PERMANENT EMPLOYEE AGREEMENT
Today, xx date 2013 in Jakarta, hereby undersigned below:
1. xx (Director/ HR Manager), Director, acting and on behalf PT. xx, address in, a company registered according to the laws of Republic of Indonesia and having its registered office at xx, with Act of Deeds Number xx, made in front of Notary xx, dated, and legalized in Law Ministry based on the letter number xx and has several change of share pledge.
and herein after (herein after, will be referred to as “the Company”).
2. xx (Name of Employee), ID Card Number: , addressed in, herein after, will be referred to as “the Employee”
The Company and the Employee both will be referred as the PARTIES. THE PARTIES will be explains subject as follows:
1. The COMPANY is limited company which scope of business activity is xx;
2. To conduct the scope of business activity, the COMPANY needs human resources who has expertise in xx to work for the COMPANY;
3. The EMPLOYEE has expertise in xx;
4. The COMPANY to conduct the business activity intends to recruit the EMPLOYEE based on Permanent Employee Agreement which is arrange in this agreement, and the EMPLOYEE is agree to work based on Permanent Employee Agreement for the COMPANY.
In this agreement, there are some subjects as follows:
- “Employee Agreement” means Employee Agreement for indefinite time.
- “Company Regulation” means Company Regulations of PT. xx
- “Company Decision” means company which is made by the COMPANY written in the implementation of the Employment Agreement and Company Regulation
- “Probation” means work period probation of the EMPLOYEE for the first 3 (three) months since the date of this agreement signed;
PERMANENT EMPLOYMENT AGREEMENT
The COMPANY agrees to recruit EMPLOYEE and the EMPLOYEE agrees to work for the COMPANY based on this Permanent Employee Agreement (therefore entitled “Work Agreement”).
COMPANY’S RIGHT AND OBLIGATION
(1) COMPANY’S Right
a. COMPANY has a right to receive result of employee’s implementation with scope of work that is arranged in Article 7 of this agreement.
b. COMPANY has a right to make a Company Regulation in order performing work standard and this employment agreement;
c. COMPANY has a right to make placement, transfer and evaluating of the EMPLOYEE with the terms in the agreement;
d. COMPANY has a right to give oral, written warning and penalty to the EMPLOYEE with the terms in the agreement;
e. COMPANY has a right to conduct employment termination with the terms in the agreement;
(2) COMPANY’s Obligation
a. COMPANY obligates to give compensation to EMPLOYEE with the terms that is arrange in article 9 of this employment agreement.
b. COMPANY obligates to register their employee in JAMSOSTEK (Jaminan Sosial Tenaga Kerja) Program with the terms that is arrange in the Company Regulation;
c. COMPANY obligates to give Medical Allowance, Death Allowance and Feast Day Allowance with the terms that is arrange in the Company Regulation;
d. COMPANY obligates to give Retirement Allowance and Work Period Reward to EMPLOYEE with the terms that is arranged in Government Regulations
EMPLOYEE RIGHT AND OBLIGATION
(1) EMPLOYEE’s Right
a. EMPLOYEE has a right to accept remuneration from the COMPANY as in the terms that is arranged in Article 9 of this Employment Agreement;
b. EMPLOYEE has right to have lunch break, day off, leave, get permission to leave office from the COMPANY as in terms that is arranged in this Employement Agreement;
c. EMPLOYEE has a right to get Wealth Facility as follows: Jaminan Sosial Tenaga Kerja, Medical Allowance, Mortality Allowance, Feast Day Allowance from the COMPANY that is arranged in the Company Regulation;
d. EMPLOYEE has a right to have resignation from the COMPANY that is arranged on the Company Regulations;
e. EMPLOYEE has a right to get Retired Allowance and Work Reward from the COMPANY that is arranged in the Company Regulations.
(2) EMPLOYEE’s obligation
a. EMPLOYEE obligates to conduct scope of work that is arranged in the Article 7 of this Employment Agreement;
b. EMPLOYEE obligates to follow Obligation and Prohibition that are applied for EMPLOYEE that is arranged on the Company Regulation;
c. EMPLOYEE obligates to conduct working hours as arranged in the Company Regulations.
(1) EMPLOYEE should implement Probation for 3 (three) months periods since the signed of the Agreement;
(2) COMPANY has a right to do evaluation to EMPLOYEE in the end of the three months since the signing of the Employment Agreement as follows:
· If EMPLOYEE pass probation evaluation then EMPLOYEE will be appointed PERMANENT EMPLOYEE based on Letter of Appointment as PERMANENT EMPLOYEE;
· If EMPLOYEE does not pass probation evaluation then EMPLOYEE will be terminated by the COMPANY.
(1) Job Description of the Employee include the tasks as follows:
a. Title :
b. Dept :
c. Main Tasks :
d. Job Desc :
(2) Beside those job description in the scope of work as mentioned in clause (1), EMPLOYEE is agree to conduct additional work outside job description as mentioned in clause (1) which is assigned by COMPANY for scope of work as mentioned in clause (1) that is adjusted with EMPLOYEE ability.
(3) The additional works as mentioned in clause 2 is conducted with overtime fee for EMPLOYEE with certain of grade that is arranged by Government Regulation. Overtime is not applied for grade above staff.
TIME OF WORK
(1) Time of work of the job description implementation that is mentioned in Article 7 of the Employment Agreement are Work Schedule, Lunch Break and Day Off which detail as follows:
a. Work schedule is from Monday to Friday, from 08.30 (Eight Thirty in the morning) to 17.30 (Five Thirty in the afternoon) everyday, Lunch break is from 12.00 (twelve) to 13.00 (thirteen).
b. Day off is Saturday and Sunday and others that is decided from Government and or COMPANY;
(2) EMPLOYEE has a right to get leaves with terms as follow:
a. If EMPLOYEE has working for 12 (twelve) months then EMPLOYEE has a right to have leave for 12 (twelve) days for a year;
b. If Employee has been working less than 12 (twelve) months then The Leave will be calculated pro-rated based on time of employee working divided 12 (twelve) months times 12 (twelve) days.
(3) EMPLOYEE has a right to get permission leave working hours based on Company Regulations.
(1) EMPLOYEE has a right to get remuneration with terms as follows:
(a) Basic Salary amount RP xx
(b) Transport, meals and business trip allowance which number is arranged by Company Regulation;
(2) The number of basic salary, transport, meals and business trip allowance as mentioned in clause (1) above can be modified at any time based on Company Regulation and Decision.
(1) EMPLOYEE has a right to get wealth facility from the COMPANY;
(2) Wealth Facility as mentioned in clause (1) include as following:
a. Jaminan Sosial Tenaga Kerja (Jamsostek) Program (Social Facility);
b. Health insurance which is arranged by Company Regulation;
c. Mortality allowance which is arranged by Company Regulation;
d. Feast Day allowance which is arrange by Company Regulation;
(1) COMPANY and EMPLOYEE agree to attempt employment termination therefore the issue is cannot be avoided then employment termination can be discussed between COMPANY and EMPLOYEE;
(2) In the discussion as mentioned in the clause 1 which is not get the result, COMPANY has a right to conduct employment agreement and EMPLOYEE has a right to conduct resignation.
(1) All disagreement that connects with work relationship between COMPANY and EMPLOYEE should be solved by COMPANY and EMPLOYEE with deliberation discussion.
(2) In solving with deliberation discussion that is mentioned in clause (1) and it is not working out then the problem can be solved by government regulation procedure.
WARNING AND PENALTY
(1) COMPANY has a right to give warning and penalty to EMPLOYEE who conducts violation of obligation and prohibition of EMPLOYEE that is arranged in company regulation and valid government regulation which as follows:
b. Work Termination
(2) Giving penalty to EMPLOYEE as mentioned in clause (1) above is conducted by COMPANY that is arranged in company regulations.
END OF AGREEMENT
This agreement valid since the date of signing and will be ended if there is work termination.
COMPANY and EMPLOYEE in conducting this agreement is binded by Employment Agreement and Government Legislation.
This Employment Agreement is prepared in two copies and considered legal with each copy for each party and 2 stamped.