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Labor Law in Indonsian, How Shareholders Dismiss the Company Director

Labor Law in Indonsia: How Shareholders Dismiss the Company Director

By adminbpl | Sep 13, 2018

Can stakeholders remove the company director from his job? What kind of procedure to follow and which laws apply to this situation? Take a look at the detailed information regarding this matter. In a Limited Liability Company, or best known as Corporation, the Director plays an important role as the company leader. However, this position can be removed by those who have higher power and responsibilities, that is, the shareholders.       Some questions then arise when such situation occurs in Indonesia. Which laws or acts should be applied? And how does the corporation fulfill the right of the director whose position has been removed? The answers to those questions can be found in the rest of this article.             The Company Director and the Board of Commissioners: A Definition based on the laws       Before entering the discussion about the dismissal of a company director or how the board of commissioners handles this matter, the first things that need to be cleared up is the…

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How to Get Indonesian Citizenship?

By adminbpl | Aug 15, 2018

Getting Indonesian citizenship is not as difficult as we think when you understand the steps.   Getting citizenship in a country you’re not born in is considered a difficult thing to do. However, if you really understand the requirements and know how to get Indonesian citizenship, you will know that it is really feasible.     Before you apply for the Indonesia citizenship, make sure you have met these requirements: You have resided in Indonesia for at least 5 consecutive years or 10 consecutive years by the time you apply for the Indonesian citizenship You are at least 18 years old, or if you are under 18 years old, you have to be married You are mentally and physically healthy You never commit to any crime that makes you being prisoned for 1 year or more You don’t have any other citizenship because Indonesia doesn’t admit a dual citizenship. So, if you are registered as a citizen of any other nationality, you need to prepare yourself to release your former citizenship. You are able…

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Is a Company Allowed to Give a Break to Employees Unilaterally

By adminbpl | Aug 13, 2018

Is a company allowed to give a break to employees unilaterally (according to the Indonesian law)? Yes, as long as there is an obvious reason. When a range of legal matters concerning the workers’ leaves becomes the public’s focus of attention, some queries frequently pop up – and one of them would be “is a company allowed to give a break to employees unilaterally (according to the Indonesian law)?”. For some particular reasons, employers have full competence to give time off of work to their employees. The causes can be varied depending on circumstance such as the decline of work ethic, suffering from an infectious disease threatening the health of other workers, and so on. How Such Condition is Regulated in the Indonesian Law As we obviously know that all the things in relation to the employees’ leaves in Indonesia from annual holiday pay to maternity leave are evidently stipulated in the Indonesian Law concerning manpower number 12 the year of 2003.     The term of giving a break to the workers carried…

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Labor Law in Indonsian, How Shareholders Dismiss the Company Director?

An Array of Interesting Facts concerning the Annual Leave of Employees in Indonesia

By adminbpl | Jul 24, 2018

  The annual leave of employees in Indonesia covers a period of 12 days off. This determination has been regulated by the local law and regulation. In terms of the economic development sector at the present moment, Indonesia is nothing but tremendous. This country provides an abundance of working opportunities not only for the locals but also foreigners.   There is no wonder that the sovereign state comprised of thousand islands is dotted with hoards of workers searching for a fortune for the sake of financial betterment. There is a multiplicity of benefits that the employees can get while working in Indonesia and one out of them is precisely the annual leave.   Also known as holiday pay, this sort of special privilege is such an appreciation given to the employees. While spending the time off of work, the working individuals keep receiving an amount of payment.   The number of the days in each country differs based on their government’s policy. Some nations in the western hemisphere apply for annual leave with the…

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Indonesian Labor Law: Contract Employee Rights upon Contract Termination

By adminbpl | Jul 17, 2018

There are many sources for downloading or books especially writing about Indonesian labor law. But still, elaborating the law is a challenging issue for the human resource departments and the employees themselves. Nowadays both parties are more aware that a written contract is beneficial to prevent any disputes in the future. Particularly for the contract employee, the document is expected to state the employees’ obligation as well as their rights, including the severance pay or separation money after the term of the contract is over and other rights of both parties, and when there is a contract breach.     A contract employee is an employee that is hired by the company to complete certain assignments within a specific period. This particular employee is not a permanent worker and bound by the agreement stated in the contract. This is the main reason a contract employee has to be cautious when signing the agreement. Nowadays, many law consultants are offering a preliminary free consultation for employee contract review. Ones can even ask for online advice…

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Termination Compensation, When & How Employer Should Provide It?

Termination Compensation, When & How Employer Should Provide It?

By adminbpl | Jul 16, 2018

The termination of employment is likely to happen in the industrial relation. The termination of employment is a condition where the relationship between the employee and the employer ends. However, it will inevitably stop the right and the responsibility of the worker and the employer. The conflict between the company and its employee becomes the main ground of the employee dismissal. However, more reasons could lead termination of employment to happen. These reasons are explained in the Manpower Law No 13 the Year 2003. No Termination Reason Manpower Law Provision 1. Voluntary resignation 162 (1) 2. The employee does not pass the probation 154 3. The end of the job contract 154 (b) 4. Workers violate employment agreements or company regulations 161 (3) 5. Employer commits violation 169 (1) 6. Marriage between employee 153 7. Employer closed due to continuous losses or force majeure. 164 (1) 8. Efficiency/redundancy/downsizing by the employer 164 (3) 9. The employee refuses to continue his contract due to the company’s change of status, merger, consolidation, and change of ownership.…

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Has Indonesia’s Labor and Employment Law Brings Justice to All Laborers?

By adminbpl | Jun 5, 2018

Indonesia government has regulated the labor and employment law. The question is, is that enough to protect the laborers?   “There shall be a regulation concerning manpower and laborers to protect their rights, to give them basic protection when working, and to make a conducive condition that gives big impact to the business and the development of the country.”   People tend to argue about the definition of the laborer and the rights that belong to them. Especially in May Day or May 1st, every year the laborers go on strike to protest about the unfortunate experience in their workplace, from the problem of being overworked, ambiguous contracts, to the salary issues.  Nonetheless, no how many times the protests strike, the labor problems seem to keep arising and remain unsolved.   In addition, in some big cities of Indonesia, working overtime is considered as something usual. As a matter of fact, in some sectors, the laborers are not paid when they work overtime, because it is considered as a sign of loyalty to the…

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Procedures and How to Work in Indonesia for Foreign Lawyer

By adminbpl | May 30, 2018

The existence of foreign lawyer in Indonesia was actually done since the Netherlands colonial era. It was quite reduced in the old order, the foreign activity is back or alive in the new order. Especially since the issuance of foreign investment law year 1967 was out. The researcher of Center for Law and Policy Studies, Miko Susanto Ginting, noted some regulations that made by government, Ministry of Justice in this terms to set the existence of foreign lawyer. It was recorded in the period 1970-2004 Ministry of Justice and Human Rights issued for rules about foreign advocate. In the last of year, Ministry of Justice and Human Rights issued rule number 26 year 2017 about requirements and procedures hiring foreign lawyer with the obligation of giving legal service for free to the education world and legal research. The essence of this rule is actually still the same as the previous one. That is the foreign lawyer is allowed to run his profession in Indonesia and join or work in one of Indonesia advocate office.…

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Let the Credible Law Firm Help You Manage Your Food’s Distribution Permit!

By adminbpl | Apr 13, 2018

Not only does Indonesia majorly export oil and gas but the archipelagic state is also where the food and beverage industries flourish progressively.   There is no wonder that the sectors are seriously watched and highlighted by the local government. In consonance with cekindo.com, the annual turnover of Indonesia’s food and beverage industry successfully reached up to 82 billion USD in 2013. Meanwhile, the sales of soft drink have an increase of compound annual growth rate amounted 9.3% from 2014 to 2018.   However, the trading activities can’t be completely implemented before the Indonesian authority provides the distribution permit. If you find some trouble dealing with that, it is recommended that you rely on a credible law firm like BP Lawyers.     Regulation about Distribution Permit for Food and Beverage in Indonesia Speaking of the foods, it has been clearly specified that all the things about them from production to distribution refer to the Law no. 18/2012 better known as Food Law. According to the Food Law, food is defined as any products…

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