The Redundancy Agreement serves as a crucial document in Indonesian employment relations, used when a position becomes redundant due to organizational restructuring, economic conditions, or technological changes. It must comply with Indonesian labor laws, particularly Law No. 13 of 2003 on Manpower and its amendments under the Job Creation Law (Omnibus Law). The agreement details all statutory entitlements, including severance pay, service pay, and compensation rights, while also addressing practical aspects such as the return of company property and ongoing obligations. This document is essential for ensuring legal compliance, maintaining clear documentation of the redundancy process, and protecting both employer and employee interests. The agreement should be drafted with consideration of specific Industry standards and any applicable collective bargaining agreements.
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1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Context of the redundancy, including the business reasons leading to the decision
3. Definitions: Key terms used throughout the agreement, including statutory terms from Indonesian labor law
4. Confirmation of Redundancy: Formal statement of the position being made redundant and the effective date
5. Statutory Payments: Details of all mandatory payments including severance pay, service pay, and compensation rights as per Indonesian law
6. Payment Terms: Timing and method of all payments, including tax treatment
7. Return of Company Property: Requirements and timeline for returning company assets and documents
8. Confidentiality Obligations: Ongoing obligations regarding confidential information
9. Full and Final Settlement: Confirmation that the agreement represents a full and final settlement of all claims
10. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
11. Execution: Signature blocks and execution requirements
1. Additional Benefits: Any non-statutory benefits the company chooses to provide beyond legal requirements
2. Outplacement Support: Details of any career transition or job search assistance offered
3. Reference Provision: Terms regarding the provision of employment references
4. Non-disparagement: Mutual obligations not to make negative statements about each other
5. Release of Claims: Specific waiver of potential legal claims, if applicable under Indonesian law
6. Medical Insurance Extension: Any continuation of health benefits beyond termination
7. Competition Restrictions: Any post-employment restrictions, if legally enforceable in Indonesia
1. Schedule 1 - Calculation of Payments: Detailed breakdown of severance pay, service pay, and other entitlements calculations
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Employee Benefits Summary: Summary of all benefits and their treatment post-termination
4. Appendix A - Statutory Payment Formula: Reference to relevant statutory formulas under Indonesian law
5. Appendix B - Release Form: Standard release form in Indonesian and English if applicable
6. Appendix C - Handover Checklist: Checklist for completion of handover responsibilities
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