Employee Layoff Legal Rights

Summary

If laid off in Indonesia, you are entitled to severance pay, long-service pay, and compensation rights under Law No. 13 of 2003. Employers must provide 30 days notice or one months salary in lieu. Class action lawsuits are permitted under Indonesian Civil Procedure Law (HIR), Article 79-84. Bankruptcy proceedings are governed by Law No. 37 of 2004. Consult a local lawyer for detailed guidance.

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no notice yet
I see. As per Indonesian Labor Law, your employer must provide written notice 30 days before termination, or provide one month's salary in lieu of notice. If you haven't received it, I recommend seeking legal advice.
what statutes in indonesian law does this condition relates to that i can use?
The relevant statutes in Indonesian law for your situation are:
- Law No. * of * (Article *, *, *, *, *, *, and *), concerning employment termination procedures and compensation rights.
- Minister of Manpower Regulation No. * of * (Article *) regarding termination notice period.
Please consult with a local lawyer for detailed guidance.
suppose this happens in USA. what are my options under usa law?
In the USA, your options can be:
- WARN Act: Requires employers to provide 60 days' written notice before mass layoffs.
- State laws may provide additional protections.
- You may be entitled to severance pay based on your contract or company policy.
- Unemployment insurance benefits can be claimed.

Please consult a local lawyer for detailed guidance.
what actions can i take under the indonesian labor law
Under the Indonesian Labor Law, you can:
- Consult with a local lawyer to understand your rights better.
- Submit a claim to the Industrial Relations Court if your rights are not met.
- Report the company to the Ministry of Manpower for violating labor laws.

Please note, this is a general guide, it's recommended to consult with a lawyer.
in case we do not receive the contractual compensation after the layoff, can all the employees file a class action suit?
Yes, under Indonesian law, class action lawsuits are permitted. If a large group of employees are affected similarly, they may collectively file a lawsuit. However, it's advised to consult with a legal professional to better understand the process and implications.
find a statute that supports the suit
The relevant statute supporting class action lawsuits in Indonesia is the Indonesian Civil Procedure Law (Herziene Inlandsch Reglement, HIR), Article *-*. It allows multiple plaintiffs with similar interest to file a single lawsuit. Please consult a legal professional for detailed guidance.
statutes to back off laid off employees in filing a class action suit
Under Indonesian law, if a company does not comply with the employment termination procedures, it can be subject to:
- Article * of Law No. * of *: provides sanctions for employers who do not give severance pay.
- Articles * and * of Law No. * of *: stipulate penalties for violations of the law.
Please consult with a legal professional for more accurate guidance.
can a join operation file for bankruptcy?
Yes, a joint operation can file for bankruptcy under Indonesian law. This is governed by Law No. * of * on Bankruptcy and Suspension of Payment. Please consult a local lawyer for more detailed guidance.
can a foreign (korean) company file for bankruptcy under indonesian law?
Yes, a foreign company, including a Korean one, can file for bankruptcy under Indonesian law. This is covered by Law No. * of * on Bankruptcy and Suspension of Payment. However, specifics may vary, please consult with a local lawyer for proper guidance.
if our contractual rights are not paid and the joint operation file for bankruptcy what options do we have?
If the joint operation files for bankruptcy and your contractual rights are not paid, you can:
- File a claim in the bankruptcy proceedings for unpaid wages.
- You may still proceed with a class action lawsuit.
- Consult with the Ministry of Manpower or a local lawyer for further guidance.
Please note, this information is general in nature. Consult a local lawyer for advice tailored to your situation.
please find related statutes to support those actions
The relevant statutes in the Indonesian law for your situation are:
- Law No. * of * on Bankruptcy and Suspension of Payment (Article *, *, *, *, *, *)
- Law No. * of * on Manpower (Article *, *, *)
- Indonesian Civil Procedure Law (Herziene Inlandsch Reglement, HIR), Article *-*
Please consult with a local lawyer for more accurate guidance.
what are my rights/compensation i should receive after the layoff under the indonesian law?
Under the Indonesian law, if you are laid off:
- You should receive a written notice 30 days prior to termination or a month's salary instead (Law No.* of *, Article *)
- You may be entitled to severance pay (*-9 months of salary depending on service length), long-service pay, and compensation rights (Law No.* of *, Article *, *, *, *)
- If the company files for bankruptcy, you can file a claim for unpaid wages (Law No. * of *, Article *, *, *)
Please consult a local lawyer for detailed guidance.
does it apply if the joint operation prove its loss or apply for bankruptcy?
Even if the joint operation proves its loss or applies for bankruptcy, your rights under Indonesian law should still apply. However, these situations can complicate the process of claiming your rights. Therefore, it's advised to consult with a local lawyer. Are you seeking a lawyer's contact information in Jakarta?
can you give examples of those complications that maya rise?
Possible complications may include:
- Delay in payments due to bankruptcy proceedings.
- Difficulty in proving your claim in court.
- Potential legal costs associated with pursuing your claims.
- Bankruptcy order might affect employee's ranking in creditor's hierarchy.
Please consult a local lawyer for a more accurate understanding.
what shall i do then?
You can take the following steps:
- Consult with a local lawyer to understand your rights better.
- Prepare necessary documents to support your claims.
- File a claim to the Industrial Relations Court if your rights are not met.
- Report the situation to the Ministry of Manpower.
Remember, each case is unique so it's crucial to get personalized legal advice.
are these doable if we're filing class action?
Yes, these steps can be taken when filing a class action lawsuit. It's important to have a legal representative who understands class action proceedings. Remember, collective claims may require additional procedures, so consulting with a local lawyer is highly recommended.
whats the proper term in this case? a class action filed by employees laid off by a company on verge of bankruptcy
The proper term in this case would be "Collective Redundancy Class Action". This refers to a lawsuit filed collectively by employees who have been laid off due to a company's impending bankruptcy.
is there an indonesian statute related to that?
The relevant Indonesian statutes for a "Collective Redundancy Class Action" are:
- Law No. * of * (Article *) about mass layoffs.
- Indonesian Civil Procedure Law (Herziene Inlandsch Reglement, HIR), Article *-* for class action suits.
Please consult a local lawyer for more detailed information.
what is that term called in indonesian?
The term "Collective Redundancy Class Action" translates to "Gugatan Kelas PHK Massal" in Indonesian. Please consult a local lawyer for more accurate information.
why does the Bankruptcy order might affect employee's ranking in creditor's hierarchy? will the employees be in the most bottom of the hierarchy? why?
In a bankruptcy, the ranking of creditors is determined by the Bankruptcy Law. Employees' claims for unpaid wages generally rank lower than secured creditors but higher than unsecured creditors. However, each case can vary. Here's the general hierarchy:
- Secured creditors
- Employees' wages (up to certain limit)
- Taxes
- Unsecured creditors
This is governed by Law No. */* Article *-*. Consult a local lawyer for a detailed understanding.
what are those limits?
Under Indonesian Bankruptcy Law No. */*, Article *:
- The limitation for employee wage claims in bankruptcy is a maximum of 1 year's worth of wages.
- Claims exceeding this amount are considered unsecured.
Please consult a local lawyer for more detailed information.
how do you say 'foreseeable complications' in legal terms
The term "foreseeable complications" in legal terms could be translated as "Anticipated Legal Impediments" or "Predictable Legal Challenges".
which term is better/more proffessional to use?
The term "Anticipated Legal Impediments" is more professional to use as it indicates expected legal obstacles in a formal legal context.
how to say "actions that may be taken against the potential complications" in legal term
The phrase "actions that may be taken against the potential complications" can be professionally referred to as "Mitigation Measures for Anticipated Legal Impediments" in legal terms.