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Workers Compensation Waiver

Workers Compensation Waiver Template for Indonesia

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Key Requirements PROMPT example:

Workers Compensation Waiver

"I need a Workers Compensation Waiver for our Jakarta-based manufacturing company, specifically for employees who have opted into our enhanced private insurance scheme starting January 2025, ensuring compliance with BPJS regulations while acknowledging their voluntary choice of alternative benefits."

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Document background
The Workers Compensation Waiver is a critical document used in Indonesian employment relationships when an employee agrees to waive specific compensation rights beyond the mandatory minimum requirements established by Indonesian law. This document becomes relevant in situations where alternative compensation arrangements are being made, or when resolving workplace injury claims outside the statutory framework. It must strictly comply with Indonesian labor laws, particularly Law No. 13 of 2003 on Manpower and BPJS regulations, ensuring that mandatory benefits remain protected. The document serves to clearly document the agreed terms while protecting both employer and employee interests through proper legal safeguards and acknowledgments.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant identification numbers

2. Background: Context of the employment relationship and circumstances leading to this waiver

3. Definitions: Key terms used in the document, including 'Work-Related Injury', 'Compensation', 'Statutory Benefits', and other relevant terms

4. Scope of Waiver: Specific details of what compensation rights are being waived, with explicit mention that this waiver only applies to additional/supplementary benefits beyond statutory minimums

5. Acknowledgment of Statutory Rights: Clear statement of mandatory benefits and rights that cannot be waived under Indonesian law, including BPJS benefits

6. Consideration: Details of any consideration or alternative benefits provided in exchange for the waiver

7. Employee Acknowledgments: Employee's confirmation of understanding the waiver's implications and having received independent legal advice

8. Governing Law and Jurisdiction: Specification that Indonesian law governs the agreement and relevant jurisdiction for disputes

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Alternative Dispute Resolution: Optional section for specifying mediation or other dispute resolution procedures before court proceedings

2. Language: Required only if the document is bilingual (Indonesian/English), specifying which version prevails

3. Severability: Optional clause addressing the scenario where any provision is found to be invalid

4. Specific Injury Details: Include only if the waiver relates to a specific workplace injury or incident

5. Return to Work Provisions: Include if the waiver is part of a return-to-work agreement following an injury

Suggested Schedules

1. Schedule 1 - Statutory Benefits Summary: Summary of mandatory BPJS benefits and other statutory entitlements that cannot be waived

2. Schedule 2 - Specific Claims Waived: Detailed list of specific claims or rights being waived

3. Schedule 3 - Alternative Benefits: If applicable, details of alternative compensation or benefits provided in lieu of waived rights

4. Appendix A - Employee's Medical Report: If applicable, medical documentation relevant to the waiver

5. Appendix B - Independent Legal Advice Certificate: Confirmation from legal advisor that employee has received independent advice about the waiver

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Manufacturing

Construction

Mining

Agriculture

Logistics

Healthcare

Retail

Hospitality

Industrial Services

Transportation

Energy

Maritime

Food Processing

Textile Industry

Technology

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Operations

Health and Safety

Industrial Relations

Employee Relations

Occupational Health

Claims Management

Administration

Relevant Roles

Human Resources Director

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Factory Manager

Site Supervisor

Safety Officer

HR Manager

Compensation and Benefits Manager

Industrial Relations Manager

Employee Relations Specialist

Occupational Health and Safety Manager

Workers' Compensation Administrator

Claims Manager

Industries
Law No. 13 of 2003 on Manpower: The primary labor law in Indonesia that governs employment relationships, including workers' rights, obligations, and protections. This law sets the fundamental framework for worker compensation and benefits.
Law No. 40 of 2004 on National Social Security System: Establishes the framework for workers' social security and insurance systems, including work-related accident insurance and death benefits.
Law No. 24 of 2011 on Social Security Administrative Bodies (BPJS): Regulates the implementation of social security programs including work accident benefits and the mandatory nature of workers' compensation insurance.
Government Regulation No. 44 of 2015: Specific regulation on Work Accident Insurance and Death Security Program implementation, detailing the scope and extent of work-related accident coverage.
Law No. 1 of 1970 on Work Safety: Fundamental law governing workplace safety requirements and employer obligations regarding workplace accident prevention and management.
Minister of Manpower Regulation No. 26 of 2015: Procedures for implementation of work accident insurance programs, including claim procedures and compensation calculations.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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