Not from legal counsel, but from the decision-makers who have to resolve today’s operational issues.
1. An employee has been absent for five days. Can they be dismissed immediately?
Not yet. Issue a formal summons and document the entire process. In industrial relations disputes, the correct procedure is often more decisive than the grounds for dismissal.
2. Is the THR still payable to employees who have resigned?
It depends on the timing of their resignation and their length of service. Errors in calculating the THR often lead to disputes.
3. Are interns also protected under employment law?
It depends on the practice in question. If an intern works in the same way as an employee and receives compensation similar to a wage, there is a risk that the relationship may be regarded as an employment relationship.
4. How long can a fixed-term contract (PKWT) be extended?
Fixed-term contracts (PKWT) are subject to statutory limits. Failure to manage the contract period correctly may result in the worker’s status being changed to that of a permanent employee (PKWTT), with all the legal consequences that entails.
5. An employee has been off sick for three months. When can the company make them redundant?
Not yet. Redundancy on grounds of ill health can only be carried out under certain circumstances. Before that, the company still has obligations it must fulfil.
6. Is overtime pay still mandatory for work on public holidays, even under a shift system?
Yes. A shift system does not remove the obligation to pay overtime on public holidays.
7. Bagaimana jika karyawan mengklaim kecelakaan kerja, tetapi perusahaan meyakini itu kecelakaan pribadi?
Lakukan investigasi yang objektif dan terdokumentasi sebelum mengambil keputusan. Bukti selalu lebih kuat daripada asumsi.
8. Is a company obliged to pay severance pay to employees who resign?
Not always. This obligation depends on the employment contract, the Company Regulations or the applicable Collective Labour Agreement.
Most employment risks can be managed before they escalate into disputes. Discuss your company’s situation before operational decisions become legal issues.