Based on GR 35/2021 the rights for workers/laborers who had termination employment has several changes. There are the list of the reason of the termination of employment and the rights the workers/laborers can get when the termination happened.
The reasons of termination of employment |
Worker / Labor RightsAccording to Law 13 of 2003 |
Worker/ Labor RightsAccording to PP 35/2021 |
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Status changes, merger, consolidation, or change in ownership of the company and the workers are not willing to continue the employment relationship. |
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Status changes, merger, consolidation or change in ownership of the company and the employer are not willing to continue the employment relationship. |
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Takeover of the Company. (New rules) |
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There was a takeover of the company which resulted in a change in working conditions and the worker / laborer was not willing to continue the work relationship. (New rules) |
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The company carries efficiency because losses |
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The company carries out the efficiency to avoid further losses (New Rule) |
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The company closes due to experiencing continuous losses for 2 years or due to force majeure |
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The company closed because it was not because the company suffered a loss |
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Employers terminate workers / laborers due to force majeure which does not result in the company being closed. |
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Employers do Termination of the employees / workers by reason of the Company in case of delay debt payment obligations due to the Company suffered losses. (New Rule) |
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Employers terminate the Worker / Laborer because the Company is in a state of postponement of its debt payment obligations, not because the Company is experiencing a loss. (New Rule) |
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The company bankrupt |
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Workers / laborers can apply for termination of employment to the industrial relations dispute settlement agency in the case of an employer
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The employer may terminate the Worker / Laborer because of the industrial relations dispute settlement agency's decision stating that the employer has not committed the actions referred to by the industrial relations dispute settlement institution. |
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Workers / Laborers are absent for 5 (five) working days or more consecutively without written information accompanied by valid evidence and have been summoned by the company 2 (two) times properly and in writing |
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Workers / Laborers violate the provisions stipulated in the Work Agreement, Company Regulations, or Collective Bargaining Agreement and have previously been given warning letters for the first, second, and third in a row |
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Workers / Laborers commit violations of an urgent nature stipulated in the Work Agreement, Company Regulation, or Collective Bargaining Agreement (New Rule) |
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Workers / Laborers are unable to perform work for 6 (six) months as a result of being detained by the authorities because they are suspected of committing a crime that causes losses to the Company |
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Workers / Laborers are unable to perform work for 6 (six) months due to being detained by the authorities because they are suspected of committing a criminal act that does not cause loss to the Company |
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The court decides the criminal case before the end of the 6 (six) month period. Worker / Laborer is found guilty and causes the company to suffer a loss |
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The court decides the criminal case before the end of the 6 (six) month period. Worker / Laborer is found guilty and does not cause loss to the Company |
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The employer can apply for Termination of Employment because the Worker / Laborer experiences prolonged illness or disability due to work accidents and is unable to carry out his work after exceeding the 12 (twelve) month limit. (New Rule) |
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Workers / Laborers can apply for Termination of Employment because the Worker / Laborer experiences prolonged illness or disability due to work accidents and is unable to carry out their work after exceeding the 12 (twelve) month limit |
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Employees / workers retire |
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Workers/Laborers are dies |
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