: Context explaining the purpose of the waiver and the sole proprietor's right to elect exemption from workers' compensation coverage

3. Definitions: Key terms used in the document, including relevant Indonesian legal terminology and BPJS-related terms

4. Declaration of Business Status: Formal declaration confirming sole proprietorship status and absence of employees

5. Waiver Statement: Explicit statement waiving workers' compensation coverage and accepting associated risks

6. Acknowledgment of Rights: Confirmation that the sole proprietor understands their rights and the implications of waiving coverage

7. Duration and Validity: Period for which the waiver is valid and conditions for renewal or termination

8. Legal Compliance: Statement of compliance with Indonesian laws and BPJS regulations

9. Execution: Signature block and notarization requirements

What sections are optional to include in a Sole Proprietor Workers Comp Waiver?

1. Alternative Insurance Arrangements: Details of any private insurance coverage being maintained in lieu of BPJS coverage - include when the sole proprietor has alternative insurance

2. Project-Specific Details: Specific project or contract information - include when the waiver is required for a particular project or contract

3. Revocation Process: Process for revoking the waiver - include when specifically requested by either party

4. Risk Assessment: Detailed assessment of risks associated with waiving coverage - include for high-risk industries

What schedules should be included in a Sole Proprietor Workers Comp Waiver?

1. Schedule A - Business Documentation: Copies of business registration certificates and BPJS registration documents

2. Schedule B - Risk Declaration Form: Standard form acknowledging understanding of risks associated with waiving coverage

3. Schedule C - Alternative Insurance Details: Documentation of any alternative insurance coverage (if applicable)

4. Appendix 1 - Statutory Declaration: Official declaration form required by Indonesian authorities

5. Appendix 2 - Legal Requirements Checklist: Checklist confirming compliance with all legal requirements for waiver

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use

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