The Workers Comp Waiver is utilized in Indonesia when standard workers' compensation arrangements through BPJS Ketenagakerjaan need to be modified or supplemented with alternative coverage. This typically occurs in international employment situations, specialized employment arrangements, or when additional or alternative insurance coverage is being provided. The document must carefully balance compliance with Indonesian labor laws (particularly Law No. 13 of 2003 and social security regulations) while accommodating specific employment circumstances. The waiver includes detailed information about alternative compensation arrangements, acknowledgments of understanding, and specific protections for both parties. It's essential for situations involving expatriate employees, specialized employment contracts, or cases where enhanced benefits are being provided in lieu of standard coverage.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant identification numbers
2. Background: Context of the employment relationship and circumstances leading to this waiver
3. Definitions: Key terms used in the document, including specific references to Indonesian labor law terms and concepts
4. Scope of Waiver: Detailed description of which workers' compensation rights are being waived, with specific reference to relevant Indonesian regulations
5. Alternative Arrangements: Description of alternative compensation or insurance arrangements being provided in lieu of standard workers' compensation
6. Employee Acknowledgments: Employee's confirmation of understanding the waiver's implications and voluntary acceptance
7. Employer Obligations: Continuing obligations of the employer regarding workplace safety and other non-waived responsibilities
8. Legal Compliance: Confirmation that the waiver complies with Indonesian law and specific references to relevant regulations
9. Execution: Formal signing requirements and execution details
1. Term and Termination: Optional section specifying the duration of the waiver and conditions for termination, used when the waiver is time-limited
2. Alternative Dispute Resolution: Optional provisions for handling disputes through mediation or arbitration, used when parties want to avoid court proceedings
3. Specific Risk Acknowledgments: Detailed acknowledgments of specific workplace risks, used in high-risk industries or positions
4. Translation Clause: Required when the document is provided in multiple languages, specifying which version prevails
5. Union Acknowledgment: Required when the employee is a union member, addressing any collective bargaining implications
1. Schedule A - Waived Benefits: Detailed list of specific workers' compensation benefits being waived
2. Schedule B - Alternative Insurance Coverage: Details of alternative insurance or compensation arrangements provided
3. Schedule C - Risk Assessment: Workplace risk assessment and safety measures relevant to the waiver
4. Appendix 1 - Employee Rights Summary: Summary of employee's remaining rights and benefits under Indonesian law
5. Appendix 2 - Emergency Procedures: Procedures for handling workplace accidents or injuries under the waiver arrangement
Relevant legal definitions
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Relevant Industries
Manufacturing
Construction
Mining
Oil and Gas
Maritime
Agriculture
Technology
Professional Services
International Trade
Transportation and Logistics
Healthcare
Education
Hospitality
Relevant Teams
Human Resources
Legal
Compliance
Risk Management
Occupational Health and Safety
Global Mobility
Employee Relations
Benefits Administration
International Operations
Corporate Services
Relevant Roles
Human Resources Director
Legal Counsel
Compliance Officer
Risk Manager
Occupational Health and Safety Manager
HR Business Partner
Employment Relations Manager
Benefits Administrator
International HR Specialist
Compensation and Benefits Manager
HR Operations Manager
Global Mobility Manager
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