The Letter of Non-Solicitation serves as a crucial business protection tool in the Indonesian legal context, typically used when employees depart, business relationships conclude, or during collaborative ventures. This document, governed by Indonesian law including Law No. 13 of 2003 on Manpower and Law No. 5 of 1999 on Competition, outlines specific restrictions on soliciting employees, clients, or business opportunities. It includes details about prohibited activities, temporal and geographical scope, and enforcement mechanisms. The letter must balance protecting legitimate business interests with maintaining fair competition and individual rights to work, ensuring compliance with Indonesian employment regulations and constitutional principles regarding the right to earn a living.
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1. Letterhead and Date: Company letterhead with complete contact information and date of issuance
2. Recipient Details: Full name and address of the recipient
3. Subject Line: Clear indication that this is a Non-Solicitation Letter
4. Opening Statement: Formal greeting and context of the business relationship
5. Purpose Statement: Clear statement of the letter's purpose and context of the non-solicitation obligation
6. Non-Solicitation Terms: Specific details of what activities are prohibited, including employee and client solicitation
7. Duration: Specific timeframe for which the non-solicitation obligations will remain in effect
8. Geographic Scope: Clear definition of the geographical area where the restrictions apply
9. Acknowledgment: Statement requiring acknowledgment of understanding and agreement to the terms
10. Closing: Formal closing, signature blocks for both parties
1. Consideration: Include when specific consideration is being provided in exchange for the non-solicitation commitment
2. Confidentiality Reference: Include when the non-solicitation obligations are linked to confidentiality requirements
3. Remedies: Include when specific remedies for breach need to be outlined
4. Exceptions: Include when certain activities or circumstances are exempt from the non-solicitation obligations
5. Survival Clause: Include when the obligations need to survive beyond a primary agreement's termination
1. Schedule A - Protected Clients: List of specific clients covered by the non-solicitation obligations
2. Schedule B - Protected Employees: List of employee categories or departments covered by the non-solicitation
3. Schedule C - Specific Activities: Detailed description of prohibited solicitation activities
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