Indefinite Contract Template for Indonesia
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What is a Indefinite Contract?
This Indefinite Contract template is designed for establishing permanent employment relationships under Indonesian law. It is used when an employer intends to hire an employee on a permanent basis, as opposed to a fixed-term contract (PKWT). The document complies with Indonesian labor regulations, particularly Law No. 13 of 2003 on Manpower and its amendments under the Job Creation Law No. 11 of 2020. It should be used for any permanent position within an organization, containing all mandatory provisions required by Indonesian law including probation periods (if applicable), working hours, remuneration, statutory benefits, and termination procedures. The agreement serves as a comprehensive record of the employment relationship and protects both employer and employee interests while ensuring compliance with local labor regulations.
About the Indefinite Contract
An indefinite contract is a permanent employment agreement that establishes an ongoing working relationship between an employer and employee without a predetermined end date. Under Indonesian law, this type of contract provides greater job security for employees and is the preferred employment structure for most permanent positions within organizations.
When do you need this document?
You need an indefinite contract when hiring employees for permanent positions in your Indonesian business operations. This document is essential when establishing long-term employment relationships for core business functions, management roles, or any position where you require ongoing commitment from skilled workers. Unlike fixed-term contracts (PKWT) which are limited to specific circumstances and maximum durations, indefinite contracts are suitable for regular business operations and provide employees with greater job security and career development opportunities.
Key legal considerations
Several critical legal elements must be addressed in your indefinite contract. The probation period cannot exceed three months for any position and must be clearly stated in the agreement. Working hours must comply with Indonesian standards of 40 hours per week with proper overtime compensation arrangements. The contract must specify salary details, statutory benefits including social security (BPJS) enrollment, annual leave entitlements, and sick leave provisions. Termination clauses should align with Indonesian labor law requirements, including proper notice periods and severance calculations. Additionally, the agreement should address confidentiality obligations, intellectual property rights, and any non-compete restrictions within legal limits.
Legal requirements in Indonesia
Indonesian employment law under Law No. 13 of 2003 on Manpower (as amended by Law No. 11 of 2020) mandates specific requirements for indefinite contracts. The agreement must be written in Indonesian language and include mandatory clauses covering working conditions, compensation, benefits, and termination procedures. Employers must ensure compliance with minimum wage regulations, provide mandatory social security coverage through BPJS Ketenagakerjaan and BPJS Kesehatan, and maintain workplace safety standards under Law No. 1 of 1970. The contract must respect maximum working hours, mandatory rest periods, and annual leave entitlements as prescribed by Government Regulation No. 35 of 2021. Proper registration with local manpower authorities may be required depending on your business location and industry sector.
GOVERNING LAW
Applicable law
This Indefinite Contract is drafted to comply with Indonesia law. Key legislation includes:
Government Regulation No. 35 of 2021: Implementing regulation for fixed-term employment agreements, outsourcing, working and rest hours, and termination of employment
Law No. 24 of 2011 on Social Security Administrative Bodies (BPJS): Regulates mandatory social security and health insurance enrollment for employees
Law No. 1 of 1970 on Work Safety: Establishes basic requirements for workplace safety and health protection
Law No. 40 of 2004 on National Social Security System: Framework law for social security benefits including health insurance, work accident insurance, old age benefits, pension benefits, and death benefits
Minister of Manpower Regulation No. 6 of 2016: Regulates religious holiday allowance (THR) which is mandatory for all employees
Government Regulation No. 36 of 2021: Regulations on wages, including minimum wage requirements and wage structures
Minister of Manpower Circular Letter No. SE-07/MEN/1990: Guidelines for drafting company regulations and employment agreements
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