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Employment Transfer Agreement Template for Indonesia

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Key Requirements PROMPT example:

Employment Transfer Agreement

"I need an Employment Transfer Agreement for transferring 50 manufacturing employees from PT Global Industries to PT Premium Manufacturing, effective March 1, 2025, ensuring compliance with Indonesian labor laws and maintaining current collective bargaining agreements."

Document background
An Employment Transfer Agreement is a critical document used in Indonesia when transferring employees between legal entities, whether due to corporate restructuring, mergers, acquisitions, or internal reorganizations. This agreement ensures compliance with Indonesian labor laws, particularly Law No. 13 of 2003 on Manpower and related regulations. It typically becomes necessary during business transactions, group restructuring, or when operations are being reorganized between different legal entities. The document addresses essential aspects such as employment continuity, benefit preservation, statutory compliance, and social security arrangements. It requires careful consideration of Indonesian employment regulations, including mandatory provisions regarding employee rights, union consultation requirements, and social security obligations. The agreement serves as a crucial tool for protecting both employer and employee interests while facilitating smooth workforce transitions.
Suggested Sections

1. Parties: Identification of the current employer (transferor), new employer (transferee), and the employee(s) being transferred

2. Background: Context of the transfer, including the business reason for the transfer and reference to any master agreements or corporate restructuring

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

4. Transfer of Employment: Core terms of the employment transfer, including the effective date and continuation of service

5. Continuity of Employment: Confirmation that the period of employment with the current employer will be recognized by the new employer

6. Terms and Conditions of Employment: Specification of how existing employment terms and conditions will be maintained or modified

7. Employee Benefits: Treatment of existing benefits, including social security, insurance, and other statutory benefits

8. Accrued Rights: Handling of accrued leave, bonuses, and other employment rights

9. Statutory Obligations: Compliance with Indonesian labor laws and regulations

10. Data Protection: Provisions for handling employee personal data during the transfer

11. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Union Consultation: Required if employees are unionized - details of union consultation process and agreements

2. Intellectual Property Rights: Required if employees have created or manage intellectual property - handling of IP rights and obligations

3. Non-compete and Confidentiality: Optional section for senior employees or those with access to sensitive information

4. Severance Package Options: Required if alternative severance options are being offered instead of transfer

5. Transition Services: Required if employees will provide transition services to the former employer

6. International Transfer Provisions: Required for transfers involving international elements or expatriate employees

Suggested Schedules

1. Schedule 1 - List of Transferring Employees: Detailed list of employees being transferred, including their current positions and service dates

2. Schedule 2 - Current Terms and Conditions: Detailed summary of current employment terms and conditions

3. Schedule 3 - Employee Benefits: Comprehensive list of current benefits and their treatment post-transfer

4. Schedule 4 - Outstanding Claims and Liabilities: List of any outstanding employee claims or liabilities

5. Schedule 5 - Transfer Timeline: Detailed timeline for implementation of the transfer

6. Appendix A - Required Forms: Standard forms required under Indonesian law for employment transfer

7. Appendix B - Consent Forms: Employee consent forms and acknowledgments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses



































Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Mining

Energy

Telecommunications

Professional Services

Construction

Agriculture

Transportation

Education

Hospitality

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Industrial Relations

Corporate Secretariat

Employee Relations

Labor Relations

Compensation and Benefits

Operations

Finance

Relevant Roles

Human Resources Director

Legal Counsel

HR Manager

Compliance Officer

Industrial Relations Manager

Employee Relations Manager

Corporate Secretary

Chief Human Resources Officer

Labor Relations Specialist

HR Business Partner

Chief Legal Officer

General Counsel

HR Operations Manager

Talent Management Director

Compensation and Benefits Manager

Industries








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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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