JAKARTA, AYOBANDUNG.COM – Termination of Employment (FLE) carried out on 430 employees Gojek Indonesia is suspected of violating the provisions of the Law.
Basically, the layoffs are aimed at employees, not partners, so all decisions refer to Law No. 13 of 2003.
As stated by the President of the Confederation of Indonesian Trade Unions (KSPI) Said Iqbal in his statement on Sunday (6/28/2020).
“Article 151 Paragraph (1) states that employers, workers and the government must make every effort to prevent termination of employment,” he said.
According to Said, management only conducts socialization and notification. Where Gojek laid off due to the closure of GoLife and GoFood Festival services.
In addition, management is also seen as not negotiating with employees and asking permission from the industrial relations dispute resolution agency.
“Under the law, dismissals made without the consent of the agency for settlement of industrial relations are illegal,” he said.
Furthermore, Article 156 of Law No. 13/2003 regulates that if layoffs cannot be avoided, the employer must pay severance pay, years of service award and compensation amounting to 15% of severance pay and years of service award.
Go-Jek’s Co-CEO Andre Soelistyo in an e-mail said that affected employees would receive severance pay (we set a minimum salary of 4 weeks) plus an additional 4 weeks of salary for each year of work.
According to Said, what the management did in which only provide compensation in the form of 4 weeks is a serious violation.
“KSPI is urging the party Gojek to cancel the unilateral layoffs of 430 workers, “he said.
Before doing layoffs, Gojek should first reduce the number of shifts, take a full day off, and lay off employees at full pay.
“If the above steps are taken and the layoffs are unavoidable, then the purpose of the layoffs must be negotiated with the workers and obtained the approval of the industrial relations settlement agency,” Said said.
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