PERMANENT EMPLOYEE AGREEMENT
Number:
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.
ARTICLE 1
DEFINITION
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;
ARTICLE 2
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”).
ARTICLE 3
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
ARTICLE 4
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.
ARTICLE 5
PROBATION
(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.
ARTICLE 6
JOB DESCRIPTION
(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.
ARTICLE 7
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.
ARTICLE 8
REMUNERATION
(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.
ARTICLE 9
WEALTH FACILITY
(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;
ARTICLE 10
EMPLOYMENT TERMINATION
(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.
ARTICLE 11
WORK RELATIONSHIP
DISCUSSING AGREEMENT
(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.
ARTICLE 12
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:
a. Suspension
b. Work Termination
(2) Giving penalty to EMPLOYEE as
mentioned in clause (1) above is conducted by COMPANY that is arranged in
company regulations.
ARTICLE 13
END OF AGREEMENT
This agreement valid since the date
of signing and will be ended if there is work termination.
ARTICLE 14
CLOSING TERM
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.
Comments