Statutory provisions relating to contracts of employment, their termination and severance pay
Appendix XI
MA
INDONESIA
General measures for Civil Administration (Dutch)
To lay down Supplementary Planters Regulations - ARTICLE I
Article 3
(1)
Article 4
(1)
Labour agreements with workers must be in writing.
An agreement may be made for a definite or indefinite period, it being understood that an agreement made with workers who are accepted or recruited by the employer outside Indonesia shall be regarded as having been made for at least one year.
(2) (As amended by State Gazette No. 224 of 1948) It may be determined by government regulation that the provision of the preceding section, regarding the minimum contract duration of one year, shall also apply to workers belonging to certain sections accepted in Indonesia.
Act No. 12 of 1964, on the Termination of Employment in Private Undertakings (State Gazette No. 93 of 1964)
Article 1
(1) employment.
Article 2
The employer shall do his best to prevent termination of
If following such endeavours the termination of employment cannot be avoided the employer shall discuss his intention to do so with the workers' organisation concerned or with the worker himself should the worker not be a member of a workers' organisation.
Article 3
(1)
1
Should the discussions referred to in Article 2 clearly fail to bring about agreement, the employer may only dismiss the worker concerned after having obtained a permit from the Regional Committee for the Settlement of Labour Disputes respecting individual dismissals and from the Central Committee for the Settlement of Labour Disputes respecting mass dismissals (i.e. more than 10).
Article 4
(1)
A permit as referred to in article 3 above is not required if termination of a worker's employment takes place during a probationary period.
(2)
The duration of a probationary period shall not exceed three months and the fixing of such a period shall be communicated in advance to the applicant worker concerned.