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Employment Contract

What a startup employment agreement should cover.

Also known as: employment contract, offer letter, employment agreement

An employment contract sets compensation, role, confidentiality, IP ownership, non-compete boundaries (where enforceable), termination terms and working arrangement. For startups it does double duty: protecting the company (IP, confidentiality, non-solicitation) and selling the candidate (clarity signals seriousness to people leaving safe jobs).

must cover:  role + compensation (gross AND net) · IP assignment · confidentiality
             termination + notice · equity terms if any · governing law

Use local templates reviewed by local counsel — employment law varies enormously (Indonesia’s PKWT/PKWTT fixed-term vs permanent distinction, probation rules, severance). A US template applied in Jakarta (or vice versa) misstates rights both sides rely on.

The classic mistakes:

  • Verbal offers with details “to follow”. Salary misunderstandings (gross vs net!), role ambiguity and start-date drift all breed before day one. Written offer before resignation from their old job — always.
  • Missing IP/confidentiality clauses. The default hire without assignment leaves inventions ambiguous. Every contract assigns IP and binds confidentiality (IP assignment).
  • Overreaching restrictions. Absurd non-competes and perpetual non-solicits repel good hires and often fail legally. Restrict narrowly what genuinely needs protecting.
  • Probation without process. Probation periods need evaluation criteria and check-ins to be useful (and in some jurisdictions, to be lawful). Define success for the first 90 days in the contract’s shadow, reviewed monthly.
  • Equity promises in prose. “You’ll get options later” without plan, strike mechanics or timeline is a future dispute. Paper equity with the grant or do not mention it.

Template once, review per hire: standard contract reviewed by counsel, individualized annexes per role. See contractors for the non-employee version and PKWT/PKWTT for Indonesia’s contract types.