The Key Employee Agreement is essential for organizations operating in Indonesia when hiring senior-level employees, executives, or specialists who will have access to confidential information or hold strategic positions. This document is structured to comply with Indonesian employment law, including Law No. 13 of 2003 on Manpower and the Job Creation Law (Law No. 11 of 2020), while protecting the company's interests through carefully crafted provisions on confidentiality, intellectual property rights, and non-competition (where permissible). The agreement typically includes detailed terms on compensation, benefits, performance expectations, and termination conditions, all aligned with Indonesian regulatory requirements. It's particularly important for roles involving access to trade secrets, strategic decision-making, or representing the company to external stakeholders.
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1. Parties: Identification of the employer company and the key employee, including their respective addresses and registration details
2. Background: Context of the agreement, including the nature of the employment relationship and the key employee's role
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Details of the position, effective date, and duration of employment (if fixed-term)
5. Duties and Responsibilities: Detailed description of the key employee's role, reporting structure, and key performance areas
6. Working Hours and Location: Specification of working hours, work location, and flexibility arrangements in compliance with Indonesian labor law
7. Compensation and Benefits: Details of salary, bonuses, allowances, and other benefits as per Indonesian regulations
8. Leave Entitlements: Annual leave, sick leave, and other leave entitlements as per Indonesian labor law
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Assignment of IP rights for work created during employment
11. Non-Competition and Non-Solicitation: Post-employment restrictions (subject to Indonesian law limitations)
12. Termination: Grounds and procedures for termination in compliance with Indonesian labor law
13. Return of Company Property: Obligations regarding company property upon termination
14. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution procedures
15. General Provisions: Standard clauses including amendments, severability, and entire agreement
1. Mobility Clause: Required if the role may involve relocation or regular travel
2. Stock Options/Share Schemes: Include if the employee is eligible for company share schemes
3. International Assignment: Required if the role involves international postings
4. Performance Targets: Include if specific performance metrics are tied to compensation
5. Training and Development: Include if specific training requirements or development programs are part of the role
6. Corporate Governance: Required if the employee will serve as a director or officer
7. Data Protection: Include detailed data protection obligations if handling sensitive data
8. Ethics and Compliance: Include if role involves specific regulatory compliance responsibilities
1. Schedule 1 - Job Description: Detailed description of duties, responsibilities, and performance expectations
2. Schedule 2 - Compensation Structure: Detailed breakdown of salary components, bonuses, and benefits
3. Schedule 3 - Company Policies: List of applicable company policies and procedures
4. Schedule 4 - Confidential Information: Specific types of confidential information the employee will have access to
5. Schedule 5 - Benefits Package: Detailed description of all benefits and eligibility criteria
6. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
7. Appendix B - Reporting Structure: Organizational chart showing reporting relationships
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