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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

EXPATRIATES WORKING IN INDONESIA: ARE THEY PERMANENT OR FIXED TERM EMPLOYEES?

December 2011 - Employment. Legal Developments by Makarim & Taira S..

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In Indonesia, despite it being generally accepted that a foreign employee is by nature a fixed term employee, recent rulings of the Industrial Relations Court or the Supreme Court have given rise to some arguments among scholars, legal practitioners and jurists since the rulings have recognized foreign employees as ‘permanent’ employees and therefore entitled to severance pay upon termination of their employment in Indonesia.

INDONESIAN EMPLOYMENT LAW ASPECTS BASICS INCLUDING M&A AND ASSET TRANSFER TRANSACTIONS

In recent years, Indonesia's labour environment has become exceptionally complicated, with labour laws and regulations changing frequently. The creation of a relatively new labour court has resulted in better reporting of important decisions but also some inconsistent decisions. Restrictions on the use of fixed term employment contracts, the need to obtain judicial approval of employment terminations and the rather generous separation pay entitlements of employees, taken together create an employee-friendly labour law regime.

Basic Principles of Indonesian Labour and Employment Law

The following paper is intended to provide a basic overview of Indonesian labour and employment law.

TERMINATION FOR SERIOUS MISCONDUCT: ENFORCEMENT AND RECENT DEVELOPMENTS

October 2009 - Employment. Legal Developments by Makarim & Taira S..

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I. Introduction: It has been over 4 years since the Constitutional Court’s ruling on 26 October 2004 which declared that Article 158 and other relevant articles of the Manpower Law in relation to serious misconduct were against the Indonesia Constitution and therefore were not legally binding. The legal effect of the ruling was that an employer cannot immediately terminate an employee for serious misconduct. Instead an employer must report the act to the police and then follow the criminal proceedings under the Indonesian Criminal Procedure Law. Only upon receiving a criminal judgment of the district court that the employee is guilty (and if the decision is not appealed by the employee) can the employer terminate the employee.

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