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Recommendation For Termination Of Employee for Indonesia

Recommendation For Termination Of Employee Template for Indonesia

A formal document prepared under Indonesian labor law that presents a structured recommendation for the termination of an employee's employment. This document serves as an essential component in the employment termination process, complying with Law No. 13 of 2003 on Manpower (as amended by Law No. 11 of 2020) and related regulations. It includes detailed justification for the proposed termination, documentation of previous actions taken, and ensures adherence to legal requirements for employment termination in Indonesia. The document provides a comprehensive basis for decision-makers to evaluate the termination request while maintaining legal compliance and protecting the company's interests.

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What is a Recommendation For Termination Of Employee?

The Recommendation For Termination Of Employee document is a crucial tool in Indonesian employment relations, used when a supervisor or manager needs to formally recommend the termination of an employee's employment contract. This document is particularly important in Indonesia's strict labor law environment, where terminations must be properly justified and documented to comply with Law No. 13 of 2003 on Manpower and its amendments. It serves as the initial formal step in the termination process, presenting the grounds for termination, supporting evidence, and previous attempts at performance improvement or discipline. The document should be prepared when there are clear, documentable reasons for termination that align with legal provisions, such as serious misconduct, repeated violations of company policies, or persistent poor performance despite improvement efforts. It forms part of the official record and may be crucial in potential industrial relations disputes.

What sections should be included in a Recommendation For Termination Of Employee?

1. Letter Header: Company letterhead, date, reference number, and document classification (Confidential)

2. Addressee Details: Name and title of the receiving authority (usually HR Director or Board of Directors)

3. Subject Line: Clear indication that this is a termination recommendation

4. Employee Information: Employee's full name, ID number, position, department, and length of service

5. Grounds for Termination: Clear statement of the primary reason(s) for recommending termination, aligned with Indonesian labor law provisions

6. Facts and Evidence: Detailed chronological account of incidents, performance issues, or violations that support the termination recommendation

7. Previous Actions Taken: Summary of prior disciplinary actions, warnings, or improvement efforts

8. Legal Basis: Reference to relevant provisions of Indonesian labor law that support the termination

9. Recommendation: Specific recommendation for termination and proposed timeline

10. Closing: Signature block with name and title of the recommending manager/supervisor

What sections are optional to include in a Recommendation For Termination Of Employee?

1. Financial Implications: Include when there's a need to outline severance package calculations and other financial considerations

2. Risk Assessment: Include when there are potential legal or operational risks associated with the termination

3. Alternative Solutions Considered: Include when other options were evaluated before recommending termination

4. Impact Analysis: Include when termination might significantly affect team operations or ongoing projects

5. Union Considerations: Include when the employee is a union member or when union consultation is required

What schedules should be included in a Recommendation For Termination Of Employee?

1. Performance Review Records: Copies of relevant performance evaluations and assessments

2. Warning Letters: Copies of previous warning letters or disciplinary actions

3. Improvement Plan Documentation: Records of performance improvement plans and outcomes

4. Incident Reports: Documentation of specific incidents or violations

5. Witness Statements: Statements from relevant witnesses or affected parties

6. Employment Contract: Copy of the employee's current employment contract

7. Attendance Records: If relevant to the termination grounds

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

Hospitality

Professional Services

Telecommunications

Agriculture

Transportation

Energy

Public Sector

Relevant Teams

Human Resources

Legal

Operations

Senior Management

Employee Relations

Compliance

Industrial Relations

Management Committee

Ethics Committee

Department Leadership

Relevant Roles

HR Manager

Department Manager

Line Supervisor

HR Director

General Manager

Operations Manager

Regional Manager

Branch Manager

HR Business Partner

Legal Counsel

Department Head

Chief Human Resources Officer

Employee Relations Manager

Senior Manager

Project Manager

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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