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Employee Severance Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that formalizes the termination of employment between an employer and employee. The agreement details severance payments, final settlements, and mutual obligations in accordance with the Job Creation Law (Omnibus Law) and Government Regulation No. 35/2021. It includes mandatory severance calculations, service pay, and other statutory entitlements as required under Indonesian labor regulations, while also addressing confidentiality, release of claims, and ongoing obligations post-employment. The document ensures compliance with local labor laws while providing legal certainty and protection for both parties.

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What is a Employee Severance Agreement?

The Employee Severance Agreement is a crucial document used when formally terminating employment relationships in Indonesia. It is designed to comply with Indonesian labor laws, particularly the Job Creation Law (Omnibus Law) and Government Regulation No. 35/2021, which set strict requirements for employment termination and severance calculations. This agreement is necessary whenever an employment relationship is terminated by mutual consent or under circumstances requiring statutory severance payments. It encompasses mandatory elements such as severance pay, service pay, and compensation rights, while also addressing post-employment obligations and releases. The document serves as both a legal requirement and a protection mechanism for employers and employees, ensuring that termination processes follow Indonesian regulatory requirements and that all statutory entitlements are properly documented and agreed upon.

What sections should be included in a Employee Severance Agreement?

1. Parties: Identification of the employer and employee, including complete legal names and addresses

2. Background: Context of the employment relationship and reason for termination

3. Definitions: Key terms used throughout the agreement, including statutory terms from Indonesian labor laws

4. Termination Date: Specific date of employment termination and last working day

5. Severance Payment: Calculation and breakdown of severance pay according to Indonesian regulations

6. Service Pay: Calculation of service/appreciation pay based on years of service

7. Compensation Rights: Other statutory payments including unused leave, transportation, and housing allowances

8. Payment Terms: Timeline and method of severance payment disbursement

9. Tax Treatment: Tax implications and responsibilities for severance payments

10. Final Settlements: Settlement of outstanding claims, expenses, and company property

11. Confidentiality: Ongoing obligations regarding confidential information

12. Release of Claims: Mutual release of employment-related claims

13. Governing Law: Confirmation of Indonesian law application and jurisdiction

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee Severance Agreement?

1. Non-Competition: Restrictions on working for competitors, used for senior positions or when handling sensitive information

2. Non-Solicitation: Restrictions on soliciting employees or customers, typically for management positions

3. Outplacement Support: Details of any career transition services offered, common for senior positions

4. Reference Letter: Terms regarding the provision of employment references

5. Medical Benefits Extension: Continuation of medical benefits, if applicable

6. Stock Options/Share Rights: Treatment of any outstanding equity compensation

7. Resignation from Offices: Required for employees who held director or officer positions

8. Dispute Resolution: Specific procedures for resolving disputes, including mediation requirements

What schedules should be included in a Employee Severance Agreement?

1. Schedule A - Severance Calculation: Detailed breakdown of severance payment calculation according to Indonesian labor law

2. Schedule B - Outstanding Benefits: List of accrued benefits and allowances to be paid

3. Schedule C - Company Property: Inventory of company property to be returned

4. Schedule D - Release Declaration: Detailed release of claims form in Indonesian and English

5. Appendix 1 - Employment History: Summary of employment duration, positions, and salary history

6. Appendix 2 - Tax Calculations: Breakdown of tax treatment for different components of the severance package

Authors

Alex Denne

Advisor @ 蜜桃传媒AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Cost

Free to use

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