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Jakarta –
The famous lawyer Hotman Paris Hutapea revealed good news for the workers. When investigating the draft Omnibus Employment Creation Law (Ciptaker), there is an article that is considered beneficial for workers to obtain severance pay.
“Good news for workers and day laborers, I just read the draft of the Omnibus Law for Labor Creation. Here is an article that establishes that if the employer does not pay the severance pay according to what is established in this law, it will be considered a criminal act, “said Hotman through his official Instagram account, @ hotmanparisofficial seen by detikcom, Thursday (10/15/2020).
It’s okay? quoted from the 812-page version of the draft of the Ciptaker Law, severance pay is regulated in article 156.
Then the sanctions for companies that do not pay severance pay according to article 185. It reads like this:
Article 185
(1) Whoever violates the provisions referred to in article 42, paragraph 2, article 68, article 69, paragraph 2, article 80, article 82, article 88A, paragraph 3, article 88E
paragraph (2), article 143, article 156 paragraph (1), or article 160 paragraph (4) will be subject to a prison sentence of at least 1 (one) year and a maximum of 4 (four) years and / or
a fine of at least 100,000,000 rupees (one hundred million rupees) and a maximum of 400,000,000.00 rupees (four hundred million rupees).
(2) The criminal act, as indicated in paragraph (1), is a criminal act.
In Law No. 13 of 2003 on Manpower, compensation for dismissal is regulated in articles 88 and 156. There are no articles that explicitly regulate the sanctions for violations of the two previous articles.
But in article 111, it is explained that (1) the company’s regulations contain at least:
to. rights and obligations of entrepreneurs;
second. rights and obligations of workers / labor;
C. working conditions;
re. company regulations; Y
me. the period of validity of the regulations of the company.
(2) The provisions of the company regulations must not conflict with the provisions of the laws and regulations in force.
If the company violates article 111, then, according to article 188 (1), whoever violates the provisions mentioned in article 14, paragraph 2, article 38, paragraph 2, article 63, paragraph 1, article 78 , paragraph 1, Article 108 paragraph (1), Article 111 paragraph (3), Article 114 and Article 148, will be subject to a criminal penalty of a minimum fine of Rp 5,000,000.00 (five million rupees) and a maximum of Rp 50,000,000.00 (fifty million rupees.).
(2) The criminal act as stated in paragraph (1) is a criminal act of rape.
Referring to the previous article, it does not stipulate that violations committed by companies are subject to imprisonment.
(toy / dna)
