The labor law of Indonesia is regulated by Law No. 13 of 2003 on Manpower, also known as the Labor Law. The law outlines the rights and obligations of both employers and employees in Indonesia, and provides a framework for employment relationships and dispute resolution. The labor law of Indonesia has been subject to several amendments since its enactment in 2003. Some of the key amendments include:
Law No. 11 of 2020 on Job Creation: This law was enacted in 2020 and introduced significant changes to the labor law framework in Indonesia. The law aims to simplify and streamline business regulations, including labor regulations, to promote investment and job creation. Some of the key changes introduced by this law include the simplification of the employment contract system, changes to the minimum wage determination process, and the introduction of new forms of employment such as digital employment and remote work.
Under the Labor Law, employers are required to provide employees with a written employment contract that includes information on the employee’s job description, salary, benefits, and other terms and conditions of employment. Employers are also required to provide a safe and healthy work environment, and to comply with minimum wage and working hour regulations.
Employees in Indonesia have the right to join or form a labor union, engage in collective bargaining, and go on strike, subject to certain restrictions and conditions. They are also entitled to benefits such as annual leave, sick leave, and maternity leave.
Termination of employment
The Labor Law also provides provisions for termination of employment, which must be carried out in accordance with the law and the terms of the employment contract. Severance pay may be required to be paid to employees in certain circumstances.
Employers who violate the Labor Law may be subject to fines, penalties, and legal action, including court proceedings and other dispute resolution mechanisms. It is important for both employers and employees to understand their rights and obligations under the Labor Law of Indonesia, and to seek legal advice or support if necessary.
PHK stands for “Pemutusan Hubungan Kerja” which is the Indonesian term for termination of employment. It is a process where an employer ends the employment of an employee, either for economic reasons or due to poor performance, misconduct, or other reasons.
In Indonesia, the process of terminating an employee must comply with the Labor Law and Manpower Regulation, which set out specific procedures and requirements. Employers must provide a written notice of termination to the employee, with a clear reason for the termination and a notice period that is determined based on the length of service of the employee. Severance pay and other compensation may also be required to be paid to the employee.
Employees who feel that they have been unfairly terminated or have not received adequate compensation may seek legal recourse through the Indonesian labor courts or other dispute resolution mechanisms.
In Indonesia, the amount of severance pay an employee is entitled to receive upon termination is determined by the length of their service and the reason for the termination.
Read : Amount of Severance pay
It is important to note that these severance pay amounts are the minimum amounts required by law, and employers may choose to offer more generous severance packages as part of their employment contracts or as a gesture of goodwill.
In addition to severance pay, employers in Indonesia may also be required to provide other forms of compensation and benefits to terminated employees, such as payment for untaken annual leave and other entitlements. It is important for both employers and employees to understand their rights and obligations related to termination of employment in Indonesia.