Mutual Severance Agreement Template for Indonesia

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Key Requirements PROMPT example:

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."

Document background
The Mutual Severance Agreement is a crucial document used in Indonesia when an employer and employee mutually agree to terminate their employment relationship. It serves as a comprehensive record of the separation terms while ensuring compliance with Indonesian labor laws, particularly the Job Creation Law (Omnibus Law) and Manpower Law. This document is typically used when both parties wish to document a clean break and mutually agreeable termination, protecting both parties' interests while providing clarity on severance payments, benefits, ongoing obligations, and release of claims. The agreement must carefully balance statutory requirements with practical business needs, incorporating mandatory severance calculations, tax considerations, and social security obligations specific to Indonesian jurisdiction.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Relevant Industries

Manufacturing

Technology

Financial Services

Professional Services

Retail

Healthcare

Education

Construction

Mining

Agriculture

Telecommunications

Energy

Hospitality

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Senior Management

Administration

Compliance

Risk Management

Corporate Secretarial

Employee Relations

Relevant Roles

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

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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