Termination of Employment (Jakarta)

Indonesian Law Regulation No. 13 of Protected content
Concerning Manpower
Termination of Employment
Article Protected content
1. The entrepreneur is prohibited from terminating the employment of a worker/ labourer because of the following reasons:
a. The worker/ labourer is absent from work because he or she is taken ill as attested by a written statement from the physician who treats him or her provided that he or she is not absent from work for a period of longer than Protected content months consecutively;
b. The worker/ labourer is absent from work because he or she is fulfilling his or her obligations to the State in accordance with what is prescribed in the valid statutory legislation [concerning this];
c. The worker/ labourer is absent from work because he or she is practicing what is required by his or her religion.
d. The worker/ labourer is absent from work because he or she is getting married.
e. The worker/ labourer is absent from work because she is pregnant, giving birth to a baby, having a miscarriage, or breast-feeding her baby.
f. The worker/ labourer is related by blood [birth] and or through marriage to another worker in the enterprise unless so required in the collective work agreement or the enterprise’s rules and regulations.
g. The worker/ labourer establishes, becomes a member of and or an administrator/ official of a trade/ labour union; the worker/ labourer carries out trade/ labour union activities outside working hours, or during working hours with permission by the entrepreneur, or according to that which has been stipulated in the individual work agreement, or the enterprise’s rules and regulations, or the collective work agreement.
h. The worker/ labourer reports to the authorities the crime committed by the entrepreneur.
i. Because the worker/ labourer is of different understanding/ belief, religion, political orientation, ethnicity, color, race, sex, physical condition or marital status.
j. Because the worker/ labourer is permanently disabled, ill as a result of a work accident, or ill because of an occupational disease [literal translation: employment relationship] whose period of 40 recovery cannot be ascertained as attested by the written statement made by the physician who treats him or her.

2. Any termination of employment that takes place for reasons referred to under subsection Protected content be declared null and void by law. The entrepreneur shall then be obliged to reemploy the affected worker/ labourer.

xheers,
rick