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Assignment Of Employment Agreement for Indonesia

Assignment Of Employment Agreement Template for Indonesia

This document facilitates the legal transfer of an employment agreement from one employer to another in Indonesia, ensuring compliance with Law No. 13/2003 on Manpower and related regulations. It establishes the terms and conditions for transferring employment relationships while maintaining employee rights, benefits, and continuous service recognition. The agreement addresses key aspects such as the transfer of obligations, maintenance of employment terms, employee consent, and necessary regulatory compliance requirements under Indonesian law, providing legal certainty for all parties involved in the employment transfer process.

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Assignment Of Employment Agreement

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What is a Assignment Of Employment Agreement?

The Assignment Of Employment Agreement is a crucial document used in Indonesia when transferring employment relationships between employers, typically during corporate restructuring, business transfers, or mergers and acquisitions. This document ensures compliance with Indonesian labor laws, particularly Law No. 13/2003 on Manpower and the Omnibus Law (Law No. 11/2020), while protecting both employer and employee interests. It outlines the transfer of rights and obligations, maintains employment continuity, and addresses critical aspects such as benefit continuation, service recognition, and regulatory compliance. The agreement is essential for businesses operating in Indonesia to properly document employment transfers and maintain legal compliance with local labor regulations.

What sections should be included in a Assignment Of Employment Agreement?

1. Parties: Identifies the current employer (Assignor), the new employer (Assignee), and the Employee

2. Background: Explains the context and reason for the assignment of the employment agreement

3. Definitions: Defines key terms used throughout the agreement

4. Assignment and Acceptance: Details the transfer of rights and obligations from current employer to new employer

5. Effective Date: Specifies when the assignment takes effect

6. Continuation of Employment Terms: Confirms that all existing employment terms and conditions will be maintained

7. Employee Acknowledgment: Employee's consent to the assignment and confirmation of continued service

8. Rights and Obligations: Outlines the respective rights and obligations of all parties post-assignment

9. Service Recognition: Confirms that the employee's length of service will be recognized by the new employer

10. Governing Law: Specifies Indonesian law as the governing law

11. Dispute Resolution: Describes the process for resolving any disputes related to the assignment

12. Execution: Signature blocks and execution requirements for all parties

What sections are optional to include in a Assignment Of Employment Agreement?

1. Transition Period: Used when there needs to be a transitional period between employers

2. Benefits Transfer: Required when specific benefit plans need special handling or transfer arrangements

3. Intellectual Property Rights: Needed when the employment involves significant IP rights that need to be transferred

4. Non-Competition and Confidentiality: Include when existing non-compete or confidentiality obligations need to be specifically addressed

5. Outstanding Claims: Used when there are pending employee claims or entitlements that need to be addressed

6. Group Company Provisions: Required when the assignment involves transfers between group companies with specific arrangements

7. Work Permits and Visas: Necessary for foreign employees requiring visa or work permit transfers

What schedules should be included in a Assignment Of Employment Agreement?

1. Schedule 1 - Original Employment Agreement: Copy of the existing employment agreement being assigned

2. Schedule 2 - Employee Benefits Summary: Detailed list of current benefits and their continuation terms

3. Schedule 3 - Outstanding Entitlements: List of any accrued but unused leave, bonuses, or other entitlements

4. Schedule 4 - Transfer Timeline: Detailed timeline of the transfer process and key dates

5. Appendix A - Required Regulatory Notifications: Copies of any required notifications to Indonesian labor authorities

6. Appendix B - Employee Personal Data Transfer Consent: Specific consent form for transfer of employee personal data

7. Appendix C - Company Policies Acknowledgment: New employer's key policies that the employee needs to acknowledge

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

Employment Contract

Cost

Free to use
Relevant legal definitions





































Clauses






























Relevant Industries

Manufacturing

Technology

Financial Services

Mining and Resources

Retail

Construction

Healthcare

Education

Professional Services

Telecommunications

Agriculture

Transportation and Logistics

Energy

Hospitality

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Corporate Secretariat

Employee Relations

Industrial Relations

Talent Management

Benefits Administration

HR Operations

Risk Management

Relevant Roles

Human Resources Director

Legal Counsel

HR Manager

Compliance Officer

Employee Relations Manager

Corporate Secretary

Chief Human Resources Officer

Legal Manager

HR Business Partner

Industrial Relations Manager

Talent Acquisition Manager

Benefits Manager

HR Operations Manager

Chief Legal Officer

Employment Law Specialist

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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