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.
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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
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
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
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