Job Agreement Template for Indonesia
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What is a Job Agreement?
The Job Agreement serves as the primary legal document governing the employment relationship between companies and individuals in Indonesia. This document is essential when hiring new employees, whether for permanent or fixed-term positions, and must comply with Indonesian labor laws, particularly Law No. 13 of 2003 on Manpower and its amendments under the Job Creation Law No. 11 of 2020. The agreement covers mandatory provisions required by Indonesian law, including basic salary, allowances, social security benefits, working hours, and leave entitlements. It provides legal protection for both employers and employees by clearly defining rights, obligations, and expectations while ensuring compliance with local employment regulations and customs.
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About the Job Agreement
A Job Agreement is the fundamental legal document that establishes and governs the employment relationship between companies and individuals in Indonesia. Under Indonesian labor law, this contract is mandatory for all employment arrangements and must comply with strict regulatory requirements to ensure both employer and employee protection.
When do you need this document?
You need a Job Agreement whenever hiring employees in Indonesia, whether for permanent positions, fixed-term contracts, or specific project-based work. This includes situations where you're expanding your Indonesian operations, hiring local staff for your subsidiary, or engaging Indonesian workers for your business activities. The document is also required when converting existing work arrangements into formal employment relationships, promoting employees to new positions with different terms, or when Indonesian labor authorities request documentation of your employment practices.
Key legal considerations
Your Job Agreement must include several mandatory provisions under Indonesian law. The contract must specify the employee's basic salary, which cannot be below the regional minimum wage, along with any allowances, overtime compensation, and benefits structure. Social security enrollment is mandatory, requiring contributions to BPJS Kesehatan (health insurance) and BPJS Ketenagakerjaan (employment social security). The agreement must clearly define working hours, which generally cannot exceed 8 hours per day or 40 hours per week, along with rest periods and annual leave entitlements. For fixed-term contracts, you must specify the exact duration and renewal conditions, as these cannot exceed 3 years including extensions. Termination procedures and severance calculations must comply with Indonesian regulations, including proper notice periods and compensation requirements.
Legal requirements in Indonesia
Indonesian employment law mandates that Job Agreements be written in Bahasa Indonesia and include specific clauses required by Law No. 13 of 2003 on Manpower and Government Regulation No. 35 of 2021. The contract must identify both parties with complete legal details, specify the job position and duties clearly, and outline the employment term. Salary and benefits must comply with regional minimum wage standards and include mandatory social security contributions. The agreement must address workplace safety obligations under Law No. 1 of 1970 on Work Safety, including the employer's duty to provide a safe working environment and necessary safety equipment. Any disciplinary procedures must follow due process requirements, and termination clauses must align with Indonesian labor law provisions for lawful dismissal, severance pay, and notice periods. Foreign employers must ensure their agreements comply with investment law requirements and any sector-specific regulations that may apply to their industry.
GOVERNING LAW
Applicable law
This Job Agreement 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 hours, rest periods, and termination of employment
Law No. 40 of 2004 on National Social Security System: Regulates mandatory social security programs including health insurance, work accident insurance, death benefits, pension plans, and old-age benefits
Law No. 1 of 1970 on Work Safety: Provides requirements for workplace safety and health standards that must be maintained by employers
Indonesian Civil Code (KUHPerdata): Contains basic principles of contract law that apply to employment agreements, including requirements for valid contracts and general contractual obligations
Minister of Manpower Regulation on Minimum Wage: Sets out the minimum wage requirements that vary by province and sector
Law No. 24 of 2011 on Social Security Administrative Bodies (BPJS): Establishes the institutions responsible for administering social security programs and employers' obligations regarding social security registration
Government Regulation No. 36 of 2021: Regulates wages and wage protection, including provisions on wage structure, payment methods, and religious holiday allowances
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