Claiming to have read the draft job creation law, Hotman Paris: Good news for workers! All pages

JAKARTA, KOMPAS.com – The famous lawyer Hotman Paris Hutapea has reopened his voice on the Job Creation Act (UU). He highlighted the compensation for dismissal in the bus law.

“Good news for workers, good news for workers. I just read the draft of the Employment Creation Act,” Hotman was quoted as saying on his Instagram account @hotmanparisofficial, on Thursday (10/15/2020).

According to him, in the Employment Creation Law there is an article that establishes that if an employer does not pay severance pay in accordance with the provisions, he will be considered to have committed a criminal act and the threat of a four-year prison sentence .

“It must be that if the employer is in prison (police report), if a police report is made to the police regarding compensation, they will rush to pay the compensation,” Hotman was quoted as saying on his Instagram account @hotmanparisofficial, the Thursday (10/15/2020).

Also read: Menaker: only 7 percent of companies can pay compensation 32 times higher than salary

According to Hotman, the clause of the Employment Creation Act is an advance that benefits both workers and workers.

This is because workers take months to sue companies that do not pay severance pay.

“But with a police report, you may receive severance pay. Congratulations to the workers,” Hotman said.

Although he did not mention which draft of the Law of Creation of the Work he read, it was from a search Kompas.comHotman read the final draft, which was 812 pages long.

In article 185 paragraph (1) of the Chapter of the Copyright of the Work it is explained, Who violates the provisions referred to in article 42 paragraph (2), article 68, article 69 paragraph (2) Article 80, article 82 , article 88A paragraph (3), paragraph 2 of article 88E, paragraph 1 of article 143, paragraph 1 of article 156 or paragraph 4 of article 160 shall be subject to a minimum prison sentence of one year and a maximum of four years and / or a fine of at least Rs 100 million and maximum a large amount of Rs 400 million.

The following article explains that the crime referred to in paragraph (1) is a criminal act.

Article 156 (1) itself is an article that explains the obligation of employers to pay severance pay in the event of termination of employment. In addition to severance pay, employers must also pay service fees and compensation fees that workers must receive.

This is different from article 185 of Law 13 of 2003 on manpower. In article 185 of the old law, the clause regarding the obligation to pay severance pay was not considered a crime.

Hotman’s focus is on the Job Creation Act

Previously, Hotman had the opportunity to speak about the controversy over the enactment of the Copyright Act.

Hotman said that based on his decades of experience as an advocate, the problem workers or day laborers face is the difficulty in demanding severance pay.

“Regardless of whether or not I agree with the bus law, in my 36 years of experience as a lawyer. The problem that workers face is in claiming compensation, because the legal process is very long,” said Hotman quoted from his official Instagram account, on Sunday (11/10/2020).

So far, there have been many cases of companies not paying severance pay as stipulated in the Labor Law.

Also read: Consider the commercial scale, the government changes severance pay provisions

However, workers who are laid off victims face difficult conditions because the procedure to demand compensation in court is not an easy matter.

Severance compensation lawsuits that come to the table of the courts are often forced to be accepted by workers who are victims of layoffs because so far the Ministry of Manpower and Regional Manpower Offices have not helped in general to repress companies.

On the other hand, demanding severance pay requires a lawyer who costs a lot of money. That also doesn’t mean that the court’s decision will win over workers who are laid off.

“Starting with if the employer refuses, then through the supervisory board of the Ministry of Labor (Ministerio de Mano de Obra). The Ministry of Manpower does not have the power, only in the form of conditions, it like it or not the worker must go to court, “said Hotmen.

“In court it can be up to a reconsideration (PK) before the Supreme Court (MA), imagine how much the lawyer’s fee is paid, it could be that the lawyer’s fee is higher than the severance pay,” he said.

Also read: Regarding the Job Creation Law, Hotman Paris explains the difficulties of workers to demand severance pay