Employee Mutual Separation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Employee Mutual Separation Agreement

"I need an Employee Mutual Separation Agreement under Indonesian law for an immediate amicable separation effective March 1, 2025, including standard severance calculations and confidentiality provisions for a senior technology executive."

Document background
The Employee Mutual Separation Agreement is a crucial document used in Indonesian employment contexts when both employer and employee agree to terminate their employment relationship amicably. It serves as a legally binding document under Indonesian labor law, particularly Law No. 13 of 2003 on Manpower and its amendments under the Job Creation Law. This agreement is typically utilized during corporate restructuring, voluntary resignation programs, or when both parties seek an amicable separation with mutually agreed terms. The document incorporates mandatory provisions required by Indonesian law regarding severance calculations, benefit settlements, and release of claims, while also allowing for additional terms as agreed between the parties. It provides legal certainty and protection for both employer and employee by clearly documenting the separation terms, financial settlements, and ongoing obligations.
Suggested Sections

1. Parties: Identification of the employer and employee, including their legal details and addresses

2. Background: Context of the employment relationship and mutual decision to separate

3. Definitions: Key terms used throughout the agreement

4. Effective Date of Separation: Clear statement of the employee's last working day and when the separation takes effect

5. Financial Settlement: Details of all payments including severance, service appreciation pay, and other entitlements as per Indonesian law

6. Tax Treatment: Clarification of tax obligations for all payments

7. Company Property: Requirements for returning company assets and documents

8. Final Settlements: Process for settling any outstanding claims, expenses, or benefits

9. Release and Waiver: Mutual release of claims and liabilities

10. Confidentiality: Ongoing obligations regarding confidential information

11. Governing Law: Confirmation of Indonesian law as governing law

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Competition: Restrictions on working for competitors, if applicable and allowable under Indonesian law

2. Ongoing Projects Handover: Provisions for transitioning ongoing work and projects

3. Reference and Announcement: Terms regarding employment references and how the departure will be communicated

4. Post-Employment Benefits: Any additional benefits extended beyond separation date

5. Legal Representation: Acknowledgment that parties had the opportunity to seek legal advice

6. Dispute Resolution: Specific procedures for resolving any disputes about the agreement

7. Assistance with Legal Proceedings: Employee's obligation to assist with any ongoing legal matters

8. Garden Leave: Terms of any garden leave period before final separation

Suggested Schedules

1. Schedule 1 - Calculation of Separation Payments: Detailed breakdown of all payment components including severance, gratuity, and other entitlements

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Benefits Settlement: Details of pro-rated benefits, unused leave, and other benefit calculations

4. Schedule 4 - Confidential Information: Specific details of confidential information and intellectual property

5. Appendix A - Release Form: Standard release form as required by Indonesian labor law

6. Appendix B - Handover Checklist: Checklist for completing all separation requirements

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Professional Services

Energy & Resources

Telecommunications

Construction

Hospitality

Transportation & Logistics

Media & Entertainment

Consumer Goods

Mining

Relevant Teams

Human Resources

Legal

Compliance

Industrial Relations

Finance

Corporate Secretariat

Executive Management

Compensation & Benefits

Employee Relations

Talent Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Compliance Officer

Chief Human Resources Officer

Employment Relations Manager

HR Business Partner

Legal Manager

Chief Legal Officer

HR Operations Manager

Talent Management Director

Industrial Relations Manager

Corporate Secretary

Chief Executive Officer

Chief Financial Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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