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Labor & Employment Litigation

Your journey through labor disputes deserves a story of strong advocacy and fair resolution, and we are here to help you write it.

We are here to make navigating labor & employment dispute in Indonesia straightforward and stress-free. With our deep understanding of Indonesian labor & employment laws & regulations, and extensive experience labor & employment litigation, we have strong commitment to protecting your business and ensuring you stay compliant with all relevant laws. We represent the companies like yours in resolving labor & employment disputes through the entire spectrum of mediation, from Bipartite to Tripartite negotiations, and represent in the Indonesian Industrial Relations court to gain the most favorable outcome.

Indonesian Legal Procedures for Labor & Employment disputes litigation at a glance:

  • Bipartite Negotiation
    The initial step in resolving Indonesian labor disputes is through direct negotiation between the employer (company) and employee (or their representatives). This process aims to settle conflicts without the need for formal legal intervention from third parties, promoting a quick and amicable resolution.
  • Tripartite at Local Ministry of Manpower
    If bipartite negotiations fail, disputes are escalated to a mediator from the Local Ministry of Manpower office to facilitate discussions and propose solutions to help both parties reach an agreement.
  • Industrial Relations Court Proceedings
    If tripartite is unsuccessful, the dispute can be taken to the Industrial Relations Courts, it is a specialized court for employment & labor disputes.

The Industrial Relations Court Proceedings involves several stages:

  • Filing a Claim
  • Hearing Process
  • Court Decision
  • Cassation (appeal) to Supreme Court (if any)
  • Execution of Court Decision

Frequently Asked Questions

It will be varied, including company’s merger & acquisition or company’s liquidation, company is under bankrupt, company’s financial condition, completion of employment contract, violation of employment contract, gross misconduct, employee resigns voluntarily, etc.,

 

At least 14 business days, or 7 business days is termination is during probationary period. For employee resignation, written notice must be submitted by the employee at least 30 days before the last day.

 

For a Permanent employee, the company is obliged to pay a severance package, which comprises: severance pay, service appreciation pay, and compensation of entitlements.

For a Fixed-Term employee, the company must compensate the employee in an amount equivalent to the remaining salary of the employee until expiry of the employment contract.

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