The Foreign Worker Levy Waiver is a critical document in Indonesian employment law that addresses the exemption from mandatory levies typically required when employing foreign workers in Indonesia. This document is utilized when companies meet specific criteria established by Indonesian authorities for levy exemption, such as operating in priority sectors, implementing significant technology transfer programs, or contributing to strategic national projects. The waiver document must comply with various regulations, including Law No. 13 of 2003 on Manpower and Presidential Regulation No. 20 of 2018 on Foreign Workers Employment. It includes detailed information about the basis for exemption, duration of the waiver, and any conditions that must be maintained to preserve the waiver's validity. The document serves as official evidence of the approved exemption and helps companies manage their foreign worker employment costs while ensuring compliance with Indonesian regulations.
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1. Parties: Identification of the employer/company and the foreign worker, including their respective registration/identification numbers and addresses
2. Background: Context of the employment relationship and the circumstances leading to the levy waiver request
3. Definitions: Key terms used in the document, including specific references to relevant Indonesian regulations and terminology
4. Waiver Details: Specific details of the levy being waived, including the amount, period, and basis for the waiver
5. Representations and Warranties: Statements confirming the eligibility for the waiver and compliance with Indonesian regulations
6. Conditions: Any specific conditions that must be maintained for the waiver to remain valid
7. Duration: The period for which the waiver is valid, including start and end dates
8. Termination: Circumstances under which the waiver may be terminated or become invalid
9. Governing Law: Confirmation that the waiver is governed by Indonesian law
10. Execution: Signature blocks and execution requirements
1. Reinstatement of Levy: Include when there are specific circumstances under which the levy might be reinstated
2. Reporting Requirements: Include when there are ongoing obligations to report to authorities regarding the waiver status
3. Dispute Resolution: Include when specific dispute resolution procedures are required beyond standard legal processes
4. Language: Include when the document needs to be in both Indonesian and English, specifying which version prevails
5. Confidentiality: Include when there are sensitive details that require specific confidentiality provisions
1. Schedule A - Employment Details: Details of the foreign worker's employment including position, duration, and work location
2. Schedule B - Levy Calculation: Breakdown of the original levy amount and calculation methodology
3. Schedule C - Supporting Documents: List of required supporting documents such as work permits and qualifications
4. Appendix 1 - Authority Approvals: Copies of relevant approvals from Indonesian authorities
5. Appendix 2 - Company Eligibility Documents: Documentation proving the company's eligibility for the levy waiver
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Oil and Gas
Mining
Education
Financial Services
Construction
Telecommunications
Professional Services
Healthcare
Hospitality and Tourism
Maritime and Shipping
Relevant Teams
Human Resources
Legal
Compliance
Finance
Operations
Global Mobility
Regulatory Affairs
Tax
Administration
Industrial Relations
Relevant Roles
Human Resources Director
Legal Counsel
Compliance Officer
HR Manager
Immigration Manager
Foreign Worker Coordinator
Employment Law Specialist
Chief Financial Officer
Operations Director
Talent Acquisition Manager
Global Mobility Manager
Regulatory Affairs Manager
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