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| ISS Indonesia Accused His Employee Without Trial At Court: Criminalism |
Kabaran Jabar, - PT.ISS Indonesia, a foreign company from Denmark, is suspected of criminalizing its employees who have served for 12 years.
This happened to Himawan Fitriansyah PMO Vocational Services PT.ISS who experienced unilateral termination of employment.
The company carried out these layoffs on the grounds that there were reports of the loss of 3 potted orchid plants and the company accused Himawan of being the perpetrator of the theft.
Based on the background, the Collective Labor Agreement (PKB) between the Company and its employees, the company argued that it could dismiss its employees according to the regulations that apply internally at PT.ISS Indonesia, namely due to urgent circumstances.
In the dismissal letter dated October 4 2023 that Himawan received, he was only entitled to separation pay of IDR 300,000 (Three Hundred Thousand Rupiah), final salary and a certificate/work experience which would be given after Himawan made his Exit Permit.
Employee's Attorney (Himawan) Senior Advocate N. Hariadi, BCM, SH.., MH said that the letter of termination of employment received by his client found several oddities, firstly there was no evidence that his client stole 3 pots of orchids as alleged by the company based only on minutes of request for information, secondly the separation money received by the client was not in accordance with the applicable Employment Law and thirdly termination of employment. The letter is signed by the Head of Personnel Relations (Br. SW) without the company's wet stamp and letterhead, letter number and clear subject.
"It is rather strange for a class of foreign companies from Europe to send such a termination letter and the actions of ISS such as the Police, Prosecutors and Judges are able to give extraordinary criminal decisions, this is what is called alleged criminalization," said Hariadi.
His party (AAH LAW FIRM) has sent a letter to PT.ISS dated 08 October 2023 with letter number: AAH/34/X/2023, regarding notification of the power of attorney and response to the letter dated 04/10/2023.
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| ISS Indonesia Accused His Employee Without Trial At Court: Criminalism |
“We conveyed two important points, the first regarding layoffs. Returning to the applicable statutory provisions regulated in Law Number 13 of 2003 concerning Manpower article 156 paragraphs 1 to 3. And secondly to clarify whether serious violations or urgent circumstances are the basis for layoffs, whether disciplinary or due to criminal violations, if "If there is a criminal violation, there must be a court decision that has permanent legal force (Inkracht)," explained Hariadi, Monday, 09/10/2023.
Hariadi further explained that PT ISS Indonesia had not responded to the letter sent by AAH LAW FIRM, instead his client received a letter dated October 9 2023 regarding suspension with special provisions that his client had to carry out.
"Gradually, it is suspected that there was an error, the termination letter was sent on October 4 2023, then followed by a suspension letter dated October 9 2023, this is ambiguous," said Hariadi, who is also a partner in 3 Indonesian Ministries and also Chair of the Jabodetabek Ex-Convict Communication Forum. (Fen)*
Editor: Mas Bons
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