The Employee Liability Waiver And Indemnification Agreement is essential for businesses operating in Indonesia where employees engage in activities with inherent risks or potential liability exposure. This document is typically implemented when employees perform duties that could result in personal injury, property damage, or third-party claims. The agreement must comply with Indonesian Labor Law No. 13/2003 and related regulations while providing clear terms for liability limitation and indemnification. It's particularly important in high-risk industries and positions where specific hazards are present in daily operations. The document includes detailed descriptions of covered activities, acknowledged risks, waiver limitations, and indemnification terms, all structured within the framework of Indonesian employment and contract law.
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1. Parties: Identifies and defines the employer and employee parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the employment relationship
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Employment: Outlines the employee's role and responsibilities covered by the waiver
5. Acknowledgment of Risks: Details the potential risks and hazards associated with the employment that the employee acknowledges
6. Waiver of Liability: Specifies the extent to which the employee waives their right to bring claims against the employer
7. Indemnification: Details the employee's obligation to indemnify the employer against certain claims
8. Exceptions to Waiver: Specifies what is not covered by the waiver (e.g., gross negligence, willful misconduct)
9. Compliance with Laws: Confirms that the agreement operates within applicable Indonesian laws and regulations
10. Duration and Survival: Specifies how long the waiver remains in effect and which provisions survive employment termination
11. Governing Law: Establishes Indonesian law as the governing law and jurisdiction
12. Execution: Formal closing and signature blocks
1. Insurance Obligations: Details any insurance requirements or coverage relevant to the waiver, used when specific insurance policies are required
2. Special Activities: Addresses specific high-risk activities or special duties, included when the role involves unusual risks
3. Third Party Rights: Addresses rights of third parties affected by the waiver, used when third parties are regularly involved
4. Dispute Resolution: Details specific dispute resolution procedures, included when standard court proceedings are not preferred
5. Severability: Ensures remaining provisions stay valid if parts are found unenforceable, used in complex agreements
6. Language Declaration: Declares which language version prevails if agreement is bilingual, used when document is in multiple languages
1. Schedule A - Specific Risks: Detailed list of specific risks and hazards associated with the employment
2. Schedule B - Safety Procedures: Outline of mandatory safety procedures and protocols
3. Schedule C - Incident Reporting: Procedures for reporting incidents and accidents
4. Appendix 1 - Insurance Coverage: Details of required insurance coverage and limits
5. Appendix 2 - Emergency Contacts: List of emergency contacts and procedures
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