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Termination Without Cause Contract for Indonesia

Termination Without Cause Contract Template for Indonesia

This document is a comprehensive termination agreement template designed for use in Indonesia, complying with Indonesian Labor Law (Law No. 13 of 2003) and the Job Creation Law (Omnibus Law). It outlines the terms and conditions for terminating an employment relationship without cause, including mandatory notice periods, severance calculations, and final settlement terms. The agreement ensures compliance with Indonesian legal requirements regarding termination procedures, mandatory compensation, and employee rights, while providing clear documentation of the termination process and mutual obligations of both employer and employee.

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What is a Termination Without Cause Contract?

This Termination Without Cause Contract is essential for employers operating in Indonesia who need to end employment relationships for reasons not related to employee performance or misconduct. It is specifically designed to comply with Indonesian labor regulations, particularly Law No. 13 of 2003 on Manpower and the Job Creation Law (Omnibus Law). The document is typically used during company restructuring, business model changes, or strategic realignment where positions become redundant. It includes mandatory provisions for notice periods, severance calculations according to Indonesian labor law formulas, and comprehensive details about final settlements. The agreement protects both employer and employee interests by clearly documenting the termination terms, ensuring legal compliance, and minimizing the risk of future disputes.

What sections should be included in a Termination Without Cause Contract?

1. Parties: Identification of the employer and employee, including their complete legal names, addresses, and roles

2. Background: Brief context of the employment relationship, including original employment date and current position

3. Definitions: Key terms used throughout the agreement, including 'Effective Date', 'Notice Period', and 'Termination Date'

4. Notice of Termination: Formal statement of termination and notice period as per Indonesian law

5. Effective Date: Clear specification of when the termination takes effect

6. Severance Package: Details of the severance pay, reward for service years, and compensation rights as per Law No. 13 of 2003

7. Final Payments: Breakdown of final salary, unused leave, and other entitled benefits

8. Company Property: Requirements for returning company assets and documents

9. Confidentiality Obligations: Ongoing obligations regarding confidential information post-termination

10. Release and Waiver: Mutual release of claims subject to fulfillment of agreement terms

11. Governing Law: Confirmation of Indonesian law as governing law

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Termination Without Cause Contract?

1. Non-Competition: Restrictions on working for competitors, if applicable under Indonesian law and original employment agreement

2. Transition Responsibilities: Details of handover duties, used when role requires significant knowledge transfer

3. Reference Provision: Terms regarding future employment references, if agreed between parties

4. Post-Employment Benefits: Any additional benefits extending beyond termination date

5. Medical Insurance Extension: Terms for continuing medical coverage, if applicable

6. Relocation Assistance: Support for relocated employees returning to their original location

7. Stock Options/Share Rights: Treatment of any outstanding equity compensation

What schedules should be included in a Termination Without Cause Contract?

1. Schedule A - Severance Calculation: Detailed calculation of severance pay according to Indonesian labor law formulas

2. Schedule B - Final Payment Breakdown: Itemized list of all final payments including salary, leave, and other benefits

3. Schedule C - Company Property List: Comprehensive list of company assets to be returned

4. Schedule D - Handover Checklist: Detailed list of tasks and documents to be handed over before departure

5. Appendix 1 - Release Form: Standard release and waiver form as required under Indonesian law

6. Appendix 2 - Benefits Summary: Summary of post-employment benefits and their duration

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

Cost

Free to use
Relevant legal definitions
































Clauses


























Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Education

Construction

Mining

Energy

Telecommunications

Professional Services

Hospitality

Agriculture

Transportation

E-commerce

Relevant Teams

Human Resources

Legal

Finance

Operations

Administration

Compliance

Industrial Relations

Employee Relations

Talent Management

Compensation and Benefits

Relevant Roles

Chief Executive Officer

Managing Director

Human Resources Manager

Legal Counsel

Department Head

Senior Manager

Project Manager

Operations Manager

Finance Director

Regional Manager

Country Manager

General Manager

Line Manager

Supervisor

Administrative 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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