FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 59 (1) and (2) MA:
"(1) A work agreement for a specified time can only be made for a certain job, which, because of the type and nature of the job, will finish in a specified time, that is:
a. Work to be performed and completed at once or work which is temporary by nature;
b. Work whose completion is estimated time which is not too long and no longer than 3 (three) years;
c. Seasonal work; or
d. Work that is related to a new product, a new activity or an additional product that is still in the experimental stage or try-out phase.
(2) A work agreement for a specified time cannot be made for jobs that are permanent by nature."

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Remarks

Art. 59 (4) MA: one extension possible.

Maximum cumulative duration of successive FTCs: 36month(s)

Remarks

Art. 52 (4) MA: A fixed term contract can only be concluded for a period of no longer than two years and be
extended one time that is not longer than one year.

Maximum probationary (trial) period (in months): 3 month(s)

Remarks

Art. 60 MA.
However, fixed-term contracts cannot stipulate a probation period (art. 58 (1) MA).

Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal):

Prohibited grounds: marital status, pregnancy, maternity leave, temporary work injury or illness, race, colour, sex, religion, political opinion, trade union membership and activities, disability, others, whistle blowing, lawfully taking leave, fulfilling state duties, ethnic origin

Remarks

Art. 153 MA
On whistleblowing see also: Law No. 13 of 2006 concerning protection of witness and victim

Workers enjoying special protection: pregnant women and/or women on maternity leave, confirmed injured workers

See: art. 153 c), g), j) and 172 MA.

Notification to the worker to be dismissed: no specific form required

Remarks

Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

Notice period:

Remarks

Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.

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                  Pay in lieu of notice: No

                  Notification to the public administration: No

                  Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                  Notification to workers' representatives: Yes

                  Art. 151(2) requires that termination be negotiated.
                  Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                  Approval by public administration or judicial bodies: Yes

                  Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                  Approval by workers' representatives: No

                  Art. 151(2) requires that termination be negotiated.
                  Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                  Definition of collective dismissal (number of employees concerned) No definition of collective dismissals.<br/>No specific procedural requirements.

                  Remarks

                  See: Art 164 MA allows for termination "because the enterprise has to be closed down due to continual losses for 2 (two) years consecutively or force majeure", (art. 164 (1) MA) and "when the closing down of the enterprise is caused neither by continual losses for 2 (two) years consecutively nor force majeure but because of rationalization" (art. 164 (3) MA).

                  Notification to the public administration Yes

                  Remarks

                  Art. 151 (2) MA: general rule not specific to economic dismissals.
                  Art. 151(2) MA requires that termination be negotiated.
                  Negotiation will involve the worker's representative only if the employee belongs to a trade union. If not, the negotiation will take place between the worker and employer.

                  Notification to trade union (workers' representatives) No

                  Notification to workers' representatives: Yes

                  Remarks

                  Bi-partite negotiations between the employer and the employee are compulsory in the event the employee belongs to a trade union (art. 150 (2) MA). For non-unionized workers, the bipartite negotiation will take place between the worker and employer.

                  Approval by trade union (workers' representatives) No

                  Remarks

                  Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court now sentences in last resort.

                  Approval by workers' representatives No

                  Priority rules for collective dismissals (social considerations, age, job tenure) No

                  Employer's obligation to consider alternatives to dismissal (transfers, retraining...) No

                  Priority rules for re-employment Yes

                  Remarks

                  Art. 150 (1) MA stipulates that: "the employer, the worker and/or the trade union, and the government must make all efforts to prevent termination of employment".
                  According to the explanatory notes attached to the Manpower Act 2003, under the above mentioned article "the phrase make all effort under this subsection refers to positive activities or actions which may eventually prevent termination of employment from happening , including among others, arrangement of working time, saving measures, restructuring or reorganization of working methods, and efforts to develop the worker/labourer".

                  Notes / Remarks

                  Notes

                  There are no specific regulations or additional requirements for collective dismissals. Therefore, notification requirements applicable to individual dismissals remain applicable.

                  :

                  Art. 156 - Manpower Act
                  (1) Should termination of employment take place, the entrepreneur is obliged to pay the dismissed worker severance pay and or a sum of money as a reward for service rendered during his or her term of employment and compensation pay for rights or entitlements.

                  (2) The calculation of severance pay as mentioned under subsection (1) shall at least be as follows:
                  a. 1 (one)-month wages for years of employment less than 1 (one) year;
                  b. 2 (two)-month wages for years of employment up to 1 (one) year or more but less than 2 (two) years;
                  c. 3 (three)-month wages for years of employment up to 2 (two) years or more but less than 3 (three) years;
                  d. 4 (four)-month wages for years of employment up to 3 (three) years or more but less than 4 (four) years;
                  e. 5 (five)-month wages for years of employment up to 4 (four) years or more but less than 5 (five) years;
                  f. 6 (six)-month wages for years of employment up to 5 (five) years or more but less than 6 (six) years;
                  g. 7 (seven)-month wages for years of employment up to 6 (six) years or more but less than 7 (seven) years;
                  h. 8 (eight)-month wages for years of employment up to 7 (seven) years or more but less than 8 (eight) years;
                  i. 9 (nine)-month wages for years of employment up to 8 (eight) years or more.
                  (...)

                  •In the event the termination on the grounds of absence for five consecutive workdays without explanation, the worker is not entitled to any severance pay or long service pay, but he will be entitled for compensation pay and separation money in accordance with the work agreement, company regulation or collective elabour agreement(Art. 168 (3) MA)

                  •However, if a worker is terminated on the grounds of violation of the terms of employment, he will be nonetheless entitled to severance pay, long-service pay and compensation pay.

                  •Under 161 (1) MA, A worker/ labourer may make an official request to the institute for the settlement of industrial relation disputes to terminate his/her employment relationship with his/ her entrepreneur if:
                  a. The entrepreneur has battered, rudely humiliated or intimidated the worker/ labourer;
                  b. The entrepreneur has persuaded and/or ordered the worker/ labourer to commit acts that run against statutory laws and regulations; or
                  c. The entrepreneur has not paid wages at a prescribed time for three months consecutively or more;
                  d. The entrepreneur has not performed obligations promised to workers/ labourers;
                  e. The entrepreneur orders the worker/ labourer to perform work outside of that which has been agreed upon by the worker/ labourer to undertake;
                  f. The entrepreneur has ordered the worker/ labourer to carry out work that puts the worker/ labourer’s life, safety, health and or morality in jeopardy, of which the worker/ labourer is not made aware or informed at the time the worker/ labourer’s employment agreement was made.
                  (2) In the event of termination of employment because of reasons as referred to under subsection (1), the affected worker/ labourer is entitled to receive severance pay amounting to twice the amount of severance pay stipulated under subsection (2) of Article 156, reward pay amounting to 1 (one) time the amount of reward pay for period of employment worked stipulated under subsection (3) of Article 156 and compensation pay for entitlements left unused according to what is stipulated under subsection (4) of Article 156.

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                  Articles 163 - 164 and 165 MA

                  Article 163 MA
                  (1) The entrepreneur may terminate the employment of his or her workers/ labourers in the event of change in [the] status [of the enterprise], merger, fusion, or change in the ownership of the enterprise and the workers/ labourers are not willing to continue their employment. If this happens, the worker/ labourer shall be entitled to severance pay 1 (one) time the amount of severance pay stipulated under subsection (2) of Article 156, reward pay for period of employment 1 (one) time the amount stipulated under subsection (3) of Article 156, and compensation pay for entitlements that have not been used according to what is stipulated under subsection (4) of Article 156.
                  (2) The entrepreneur may terminate the employment of his or her workers/ labourers in the event of change in [the] status [of the enterprise], merger, fusion, or change in the ownership of the enterprise and the entrepreneur is not willing to accept the workers/ labourers to work in the [new] enterprise [resulting from the change of status, merger, fusion, or ownership change]. If this happens, the worker/ labourer shall be entitled to severance pay twice the amount of severance pay stipulated under subsection (2) of Article 156, reward pay for period of employment 1 (one) time the amount stipulated under subsection (3) of Article 156, and compensation pay for entitlements that have not been used
                  according to what is stipulated under subsection (4) of Article 156.

                  Article 164 MA
                  (1) The entrepreneur may terminate the employment of his or her workers/ labourers because the enterprise has to be closed down due to continual losses it suffers for two years consecutively or force majeure. If this happens, the workers/ labourers shall be entitled to severance pay amounting to 1 (one) time the amount of severance pay stipulated under subsection (2) of Article 156, reward pay for period of employment amounting to 1 (one) time the amount stipulated under subsection (3) of Article 156 and compensation pay for entitlements that have not been used according to what is stipulated under subsection (4) of Article 156.
                  (2) The continual losses as referred under subsection (1) must be provable in the enterprise’s financial reports over the last 2 (two) years that have been audited by public accountants.
                  (3) The entrepreneur may terminate the employment of his or her workers/ labourers because the enterprise has to be closed down and the closing down of the enterprise is caused neither by continual losses for 2 (two) years consecutively nor force majeure but because of rationalization [literal: efficiency]. If this happens, the workers/ labourers shall be entitled to severance pay twice
                  the amount of severance pay stipulated under subsection (2) of Article 156, reward for period of employment pay amounting to 1 (one) time the amount stipulated under subsection (3) of Article
                  156 and compensation pay for entitlements that have not been used according to what is stipulated under subsection (4) of Article 156.

                  Article 165 MA
                  The entrepreneur may terminate the employment of the enterprise’s workers/ labourers because the enterprise goes bankrupt. If this happens, the workers/ labourers shall be entitled to severance pay amounting to 1 (one) time the amount of severance pay stipulated under subsection (2) of Article 156, reward pay for period of employment amounting to 1 (one) time the amount stipulated under subsection (3) of Article 156 and compensation pay for entitlements that have not been used according to what is stipulated under subsection (4) of Article 156.

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                  mine workers: No

                  No compensation foreseen in the MA.
                  A ruling of unfair dismissal entails reinstatement. (see art. 170 MA, also art. 153 (2) on dismissal based on prohibited grounds)

                  managerial / executive positions: Yes

                  Art. 153 (2) MA: any termination based on prohibited grounds shall be declared null and void. The employer must then reemploy the affected worker.

                  police: Yes

                  Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the parties must first attempt to settle their dispute trough bipartite negotiations, and if negotiations fail, through conciliation or mediation before the dispute can go to the Industrial Relations Court.

                  Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the Industrial Relation Court is competent if the parties did not reach any agreement through negotiations, conciliation or mediation.

                  Existing arbitration: Yes

                  Pursuant to Act No. 2 of 2004 concerning Industrial relations settlements, the Industrial Relation Court is competent if the parties did not reach any agreement through negotiations, conciliation or mediation.

                  Length of procedure: 50day(s) (statutory)

                  The Industrial Relations Court (IRC) must issue a verdict within 50 days as of the date of the first court session (art. 103 IRDSA).
                  An appeal can be lodged before the Supreme Court IRC decision within 7 days, which should issue its decision within 20 days (art.115 IRSDA).

                  Note that the prior bipartite negotiations and conciliation/mediation shall be carried out within 30 days each.