Jakarta, BewaraMedia – PT ISS Indonesia, a foreign company from Denmark, is suspected of criminalizing an employee who has served for 12 years. This happened to Himawan Fitriansyah PMO Vocational Service PT ISS who experienced unilateral termination of employment. This layoff was carried out by the company on the grounds that there was a report of losing 3 pots of Orchid plants and the company accused Himawan of being the perpetrator of the theft.
Based on the background of the Collective Labor Agreement (PKB) between the Company and employees, the company argues that it can lay off its employees with the rules that apply internally at PT ISS Indonesia, namely due to urgent circumstances.
In the termination letter dated October 04, 2023 received by Himawan, he only received the right to separation money of IDR 300,000, – (Three Hundred Thousand Rupiah), the last salary and a certificate / work experience that will be given after Himawan conducts Exit Clearance.
The employee’s attorney (Himawan) Senior Advocate N. Hariadi, BCM, SH.., MH said that the termination letter received by his client found several oddities. first is the absence of proof that his client stole 3 pots of orchids as alleged by the company only based on the minutes of asking for information, secondly the separation money received by his client is not in accordance with the current Labor Law and thirdly the termination letter was signed by the Employee Relations Department Head (Br. SW) without the company’s wet stamp and clear letterhead, letter number and subject.
“A class of foreign companies from Europe is rather odd to send such termination letters and ISS acts like the Police, Prosecutors and Judges … able to give criminal decisions … extraordinary, this is what is called the alleged Criminalization” said Hariadi.
His party (AAH LAW FIRM) has sent a letter to PT ISS dated October 08, 2023 with letter number: AAH/34/X/2023 regarding notification of power of attorney and response to letter dated 04/10/2023.
“There are two important points that we convey, the first is regarding layoffs returning to the applicable statutory provisions stipulated in Law No. 13 of 2003 concerning Manpower article 156 paragraphs 1 to 3. And the second is to clarify whether serious violations or urgent circumstances are the basis for layoffs, whether disciplinary or due to criminal offenses, if there is a criminal offense, there must be a court decision with permanent legal force (Inkracht), “Hariadi explained to Bewaramedia.com Monday, 09/10/2023.
Hariadi further explained that PT ISS Indonesia has not responded to the letter sent by AAH LAW FIRM, instead his client received a letter dated October 9, 2023 regarding suspension with the provisions of special provisions that must be carried out by his client.
“In stages, it is suspected that there is 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 is also the Chairperson of the Communication Forum for Former Prison Prisoners in Jabodetabek. ***
Journalist: M. Efendi
