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Indefinite Employment Contract Template for Indonesia

This document establishes a permanent employment relationship under Indonesian law, specifically complying with Law No. 13 of 2003 on Manpower (as amended by Law No. 11 of 2020). It outlines the complete terms and conditions of employment, including position, compensation, benefits, working hours, leave entitlements, and other rights and obligations of both employer and employee. The contract incorporates mandatory provisions required by Indonesian labor law, including social security participation, religious holiday allowances, and statutory termination provisions, while also addressing company-specific requirements and policies.

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What is a Indefinite Employment Contract?

This Indefinite Employment Contract template is designed for use by companies operating in Indonesia when hiring permanent employees. It complies with Indonesian labor law requirements, particularly Law No. 13 of 2003 on Manpower as amended by the Job Creation Law (Law No. 11 of 2020). The document should be used when establishing permanent employment relationships, as opposed to fixed-term or temporary arrangements. It contains all mandatory provisions required by Indonesian law, including working hours, minimum wage compliance, social security benefits (BPJS), religious holiday allowance (THR), and statutory leave entitlements. The contract template can be customized for various positions while maintaining compliance with local employment regulations and protecting both employer and employee interests.

What sections should be included in a Indefinite Employment Contract?

1. Parties: Identification of the employer and employee, including their legal details and addresses

2. Background: Brief context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Employee's job title, role, responsibilities, and reporting structure

5. Work Location: Primary workplace location and possibility of relocation if applicable

6. Working Hours: Standard working hours, overtime provisions, and rest periods as per Indonesian law

7. Compensation and Benefits: Base salary, mandatory allowances, and other benefits

8. Leave Entitlements: Annual leave, sick leave, religious holidays, and other statutory leave rights

9. Social Security: BPJS Healthcare and Employment participation and contributions

10. Confidentiality: Protection of company's confidential information and trade secrets

11. Intellectual Property: Ownership of work products and innovations created during employment

12. Code of Conduct: Expected behavior, compliance with company policies and procedures

13. Termination: Grounds for termination, notice periods, and severance provisions as per Indonesian law

14. Governing Law: Application of Indonesian law and jurisdiction

15. Dispute Resolution: Process for resolving employment-related disputes

What sections are optional to include in a Indefinite Employment Contract?

1. Probation Period: Terms of initial probation period - optional for indefinite contracts but common in practice

2. Non-Competition: Post-employment restrictions - use when protecting business interests is crucial

3. Mobility Clause: Terms for temporary or permanent relocation - include for roles requiring travel or potential location changes

4. Performance Reviews: Process for regular performance evaluations - include for companies with formal review systems

5. Training Requirements: Mandatory training and professional development obligations - include for specialized roles

6. Remote Working: Terms for working from home or remote locations - include if applicable to the role

7. Commission Structure: Details of sales or performance-based compensation - include for sales or commission-based roles

8. Language Requirements: Required language proficiency and working language - include for multinational companies

What schedules should be included in a Indefinite Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Breakdown of salary components, allowances, and benefits

3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms

4. Schedule 4 - Mandatory Benefits: Details of statutory benefits including BPJS participation

5. Appendix A - Confidential Information: Definition and examples of confidential information

6. Appendix B - Approved Outside Activities: List of permitted external business activities if any

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

GenieAI

Cost

Free to use

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