Dismissal rules in the Omnibus Law Project on job creation, companies should know



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Suara.com – The Job Creation Act (UU) that has been passed by DPR marks the change in a number of employment-related regulations. What are the dismissal rules in the Omnibus Job Creation Bill? Here is the explanation.

The plenary session of the House of Representatives of the Republic of Indonesia agreed that the Work Plan (Bill) to be created be passed as Law (Law).

In the plenary session on Monday (10/5/2020), the ratification of the Employment Creation Bill was approved by 7 factions, namely the Indonesian Democratic Party of Struggle (PDI-P), the NasDem Party, the National Awakening Party (PKB), the United Development Party (PPP), the Gerindra Party. , Golkar Party, National Mandate Party (PAN).

The Omnibus Law on Cipta Kerja is one of the discussions on Termination of Employment (PHK) for workers. These points become the dismissal rules in the Omnibus Job Creation Bill.

Companies can lay off employees or workers for only 14 reasons. Citing article 154A of the Employment Creation Law, the following 14 reasons are:

  1. Companies carry out merger, consolidation, acquisition or separation of companies
  2. The company is making efficiency
  3. The company closed because the company suffered continuous losses for two years
  4. Company closes due to force majeure
  5. The company is in a state of deferral of debt payment obligations
  6. The company was declared bankrupt by judgment of a commercial court
  7. The company commits an act that is harmful to the worker / worker
  8. The worker / day laborer resigns of his own free will
  9. Workers / day laborers are absent for five or more consecutive business days without written information
  10. Workers / day laborers violate the provisions stipulated in labor agreements, company regulations or collective bargaining agreements.
  11. Workers / day laborers are detained by the authorities
  12. Workers / laborers experience prolonged illness or disability due to workplace accidents and are unable to perform their work after exceeding the twelve-month limit
  13. Workers / day laborers enter retirement age
  14. Worker / worker dies

Such is the layoff rule in the Cipta Kerja Bill Omnibus Law that allows companies to lay off employees or workers for various reasons.

Collaborators: Muhammad Zuhdi Hidayat



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