You asked: How do I terminate an employee in Indonesia?

On what grounds can a contract of employment be legally terminated in Indonesia?

Performing compulsory religious services. Childbirth, nursing a baby, or miscarriage. Establishing a labour union and/or conduct union activities outside working hours. Reporting employers to authorities of crimes.

How do I legally terminate an employee?

Generally, an employer must not terminate an employee’s employment unless they have given the employee written notice of the last day of employment. An employer can either let the employee work through their notice period, or pay it out to them (also known as pay in lieu of notice).

How do you terminate an employee without notice?

Your employer can terminate your employment at any time and without warning. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. If your termination is not tied to severe workplace misconduct, you dismissal is considered one “without cause”.

What constitutes severance?

Severance pay is often granted to employees upon termination of employment. It is usually based on length of employment for which an employee is eligible upon termination. … Severance pay is a matter of agreement between an employer and an employee (or the employee’s representative).

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Do you have to give a reason when terminating an employee?

Employers don’t have to give a reason for firing an at-will employee. … Sometimes, an employer is legally required to give a reason for firing an employee. State law may allow the employer to fire employees only for cause, or the employee may have an employment contract limiting the employer’s right to fire.

What is a valid reason for dismissal?

The reason must be ‘sound, defensible or well founded. ‘ A reason which is ‘capricious, fanciful, spiteful or prejudiced’ cannot be a valid reason. ‘[T]he reason for termination must be defensible or justifiable on an objective analysis of the relevant facts.

What is the rule of termination?

State labor law in Karnataka and Tamil Nadu—Under the Karnataka Shops and Establishments Act, 1961 and the Tamil Nadu Shops and Establishments Act, 1947, an employer cannot terminate an employee who has been with the enterprise for more than six months, except on the grounds of “reasonable cause.”

Can you be fired without reason?

As a rule of thumb, you cannot terminate an employee without issuing a warning. In general, employers are required to give written notice to employees of termination to avoid legal liability.

Is there a separation pay for terminated employee?

Employees who are terminated from their employment due to just causes (e.g. serious misconduct, willful disobedience, gross and habitual neglect of duty, etc.), are not entitled to separation pay, as these employees are at fault.