Settlement Agreement Between Employee And Employer Template for Indonesia

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Key Requirements PROMPT example:

Settlement Agreement Between Employee And Employer

"I need a Settlement Agreement Between Employee and Employer for a mutual separation with our Senior Marketing Director in Jakarta, Indonesia, with an agreed termination date of March 15, 2025, including standard non-compete provisions and continued health benefits for 3 months."

Document background

The Settlement Agreement Between Employee And Employer is a crucial document used in Indonesian employment relationships when terminating employment by mutual agreement or resolving employment-related disputes. It is governed by Indonesian Labor Law (Law No. 13/2003), the Job Creation Law (Law No. 11/2020), and related regulations. This document is typically used when parties wish to formally document the terms of employment separation, including financial settlements, statutory entitlements, and mutual releases of claims. It becomes particularly important in situations involving senior employees, dispute resolutions, or complex termination scenarios. The agreement must comply with minimum statutory requirements for severance payments and other entitlements under Indonesian law while providing clarity and finality to the employment relationship.

Suggested Sections

1. Parties: Identification of the employer and employee, including their legal details and addresses

2. Background: Context of the employment relationship, reason for termination/settlement, and reference to any disputes or claims

3. Definitions: Definitions of key terms used throughout the agreement

4. Settlement Terms: Core terms of the settlement including financial compensation, payment terms, and timing

5. Release of Claims: Mutual release of all claims between parties as permitted under Indonesian law

6. Payment Details: Breakdown of settlement amount, including statutory entitlements under Indonesian Labor Law

7. Tax Implications: Treatment of tax obligations for settlement payments

8. Confidentiality: Obligations regarding confidentiality of the agreement and its terms

9. Return of Company Property: Requirements and timeline for returning company assets and documents

10. Non-disparagement: Mutual obligations to refrain from making negative statements

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

12. Execution: Signing requirements and effective date of the agreement

Optional Sections

1. Post-Employment Restrictions: Non-compete and non-solicitation clauses, if applicable and agreed (subject to Indonesian law restrictions)

2. Reference: Terms regarding future employment references

3. Continuing Obligations: Survival of specific employment contract terms post-termination

4. Medical Benefits Extension: Any agreed continuation of medical benefits

5. Outstanding Leave: Treatment of unused annual leave or other leave entitlements

6. Legal Representation: Acknowledgment that parties had opportunity for legal counsel

7. Assistance with Transition: Terms for knowledge transfer or handover if required

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of settlement payment including statutory severance, service pay, and other entitlements

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Employee Benefits Summary: Summary of benefits and their treatment post-termination

4. Appendix A - Resignation Letter: Standard format resignation letter if termination is structured as resignation

5. Appendix B - Release Form: Detailed release of claims form in compliance with Indonesian law

6. Appendix C - Certificate of Service: Standard form employment certificate confirming dates and nature of employment

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Education

Construction

Mining

Agriculture

Transportation

Hospitality

Professional Services

Telecommunications

Energy

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Industrial Relations

Finance

Executive Leadership

Risk Management

Corporate Secretariat

Employee Relations

Payroll

Relevant Roles

HR Director

Legal Counsel

HR Manager

Employment Lawyer

Industrial Relations Manager

Compliance Officer

HR Business Partner

Chief Human Resources Officer

Legal Manager

Company Secretary

Chief Executive Officer

Chief Financial Officer

Risk Manager

Operations Director

General Manager

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Authors

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