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Mutual Severance Agreement
"I need a Mutual Severance Agreement under Indonesian law for a senior technology executive's amicable departure, including standard non-compete provisions and equity compensation treatment, with termination effective March 15, 2025."
1. Parties: Identification of the employer and employee, including their complete legal names, addresses, and positions
2. Background: Context of the employment relationship and mutual agreement to terminate, including start date of employment and current position
3. Definitions: Key terms used throughout the agreement, including 'Termination Date', 'Severance Payment', and other relevant definitions
4. Termination of Employment: Specific provisions regarding the termination date and immediate cessation of duties
5. Severance Package: Detailed breakdown of all payments including statutory severance, service appreciation pay, and compensation for unused leave as per Indonesian regulations
6. Payment Terms: Timeline and method of severance payment delivery, including tax treatment
7. Company Property: Requirements for return of company property, documents, and data
8. Confidentiality: Ongoing obligations regarding confidential information and trade secrets
9. Release of Claims: Mutual release of claims and waiver of rights to future legal action
10. Tax and Social Security: Provisions regarding tax withholding and social security obligations
11. Governing Law: Specification of Indonesian law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Non-Competition: Restrictions on working for competitors, if applicable and reasonable under Indonesian law
2. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to employee's position
3. Reference and Announcement: Terms regarding employment references and internal/external announcements of departure
4. Continuing Cooperation: Provisions for employee assistance in handover or future inquiries
5. Benefits Continuation: Any continuation of health insurance or other benefits beyond termination date
6. Equity/Stock Options: Treatment of any outstanding equity or stock options, if applicable
7. Legal Fees: Provisions for payment of legal fees for agreement review, if offered
8. Surviving Obligations: Specific obligations that continue post-termination beyond standard confidentiality
1. Schedule 1 - Severance Calculation: Detailed calculation of severance package components as per Indonesian regulations
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Payment Schedule: If payments are to be made in installments, detailed payment schedule
4. Appendix A - Employee's Current Benefits: List of current benefits and their treatment post-termination
5. Appendix B - Confidential Information Definition: Detailed description of what constitutes confidential information
6. Appendix C - Release Details: Comprehensive details of claims being released by both parties
Authors
Company
Employee
Effective Date
Termination Date
Employment Contract
Severance Payment
Service Appreciation Payment
Compensation for Rights
Final Salary
Confidential Information
Company Property
Intellectual Property Rights
Released Claims
Releasing Parties
Benefits
Cause
Governing Law
Notice
Parties
Position
Statutory Entitlements
Tax
Working Day
Social Security Programs (BPJS)
Religious Holiday Allowance (THR)
Outstanding Leave
Company Policies
Mutual Release
Professional Relationship
Severance Payment
Payment Terms
Release of Claims
Confidentiality
Non-Disclosure
Return of Property
Non-Disparagement
Tax Obligations
Social Security
Final Settlement
Non-Competition
Non-Solicitation
Governing Law
Dispute Resolution
Warranties and Representations
Amendment
Entire Agreement
Severability
Notices
Force Majeure
Assignment
Waiver
Third Party Rights
Costs
Counterparts
Good Faith
Legal Compliance
Further Assurance
Survival
Manufacturing
Technology
Financial Services
Professional Services
Retail
Healthcare
Education
Construction
Mining
Agriculture
Telecommunications
Energy
Hospitality
Transportation
Real Estate
Human Resources
Legal
Finance
Operations
Senior Management
Administration
Compliance
Risk Management
Corporate Secretarial
Employee Relations
Chief Executive Officer
Chief Financial Officer
Director
Senior Manager
Department Manager
Project Manager
Senior Executive
Professional Staff
Technical Specialist
Sales Manager
Account Manager
Operations Manager
Administrative Staff
Human Resources Manager
Financial Controller
Regional Manager
Branch Manager
Supervisor
Team Leader
Senior Engineer
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