The Immediate Dismissal Letter is a crucial document in Indonesian employment law, used when an employee commits a serious violation or grave misconduct that warrants immediate termination without prior warning. This document must comply with Law No. 13 of 2003 on Manpower (as amended by the Job Creation Law) and related regulations, requiring specific content and format to be legally valid. It should clearly state the grounds for immediate dismissal, reference relevant legal provisions and company policies, and include information about final settlements and obligations. The letter serves as a key legal document in potential employment disputes and must be carefully drafted to ensure it meets all statutory requirements while clearly communicating the termination decision.
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1. Letter Header and Date: Company letterhead, reference number, and date of the letter
2. Recipient Details: Employee's full name, employee ID, position, and department
3. Subject Line: Clear indication that this is an immediate termination letter
4. Statement of Termination: Clear and unambiguous statement of immediate employment termination
5. Legal Basis: Reference to relevant provisions of Indonesian Labor Law and company regulations that justify immediate dismissal
6. Details of Misconduct: Specific description of the grave misconduct or violation(s) that led to immediate termination
7. Date of Effectiveness: Clear statement of when the termination takes effect
8. Final Settlement Information: Information about final salary, benefits, and any statutory payments due
9. Company Property Return: List of company properties to be returned and deadline
10. Signature Block: Authorized signatory details and company stamp
1. Non-Compete Reminder: Include when the employee's contract contains non-compete clauses that survive termination
2. Confidentiality Obligations: Include when emphasizing ongoing confidentiality obligations is necessary
3. Legal Proceedings Reference: Include when there are ongoing or pending legal proceedings related to the misconduct
4. Prior Warnings: Include when there were previous warnings or disciplinary actions relevant to the termination
5. Appeal Process: Include when company policy allows for an appeal process despite immediate termination
1. Evidence of Misconduct: Documentation, witness statements, or other evidence supporting the termination decision
2. Final Settlement Calculation: Detailed breakdown of final payment including salary, statutory payments, and deductions
3. Company Property Checklist: Itemized list of company properties to be returned
4. Previous Warning Letters: Copies of any relevant previous warning letters or disciplinary records
5. Acknowledgment Form: Form for employee to acknowledge receipt of termination letter
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