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Position Elimination Letter for Indonesia

Position Elimination Letter Template for Indonesia

A Position Elimination Letter is a formal document used in Indonesia to notify an employee of the termination of their employment due to the elimination of their position. This document must comply with Indonesian labor laws, particularly Law No. 11 of 2020 (Job Creation Law) and Government Regulation No. 35/2021. It outlines the business reasons for the position elimination, specifies the effective date of termination, details the statutory entitlements including severance pay and service pay calculations, and provides information about final settlements. The letter serves as an official record of the termination and helps ensure compliance with Indonesian legal requirements for employment termination.

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What is a Position Elimination Letter?

A Position Elimination Letter is a crucial document used when an organization needs to terminate employment relationships due to organizational restructuring, business downsizing, or operational changes. This document, governed by Indonesian labor laws including the Job Creation Law (Omnibus Law) and its implementing regulations, serves as the formal notification of employment termination due to position elimination. It is essential for ensuring legal compliance in Indonesia, where employment termination must follow specific procedures and include mandatory components such as severance calculations and notice periods. The letter should be prepared with careful consideration of both legal requirements and professional courtesy, typically requiring input from Human Resources, Legal, and senior management. It forms part of the official termination documentation and may be required in case of any future dispute resolution proceedings.

What sections should be included in a Position Elimination Letter?

1. Letter Header and Date: Company letterhead, date, and reference number

2. Employee Details: Full name, employee ID, position, and department of the affected employee

3. Subject Line: Clear indication that this is a Position Elimination Notice

4. Business Context: Brief explanation of the business circumstances leading to the position elimination (restructuring, economic conditions, etc.)

5. Formal Notice: Clear statement of the position elimination and resulting termination of employment

6. Effective Date: Specification of the last day of employment

7. Statutory Entitlements: Details of severance pay, service pay, and other mandatory payments as per Indonesian labor laws

8. Return of Company Property: Instructions regarding the return of company assets and documents

9. Final Settlement: Information about the final salary payment and timing

10. Closing: Expression of gratitude and professional closing

What sections are optional to include in a Position Elimination Letter?

1. Transition Period: Include when there is a handover period or if the employee will assist in transition activities

2. Outplacement Support: Details of any career transition assistance or job search support being offered

3. Reference Letter Offer: Mention of providing a reference letter if the company policy allows

4. Non-Compete Reminder: Include if the employee has existing non-compete obligations that survive termination

5. Medical Benefits Extension: Include if the company is offering extended medical coverage beyond termination

6. Release Agreement Reference: Include if a separate release agreement will be provided for signing

What schedules should be included in a Position Elimination Letter?

1. Calculation of Termination Benefits: Detailed breakdown of severance pay, service pay, and other entitlements as per Indonesian labor laws

2. Company Property Checklist: List of company assets to be returned

3. Employee Clearance Form: Document listing all departments that need to clear the employee

4. Benefits Summary: Summary of any continuing or terminating benefits

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

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Education

Construction

Mining

Agriculture

Telecommunications

Professional Services

Energy

Transportation

Hospitality

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Industrial Relations

Employee Relations

Risk Management

Corporate Secretariat

Senior Management

Finance

Payroll

Relevant Roles

Human Resources Manager

Legal Counsel

HR Director

Compliance Officer

Industrial Relations Manager

HR Business Partner

Employment Law Specialist

HR Operations Manager

Chief Human Resources Officer

Employee Relations Manager

HR Administrator

Legal Manager

Company Secretary

Risk Management Officer

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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