Offer Letter Rescinded Template for Indonesia
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What is a Offer Letter Rescinded?
The Offer Letter Rescinded document is a critical business communication tool used when an organization needs to formally withdraw an employment offer previously extended to a candidate in Indonesia. This document becomes necessary in various situations, such as changed business circumstances, discovery of material misrepresentation in the candidate's application, failed background checks, or significant changes in business requirements. The document must comply with Indonesian Labor Law (Law No. 13/2003) and the Civil Code, particularly regarding fair business practices and good faith in contractual dealings. It should clearly state the rescission, provide appropriate reasoning, address any potential liability issues, and maintain professional communication standards. The document may also need to address practical matters such as the return of any company property or reimbursement of expenses incurred by the candidate.
About the Offer Letter Rescinded
When you need to withdraw a job offer that has already been extended to a candidate in Indonesia, an Offer Letter Rescinded document provides the formal legal framework to communicate this decision professionally and compliantly. This critical business document protects your organization while ensuring adherence to Indonesian employment laws and maintaining good faith business practices required under the Civil Code.
When do you need this document?
You'll need an Offer Letter Rescinded document when circumstances change after extending a job offer but before the candidate begins employment. Common situations include discovering material misrepresentations in the candidate's application, failed background verification or reference checks, sudden budget cuts or organizational restructuring, or changes in business requirements that eliminate the position. This document is also necessary when candidates fail to meet pre-employment conditions such as obtaining required work permits, passing medical examinations, or completing mandatory training certifications.
Key legal considerations
The rescission must comply with good faith principles under the Indonesian Civil Code, meaning you cannot withdraw offers arbitrarily or discriminatorily. Your stated reasons must be factual, legitimate, and documented. Consider potential liability for the candidate's reliance on the offer, including expenses they may have incurred such as relocation costs or resignation from previous employment. The document should address the return of any company property provided during the recruitment process and clarify whether any reimbursements are owed. Ensure the rescission is communicated promptly once the decision is made, as delays can increase legal exposure and demonstrate lack of good faith.
Legal requirements in Indonesia
Under Law No. 13/2003 on Manpower and the Job Creation Law No. 11/2020, employment relationships are governed by principles of fairness and transparency. While pre-employment offer withdrawals are generally permitted, they must not violate anti-discrimination provisions or good faith contractual principles. The rescission notice must be clear, unambiguous, and professionally worded to avoid potential disputes. Indonesian courts recognize that employment offers can create legitimate expectations, so document your decision-making process thoroughly. Minister of Manpower Regulation No. PER-150/MEN/1999 emphasizes fair workforce placement practices, which extend to the pre-employment phase. Ensure your rescission complies with any applicable collective bargaining agreements or company policies, and maintain detailed records of the circumstances leading to the withdrawal decision.
GOVERNING LAW
Applicable law
This Offer Letter Rescinded is drafted to comply with Indonesia law. Key legislation includes:
Indonesian Civil Code (KUHPerdata) Articles 1320-1337: Governs the validity of agreements and contracts, including the requirements for offer and acceptance, and the principles of good faith in contractual relationships
Minister of Manpower Regulation No. PER-150/MEN/1999: Regulates workforce placement and provides guidelines for employment arrangements, including the pre-employment phase
Law No. 11/2020 (Job Creation Law): Contains updates to labor regulations and employment practices, including provisions that may affect employment relationships and contract formation
Government Regulation No. 35/2021: Implements provisions of the Job Creation Law regarding fixed-term employment agreements, outsourcing, working hours, and employment termination
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