The Amendment To Employment Contract is a crucial document used when there is a need to modify existing employment terms while maintaining the overall employment relationship under Indonesian law. It is commonly required during organizational restructuring, promotions, role changes, or when updating employment terms to comply with new regulations. The document must align with Indonesia's Manpower Law (Law No. 13 of 2003), the Job Creation Law, and related implementing regulations. It typically includes specific changes to terms such as compensation, position, working hours, or other employment conditions, while explicitly stating that all other terms from the original contract remain in effect. This amendment format ensures legal compliance while providing clarity and certainty for both employer and employee regarding the modified terms.
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1. Parties: Identification of the employer and employee, including their complete legal names, addresses, and positions
2. Background: Reference to the original employment contract (including date and parties), reason for amendment, and confirmation that parties agree to modify specific terms
3. Definitions: Key terms used in the amendment, including reference to definitions from the original contract that remain applicable
4. Amendments: Clear statement of each specific clause being amended, showing both the original text and the new text
5. Continuing Effect: Confirmation that all other terms and conditions of the original employment contract remain in full force and effect
6. Effective Date: Specification of when the amendments take effect
7. Governing Law: Confirmation that the amendment is governed by Indonesian law
8. Execution: Signature blocks for both parties, including witnesses if required
1. Regulatory Compliance: Include when amendments need to specifically address compliance with new regulations or laws
2. Language: Include when the amendment is bilingual, specifying which language version prevails
3. Employee Acknowledgment: Include when significant changes to employment terms require specific acknowledgment from the employee
4. Union Consultation: Include when amendments require union consultation or approval under Indonesian labor law
5. Transitional Provisions: Include when changes require a transition period or phased implementation
1. Schedule of Amended Terms: Detailed table showing side-by-side comparison of original and amended terms
2. Updated Job Description: If the amendment includes changes to role or responsibilities
3. Revised Compensation Structure: If the amendment includes changes to salary or benefits
4. Compliance Certificates: Any required regulatory or corporate approvals for the amendments
5. Original Employment Contract: Attached for reference purposes
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