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Employee Mutual Separation Agreement
"I need an Employee Mutual Separation Agreement under Indonesian law for an immediate amicable separation effective March 1, 2025, including standard severance calculations and confidentiality provisions for a senior technology executive."
1. Parties: Identification of the employer and employee, including their legal details and addresses
2. Background: Context of the employment relationship and mutual decision to separate
3. Definitions: Key terms used throughout the agreement
4. Effective Date of Separation: Clear statement of the employee's last working day and when the separation takes effect
5. Financial Settlement: Details of all payments including severance, service appreciation pay, and other entitlements as per Indonesian law
6. Tax Treatment: Clarification of tax obligations for all payments
7. Company Property: Requirements for returning company assets and documents
8. Final Settlements: Process for settling any outstanding claims, expenses, or benefits
9. Release and Waiver: Mutual release of claims and liabilities
10. Confidentiality: Ongoing obligations regarding confidential information
11. Governing Law: Confirmation of Indonesian law as governing law
12. Execution: Signature blocks and execution requirements
1. Non-Competition: Restrictions on working for competitors, if applicable and allowable under Indonesian law
2. Ongoing Projects Handover: Provisions for transitioning ongoing work and projects
3. Reference and Announcement: Terms regarding employment references and how the departure will be communicated
4. Post-Employment Benefits: Any additional benefits extended beyond separation date
5. Legal Representation: Acknowledgment that parties had the opportunity to seek legal advice
6. Dispute Resolution: Specific procedures for resolving any disputes about the agreement
7. Assistance with Legal Proceedings: Employee's obligation to assist with any ongoing legal matters
8. Garden Leave: Terms of any garden leave period before final separation
1. Schedule 1 - Calculation of Separation Payments: Detailed breakdown of all payment components including severance, gratuity, and other entitlements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Benefits Settlement: Details of pro-rated benefits, unused leave, and other benefit calculations
4. Schedule 4 - Confidential Information: Specific details of confidential information and intellectual property
5. Appendix A - Release Form: Standard release form as required by Indonesian labor law
6. Appendix B - Handover Checklist: Checklist for completing all separation requirements
Authors
Banking & Financial Services
Technology
Manufacturing
Retail
Healthcare
Education
Professional Services
Energy & Resources
Telecommunications
Construction
Hospitality
Transportation & Logistics
Media & Entertainment
Consumer Goods
Mining
Human Resources
Legal
Compliance
Industrial Relations
Finance
Corporate Secretariat
Executive Management
Compensation & Benefits
Employee Relations
Talent Management
HR Director
HR Manager
Legal Counsel
Compliance Officer
Chief Human Resources Officer
Employment Relations Manager
HR Business Partner
Legal Manager
Chief Legal Officer
HR Operations Manager
Talent Management Director
Industrial Relations Manager
Corporate Secretary
Chief Executive Officer
Chief Financial Officer
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