Non Disclosure Agreement Employee Termination for Indonesia

Non Disclosure Agreement Employee Termination Template for Indonesia

A comprehensive legal document designed for use in Indonesia that combines employee termination provisions with confidentiality obligations. This agreement ensures compliance with Indonesian labor laws, particularly Law No. 13 of 2003 on Manpower (as amended) and Law No. 30 of 2000 on Trade Secrets, while protecting the company's confidential information after employment ends. The document addresses termination terms, return of company property, ongoing confidentiality obligations, and enforcement mechanisms, all within the framework of Indonesian employment and contract law.

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What is a Non Disclosure Agreement Employee Termination?

The Non Disclosure Agreement Employee Termination is essential for companies operating in Indonesia who need to protect their confidential information when employees leave the organization. This document is typically used during employee exits to formalize both the termination process and ongoing confidentiality obligations. It must comply with Indonesian labor laws, including Law No. 13 of 2003 on Manpower (as amended by Job Creation Law No. 11 of 2020) and trade secret protection regulations. The agreement covers termination terms, confidentiality obligations, return of company property, and potential remedies for breach. It's particularly important in situations involving employees with access to sensitive business information, intellectual property, or trade secrets. The document should be prepared and executed before the employee's last day of employment to ensure proper protection of company interests while maintaining compliance with local employment regulations.

What sections should be included in a Non Disclosure Agreement Employee Termination?

1. Parties: Identification of the employer and the departing employee, including complete legal names and addresses

2. Background: Context of the employment relationship, reason for termination, and purpose of the agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Materials'

4. Termination Terms: Specific details about the termination including effective date and general terms of separation

5. Return of Company Property: Requirements for returning all company property, documents, and materials

6. Confidentiality Obligations: Detailed provisions regarding the ongoing obligation to maintain confidentiality of company information

7. Prohibited Activities: Specific actions that the employee is prohibited from taking regarding confidential information

8. Duration of Obligations: Time period for which the confidentiality obligations remain in effect

9. Acknowledgments: Employee's acknowledgment of obligations and receipt of consideration

10. Remedies: Legal remedies available to the company in case of breach

11. Governing Law: Specification of Indonesian law as governing law and jurisdiction

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Non Disclosure Agreement Employee Termination?

1. Non-Disparagement: Mutual or one-way obligations not to make negative statements, included when there's risk of reputational damage

2. Future Cooperation: Terms for employee's assistance in transition or future matters, used when handover of responsibilities is complex

3. References: Agreement on how employment references will be handled, included when specifically negotiated

4. Severance Benefits: Details of any additional severance benefits beyond statutory requirements, included when offering extra benefits

5. Survival Clause: Specification of which provisions survive termination of employment, included for additional legal clarity

6. Non-Competition: Restrictions on future employment with competitors, included when legally enforceable and necessary

What schedules should be included in a Non Disclosure Agreement Employee Termination?

1. Schedule A - Confidential Information: Detailed list of types of confidential information covered by the agreement

2. Schedule B - Company Materials: Inventory of company property and materials to be returned

3. Schedule C - Termination Benefits: Detailed breakdown of any termination payments and benefits

4. Appendix 1 - Exit Interview Checklist: Checklist confirming return of property and review of obligations

5. Appendix 2 - Acknowledgment Form: Separate form confirming receipt and understanding of the agreement

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

Jurisdiction

Indonesia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Retail

Telecommunications

Energy

Mining

Pharmaceuticals

Education

Construction

Hospitality

Media and Entertainment

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Finance

Information Technology

Research and Development

Operations

Sales

Marketing

Product Development

Customer Service

Administration

Executive Leadership

Procurement

Quality Assurance

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Department Director

Project Manager

Research Scientist

Software Developer

Financial Analyst

Sales Executive

Product Manager

Human Resources Manager

Legal Counsel

Operations Manager

Business Development Manager

Marketing Director

Systems Administrator

Data Analyst

Account Manager

Research and Development 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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