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Employee Lease Agreement for Indonesia

Employee Lease Agreement Template for Indonesia

A comprehensive agreement governed by Indonesian law that establishes the terms and conditions for the temporary provision of employees from a staffing company (lessor) to a client company (lessee). This document ensures compliance with Indonesian labor laws, particularly Law No. 13/2003 and related regulations on outsourcing, while defining the rights, obligations, and responsibilities of all parties involved. It covers essential aspects such as employee management, compensation, benefits, workplace safety, and regulatory compliance, while maintaining clear distinctions between direct employment and employee leasing arrangements as required under Indonesian labor regulations.

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What is a Employee Lease Agreement?

The Employee Lease Agreement is essential for businesses operating in Indonesia that require flexible staffing solutions while maintaining compliance with local labor laws. This document is typically used when a company needs temporary staff augmentation, specialized skills, or workforce flexibility without direct employment obligations. The agreement must strictly adhere to Indonesian regulations, particularly Law No. 13/2003 and Minister of Manpower Regulation No. 19/2012 on outsourcing. It defines the tripartite relationship between the staffing company, client company, and leased employees, covering crucial aspects such as employment terms, benefits, workplace safety, and regulatory compliance. The document is particularly relevant in the context of Indonesia's strict labor laws, which place specific requirements on employee leasing arrangements and protect workers' rights.

What sections should be included in a Employee Lease Agreement?

1. Parties: Identification of the lessor (staffing company) and lessee (client company), including their legal details and authorized representatives

2. Background: Context of the agreement, including the lessor's authority to provide employee leasing services and the lessee's need for temporary staffing

3. Definitions: Key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Assignment Period', etc.

4. Scope of Services: Detailed description of employee leasing services, including types of positions and roles to be filled

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Employee Assignment and Management: Process for employee selection, assignment, replacement, and day-to-day management

7. Responsibilities of the Lessor: Obligations including employee recruitment, payroll, benefits administration, and legal compliance

8. Responsibilities of the Lessee: Obligations regarding workplace safety, supervision, and treatment of leased employees

9. Fees and Payment Terms: Service fees, payment schedule, and any additional charges

10. Employment Status and Compliance: Clarification of employment relationships and compliance with Indonesian labor laws

11. Confidentiality: Protection of confidential information exchanged during the agreement

12. Insurance and Indemnification: Insurance requirements and mutual indemnification provisions

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard clauses including notices, amendments, and entire agreement

What sections are optional to include in a Employee Lease Agreement?

1. Non-Competition: Restrictions on hiring leased employees directly, used when there's a risk of employee poaching

2. Performance Standards: Specific KPIs and performance metrics, included when service levels need to be strictly monitored

3. Training Requirements: Specific training obligations for either party, included when specialized skills are required

4. Intellectual Property Rights: IP ownership and protection clauses, needed when leased employees may create IP

5. Data Protection: Specific provisions for handling personal data, required when dealing with sensitive information

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile business environments

7. Exit Management: Detailed transition procedures, important for long-term or complex staffing arrangements

What schedules should be included in a Employee Lease Agreement?

1. Schedule 1 - Employee Specifications: Detailed list of positions, job descriptions, and required qualifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of service fees, markup percentages, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and service standards

4. Schedule 4 - Benefits Package: Details of employee benefits and entitlements

5. Schedule 5 - Workplace Policies: Relevant workplace policies and procedures of the lessee

6. Appendix A - Required Documentation: List of required employee documents and compliance certificates

7. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and limits

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Rental Agreement

Cost

Free to use
Relevant legal definitions




































Clauses
































Relevant Industries

Manufacturing

Technology

Construction

Healthcare

Retail

Mining

Oil and Gas

Financial Services

Logistics and Transportation

Hospitality

Agriculture

Professional Services

Education

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Project Management

Talent Acquisition

Contract Administration

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Director

Finance Director

Compliance Officer

Risk Manager

Project Manager

Human Resources Manager

Talent Acquisition Manager

Contract Administrator

Chief Financial Officer

Chief Operating Officer

General Counsel

Business Unit Head

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

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