Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Happy Rayna Stephany, Robert Sidauruk
PT Pelita Air Service (PAS) has issued legal proceedings against one of its former pilots who was employed by themfor 34 years, for failing to pay damages as a result of the early termination of an employment relationship by the pilot.
The dispute started when Eddy Siswanto signed an employment contract with PAS to work as a pilot until 31 May 2012. However,on 15 August 2011, before the contract’s end, Eddy resigned from the company without providing any clear reasons as to why.
Following the resignation, PAS made an agreement with Eddy providing that he must pay IDR 195,5 million in damages that arose as a result of the early termination.
The basis for the damages claim was Article 62 of Law No. 13 of 2003 on Labor, which states that an employee is liable for damages equal to the quantum of unpaid wages for the remaining period on a contract, after an early resignation
Although Eddy accepted all the conditions put forward by his former employer, PAS did not receive payment for the damages as provided for in the agreement.
According to Mochamad Alimuddin, PAS’s legal counsel, although his client has reminded Eddy of his obligation to pay the damages several times, there has been no response from the former pilot.
“We have sent Eddy several Letters of Demand but it appears that he has not shown any effort in the good faith performance of his obligation,” writes Alimuddin in the court documents registered at the Central Jakarta District Court.
From the counter viewpoint, Raden Catur Wibowo, Eddy’s legal counsel, contends that Eddy’s resignation was caused by PAS failure to fully pay Eddy hisproper pension fund entitlements.
Wibowo continued that Eddy did not receive his due pension fund entitlements in accordance with his seniority.
“From November 2009 until July 2013, Eddy was entitled to receive pension fund payments of Rp 180 million according to his category of employment. This is an obligation under Article 156 Law No. 13 of 2003 on Employment,” Wibowo explained.
In his counterclaim against PAS, Eddy is claiming payment of immaterial losses of IDR 10 billion, in addition to payment of the full amount of his pension fund entitlement of IDR 224 million.
Eddy also challenges the competence of the Central Jakarta District Court to hear the dispute. Wibowo believes that the Central Jakarta District Court is not competent, to hear the case as the proper forum is the Industrial Relations Court.
“This is an issue of an industrial relation between an employee and an employer. Pursuant to Article 1 (2) Law No. 2 of 2004 on the Resolution of Industrial Disputes, this case should be brought to the Industrial Relations Court,” contends Wibowo.
(hot/kc)
Happy Rayna Stephany, Robert Sidauruk
PT Pelita Air Service (PAS) has issued legal proceedings against one of its former pilots who was employed by themfor 34 years, for failing to pay damages as a result of the early termination of an employment relationship by the pilot.
The dispute started when Eddy Siswanto signed an employment contract with PAS to work as a pilot until 31 May 2012. However,on 15 August 2011, before the contract’s end, Eddy resigned from the company without providing any clear reasons as to why.
Following the resignation, PAS made an agreement with Eddy providing that he must pay IDR 195,5 million in damages that arose as a result of the early termination.
The basis for the damages claim was Article 62 of Law No. 13 of 2003 on Labor, which states that an employee is liable for damages equal to the quantum of unpaid wages for the remaining period on a contract, after an early resignation
Although Eddy accepted all the conditions put forward by his former employer, PAS did not receive payment for the damages as provided for in the agreement.
According to Mochamad Alimuddin, PAS’s legal counsel, although his client has reminded Eddy of his obligation to pay the damages several times, there has been no response from the former pilot.
“We have sent Eddy several Letters of Demand but it appears that he has not shown any effort in the good faith performance of his obligation,” writes Alimuddin in the court documents registered at the Central Jakarta District Court.
From the counter viewpoint, Raden Catur Wibowo, Eddy’s legal counsel, contends that Eddy’s resignation was caused by PAS failure to fully pay Eddy hisproper pension fund entitlements.
Wibowo continued that Eddy did not receive his due pension fund entitlements in accordance with his seniority.
“From November 2009 until July 2013, Eddy was entitled to receive pension fund payments of Rp 180 million according to his category of employment. This is an obligation under Article 156 Law No. 13 of 2003 on Employment,” Wibowo explained.
In his counterclaim against PAS, Eddy is claiming payment of immaterial losses of IDR 10 billion, in addition to payment of the full amount of his pension fund entitlement of IDR 224 million.
Eddy also challenges the competence of the Central Jakarta District Court to hear the dispute. Wibowo believes that the Central Jakarta District Court is not competent, to hear the case as the proper forum is the Industrial Relations Court.
“This is an issue of an industrial relation between an employee and an employer. Pursuant to Article 1 (2) Law No. 2 of 2004 on the Resolution of Industrial Disputes, this case should be brought to the Industrial Relations Court,” contends Wibowo.
(hot/kc)