- Article 172 of Law No. 13 of 2003 on Manpower (“Manpower Law”) is currently undergoing a process of judicial review at the Constitutional Court under case registration No. 77/PUU-XVI/2018. Article 172 of the Manpower Law addresses the specific issue of employees who suffer from periods of prolonged sickness or from work accidents which lead to said employees being absent from work for periods of longer than 12 months. Under Article 172, employees are allowed to request terminations and to be awarded twice the normal amount of severance pay.
- The petitioner is requesting that the prolonged sickness condition set out under Article 172 of the Manpower Law should be proven through the existence of medical records and official certificates which are issued by hospitals.
- However, the government, as a party related to the case, has argued that, by its very nature, Article 172 of the Manpower Law already implicitly accommodates the petitioner’s request due to the fact that Article 172 (1a) of the Manpower Law states that possession of a doctor’s statement is necessary in order to legitimize periods of prolonged illness which are suffered by employees. Moreover, during any 12-month period of illness, employers are prohibited from terminating the relevant employees. Thus, the petition has been deemed unrelated to the constitutional norm and therefore does not need to be granted.
- For more information on this case, see the Constitutional Court’s Official Report, which can be found posted on its official website.
- For more on this story, see Hukumonline: “Pemerintah: Alasan PHK Sakit Berkepanjangan Jamin Kepastian Hukum”.
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