Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami
Ady TD Achmad/ Mahinda Arkyasa
The Jakarta Industrial Relations Court (Court) has partially granted the lawsuit filed by Luis Pereira, an Indonesian citizen, against the Brazilian Embassy (Embassy). As previously reported, the dispute between Luis and the Embassy arose when the Embassy terminated Luis’ employment in 2011 without solid grounds or proper compensation.
Although the Court acknowledged that the Embassy has diplomatic immunity, the Court stated that based on an employment agreement dated and signed on 1 December 2009, both Luis and the Embassy have agreed that Indonesian Law will be used to resolve any disputes that may arise.
In the decision, the Court stated that the layoff procedure conducted by the Embassy is not in accordance with Articles 151, 152, 155, and 156 of Law No. 13 of 2003 on Labor (Labor Law) and ordered the Embassy to pay more than IDR 458 million in severance to Luis.
“The Embassy is ordered to pay the severance and unpaid remuneration during the dispute resolution process,” said Rosidin, a member of the Court’s assembly, during a proceeding on Monday (18/2).
Joshua L Siahaan, Luis’ attorney, stated after the proceeding that the decision has shown that the rights of Indonesian workers’ employed by foreign employees, such as embassies, are still protected by the State.
Meanwhile, Hariveno Harmaily, the Embassy’s attorney, insisted that the Court has no jurisdiction over the dispute because Labor Law does not list embassies as employers or private business entities. He refused to comment further on legal action that will be taken by the Embassy regarding the decision.
(JT)
Ady TD Achmad/ Mahinda Arkyasa
The Jakarta Industrial Relations Court (Court) has partially granted the lawsuit filed by Luis Pereira, an Indonesian citizen, against the Brazilian Embassy (Embassy). As previously reported, the dispute between Luis and the Embassy arose when the Embassy terminated Luis’ employment in 2011 without solid grounds or proper compensation.
Although the Court acknowledged that the Embassy has diplomatic immunity, the Court stated that based on an employment agreement dated and signed on 1 December 2009, both Luis and the Embassy have agreed that Indonesian Law will be used to resolve any disputes that may arise.
In the decision, the Court stated that the layoff procedure conducted by the Embassy is not in accordance with Articles 151, 152, 155, and 156 of Law No. 13 of 2003 on Labor (Labor Law) and ordered the Embassy to pay more than IDR 458 million in severance to Luis.
“The Embassy is ordered to pay the severance and unpaid remuneration during the dispute resolution process,” said Rosidin, a member of the Court’s assembly, during a proceeding on Monday (18/2).
Joshua L Siahaan, Luis’ attorney, stated after the proceeding that the decision has shown that the rights of Indonesian workers’ employed by foreign employees, such as embassies, are still protected by the State.
Meanwhile, Hariveno Harmaily, the Embassy’s attorney, insisted that the Court has no jurisdiction over the dispute because Labor Law does not list embassies as employers or private business entities. He refused to comment further on legal action that will be taken by the Embassy regarding the decision.
(JT)