New Information :

Invalid Reasons for Termination of Employment

Illness
State Defense
Worship
Marriage
Pregnancy
Family
Union Activities
Grievance
Differences
Illness
Based on Law Number 6 of 2023 Article 153 point (a), employers are prohibited from terminating workers/labourers for the reason that they are unable to come to work due to illness according to a medical certificate for a period of no longer than 12 (twelve) months continuously.
State Defense
Based on Law Number 6 of 2023 Article 153 point (b), employers are prohibited from terminating workers/labourers for the reason that they are unable to perform their work due to obligations towards the state in accordance with provisions of laws and regulations.
Worship
Based on Law Number 6 of 2023 Article 153 point (c), employers are prohibited from terminating workers/labourers for the reason of performing worship ordered by their religions.
Marriage
Based on Law Number 6 of 2023 Article 153 point (d), employers are prohibited from terminating workers/labourers for the reason of getting married.
Pregnancy
Based on Law Number 6 of 2023 Article 153 point (e), employers are prohibited from terminating workers/labourers for the reason of pregnancy, childbirth, miscarriage, or breastfeeding their babies.
Family
Based on Law Number 6 of 2023 Article 153 point (f), employers are prohibited from terminating employment relationships with workers/labourers for the reason that they have blood ties and/or marriage ties with other workers/labourers in the same company.
Union Activities
Based on Law Number 6 of 2023 Article 153 point (g), employers are prohibited from terminating employment relationships with workers/labourers for the reason of establishing, becoming members, and/or administrators of trade unions/labour unions or workers/labourers implementing trade union/labour union activities outside working hours or within working hours with the agreement of the employer or based on the provisions stipulated in the Employment Agreement, Company Regulations, or Collective Bargaining Agreement.
Grievance
Based on Law Number 6 of 2023 Article 153 point (h), employers are prohibited from terminating employment relationships with workers/labourers for the reason that they file a grievance about the employers to the authorities regarding the employers’ actions in committing a crime.
Differences
Based on Law Number 6 of 2023 Article 153 point (i), employers are prohibited from terminating employment relationships with workers/labourers for the reason of differences in ideology, religion, political opinion, ethnicity, color, class, gender, physical condition, or marriage status.
Disability
Based on Law Number 6 of 2023 Article 153 point (j), employers are prohibited from terminating employment relationships with workers/labourers for the reason of permanent disability, illness as a result of an occupational accident, or illness due to the employment relationship which according to a medical certificate the cure period cannot be ascertained.

Valid Reasons for Termination of Employment

Violation
Crime
3rd Reprimand
Absenteeism
Resign
Request for Termination of Employment Relations
Retirement
Death
Kerugian
Violation
Termination of Employment Relationship may be made on the reason that the Workers/Labourers have committed an urgent violation as regulated in the Employment Agreement.
Crime
Termination of Employment Relationships (PHK) may be made for the following reasons:
  • Workers/Labourers fail to perform work for 6 months due to being detained by the authorities because they are suspected of committing a criminal act that causes losses to the company.
  • Workers/Labourers fail to perform work for 6 months due to being detained by the authorities because they are suspected of committing a criminal act that does not cause losses to the company.
  • The court makes a decision on a criminal case before the expiration of the 6 (six) month period and the Workers/Labourers are found guilty of the criminal act that causes losses to the company (article 54(1)).
3rd Reprimand
Termination of Employment Relationships may be made for the reason of violation of the provisions stipulated in the EA/CR/CBA & having been given the first, second, and third reprimands respectively.
Absenteeism
Termination of employment may be made for the reason of being absent for 5 or more consecutive days.
Resign
Termination of employment may be made for the reason of resignation.
Request for Termination of Employment Relations
Termination of employment may be made for the reason of a request for Termination of Employment Relations submitted by the Workers/Labourers.
Disability
Termination of employment may be made for the reason that the workers/labourers have prolonged illness or disability due to occupational accidents & are unable to perform their work after exceeding the 12-month limit.
Retirement
Termination of employment may be made for the reason of retirement.
Death
Termination of employment may be made for the reason of death.
Penggabungan, peleburan, pengambilalihan, atau pemisahan
Perusahaan melakukan penggabungan, peleburan, pengambilalihan, atau pemisahan Perusahaan dan Pekerja/Buruh tidak bersedia melanjutkan Hubungan Kerja atau Pengusaha tidak bersedia menerima Pekerja/Buruh;
Efisiensi
Perusahaan melakukan efisiensi diikuti dengan penutupan Perusahaan atau tidak diikuti dengan penutupan Perusahaan yang disebabkan Perusahaan mengalami kerugian
Kerugian
Kerugian
Force majeure
Perusahaan tutup yang disebabkan keadaan memaksa (force majeure)
Utang
Perusahaan dalam keadaan penundaan kewajiban pembayaran utang
Pailit
Perusahaan pailit
Putusan Lembagai PPHI
Adanya putusan lembaga penyelesaian perselisihan hubungan industrial yang menyatakan Pengusaha tidak melakukan perbuatan sebagaimana dimaksud pada huruf g terhadap permohonan yang diajukan oleh Pekerja/Buruh dan Pengusaha memutuskan untuk melakukan Pemutusan Hubungan Kerja;
Perusahaan Tutup
Perusahaan Tutup
Pengambilalihan Perusahaan
Pengambilalihan Perusahaan

Rights Resulting from Termination of Employment

Workers' rights resulting from layoffs include:

1. Severance Pay

2. Long Service Pay

3. Compensation for Rights

  • Cuti tahunan yang belum diambil dan belum gugur;
  • Biaya atau ongkos pulang untuk Pekerja/Buruh dan keluarganya ke tempat dimana Pekerja/Buruh diterima bekerja; dan
  • Hal-hal lain yang ditetapkan dalam Perjanjian Kerja, Peraturan Perusahaan, atau Perjanjian Kerja Bersama.

4. Separation Pay

Besarannya diatur dalam Perjanjian Kerja, Peraturan Perusahaan, atau Perjanjian Kerja Bersama.

Calculation Simulation

Rights Due to Termination (PKWTT)