The Temporary Staffing Agreement is essential for businesses operating in Indonesia that require flexible workforce solutions while maintaining compliance with local labor laws. This document is typically used when a company needs to engage temporary workers through a professional staffing agency, ensuring proper management of workforce requirements while minimizing legal and operational risks. The agreement must comply with Indonesian regulations, particularly Law No. 13 of 2003 on Manpower and Minister of Manpower and Transmigration Regulation No. 19 of 2012 on outsourcing. It establishes clear guidelines for worker management, payment terms, social security obligations, and dispute resolution procedures, while protecting the interests of all parties involved.
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1. Parties: Identifies the contracting parties - the temporary staffing agency and the client company
2. Background: Explains the context and purpose of the agreement, including the client's need for temporary staff
3. Definitions: Defines key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Services'
4. Scope of Services: Details the temporary staffing services to be provided, including recruitment, placement, and management of temporary workers
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Agency Obligations: Lists the responsibilities of the staffing agency, including worker screening, compliance with labor laws, and administrative duties
7. Client Obligations: Outlines the client company's responsibilities regarding temporary workers and cooperation with the agency
8. Worker Management: Details day-to-day management of temporary workers, including supervision, attendance, and performance monitoring
9. Fees and Payment Terms: Specifies service fees, payment schedule, and related financial terms
10. Compliance with Laws: Addresses compliance with Indonesian labor laws, social security requirements, and other relevant regulations
11. Confidentiality: Protects confidential information of all parties involved
12. Insurance and Indemnification: Details insurance requirements and indemnification obligations
13. Dispute Resolution: Specifies procedures for resolving disputes under Indonesian law
14. General Provisions: Contains standard legal provisions including notices, amendments, and governing law
1. Intellectual Property Rights: Required when temporary workers may create or have access to intellectual property
2. Non-Competition: Include when restricting the agency from providing similar services to competitors
3. Conversion of Temporary Workers: Include when allowing temporary workers to be hired permanently by the client
4. Force Majeure: Optional clause for circumstances preventing performance of obligations
5. Special Industry Requirements: Include for industries with specific regulatory requirements
6. Data Protection: Required when personal data processing is involved
7. Training Requirements: Include when specific training is required for temporary workers
1. Schedule A - Fee Schedule: Detailed breakdown of service fees, markup rates, and payment terms
2. Schedule B - Service Level Agreement: Specific performance metrics and service standards
3. Schedule C - Worker Categories and Qualifications: Details of different worker categories and required qualifications
4. Schedule D - Standard Operating Procedures: Procedures for requesting, onboarding, and managing temporary workers
5. Appendix 1 - Required Forms: Standard forms for worker requests, timesheets, and evaluations
6. Appendix 2 - Compliance Checklist: List of regulatory requirements and compliance documentation
7. Appendix 3 - Insurance Requirements: Detailed insurance coverage requirements and certificates
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