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> GOBERNANZA - página de entrada > EPLex: una base de datos sobre la legislación de protección del empleo > Indonesia

Indonesia - Requisitos de forma / procedimiento de despido individual


+ show references

Forma de la notificación del despido al trabajador: sin forma particular exigida

Remarks:
  • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
    Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

Plazo de preaviso:
Remarks:
  • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
    • duración de servicio ≥ 6 meses
      • 0 mes(es).
    • duración de servicio ≥ 9 meses
      • 0 mes(es).
    • duración de servicio ≥ 1 año
      • 0 mes(es).
    • duración de servicio ≥ 2 años
      • 0 mes(es).
    • duración de servicio ≥ 4 años
      • 0 mes(es).
    • duración de servicio ≥ 5 años
      • 0 mes(es).
    • duración de servicio ≥ 10 años
      • 0 mes(es).
    • duración de servicio ≥ 20 años
      • 0 mes(es).

    Indemnización sustitutiva de preaviso: No

    Notificación a la administración: No

    Remarks:
    • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

    Notificación a los representantes de los trabajadores:

    Remarks:
    • Art. 151(2) requires that termination be negotiated.
      Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

    Aprobación de la administración publica o de organismos judiciales:

    Remarks:
    • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

    Acuerdo de los representantes de los trabajadores: No

    Remarks:
    • Art. 151(2) requires that termination be negotiated.
      Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

    Notas / Comentarios
    The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

    + show references

    Forma de la notificación del despido al trabajador: sin forma particular exigida

    Remarks:
    • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
      Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

    Plazo de preaviso:
    Remarks:
    • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
      • duración de servicio ≥ 6 meses
        • 0 mes(es).
      • duración de servicio ≥ 9 meses
        • 0 mes(es).
      • duración de servicio ≥ 1 año
        • 0 mes(es).
      • duración de servicio ≥ 2 años
        • 0 mes(es).
      • duración de servicio ≥ 4 años
        • 0 mes(es).
      • duración de servicio ≥ 5 años
        • 0 mes(es).
      • duración de servicio ≥ 10 años
        • 0 mes(es).
      • duración de servicio ≥ 20 años
        • 0 mes(es).

      Indemnización sustitutiva de preaviso: No

      Notificación a la administración: No

      Remarks:
      • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

      Notificación a los representantes de los trabajadores:

      Remarks:
      • Art. 151(2) requires that termination be negotiated.
        Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

      Aprobación de la administración publica o de organismos judiciales:

      Remarks:
      • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

      Acuerdo de los representantes de los trabajadores: No

      Remarks:
      • Art. 151(2) requires that termination be negotiated.
        Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

      Notas / Comentarios
      The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

      + show references

      Forma de la notificación del despido al trabajador: sin forma particular exigida

      Remarks:
      • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
        Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

      Plazo de preaviso:
      Remarks:
      • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
        • duración de servicio ≥ 6 meses
          • 0 mes(es).
        • duración de servicio ≥ 9 meses
          • 0 mes(es).
        • duración de servicio ≥ 1 año
          • 0 mes(es).
        • duración de servicio ≥ 2 años
          • 0 mes(es).
        • duración de servicio ≥ 4 años
          • 0 mes(es).
        • duración de servicio ≥ 5 años
          • 0 mes(es).
        • duración de servicio ≥ 10 años
          • 0 mes(es).
        • duración de servicio ≥ 20 años
          • 0 mes(es).

        Indemnización sustitutiva de preaviso: No

        Notificación a la administración: No

        Remarks:
        • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

        Notificación a los representantes de los trabajadores:

        Remarks:
        • Art. 151(2) requires that termination be negotiated.
          Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

        Aprobación de la administración publica o de organismos judiciales:

        Remarks:
        • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

        Acuerdo de los representantes de los trabajadores: No

        Remarks:
        • Art. 151(2) requires that termination be negotiated.
          Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

        Notas / Comentarios
        The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

        + show references

        Forma de la notificación del despido al trabajador: sin forma particular exigida

        Remarks:
        • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
          Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

        Plazo de preaviso:
        Remarks:
        • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
          • duración de servicio ≥ 6 meses
            • 0 mes(es).
          • duración de servicio ≥ 9 meses
            • 0 mes(es).
          • duración de servicio ≥ 1 año
            • 0 mes(es).
          • duración de servicio ≥ 2 años
            • 0 mes(es).
          • duración de servicio ≥ 4 años
            • 0 mes(es).
          • duración de servicio ≥ 5 años
            • 0 mes(es).
          • duración de servicio ≥ 10 años
            • 0 mes(es).
          • duración de servicio ≥ 20 años
            • 0 mes(es).

          Indemnización sustitutiva de preaviso: No

          Notificación a la administración: No

          Remarks:
          • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

          Notificación a los representantes de los trabajadores:

          Remarks:
          • Art. 151(2) requires that termination be negotiated.
            Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

          Aprobación de la administración publica o de organismos judiciales:

          Remarks:
          • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

          Acuerdo de los representantes de los trabajadores: No

          Remarks:
          • Art. 151(2) requires that termination be negotiated.
            Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

          Notas / Comentarios
          The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

          + show references

          Forma de la notificación del despido al trabajador: sin forma particular exigida

          Remarks:
          • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
            Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

          Plazo de preaviso:
          Remarks:
          • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
            • duración de servicio ≥ 6 meses
              • 0 mes(es).
            • duración de servicio ≥ 9 meses
              • 0 mes(es).
            • duración de servicio ≥ 1 año
              • 0 mes(es).
            • duración de servicio ≥ 2 años
              • 0 mes(es).
            • duración de servicio ≥ 4 años
              • 0 mes(es).
            • duración de servicio ≥ 5 años
              • 0 mes(es).
            • duración de servicio ≥ 10 años
              • 0 mes(es).
            • duración de servicio ≥ 20 años
              • 0 mes(es).

            Indemnización sustitutiva de preaviso: No

            Notificación a la administración: No

            Remarks:
            • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

            Notificación a los representantes de los trabajadores:

            Remarks:
            • Art. 151(2) requires that termination be negotiated.
              Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

            Aprobación de la administración publica o de organismos judiciales:

            Remarks:
            • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

            Acuerdo de los representantes de los trabajadores: No

            Remarks:
            • Art. 151(2) requires that termination be negotiated.
              Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

            Notas / Comentarios
            The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

            + show references

            Forma de la notificación del despido al trabajador: sin forma particular exigida

            Remarks:
            • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
              Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

            Plazo de preaviso:
            Remarks:
            • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
              • duración de servicio ≥ 6 meses
                • 0 mes(es).
              • duración de servicio ≥ 9 meses
                • 0 mes(es).
              • duración de servicio ≥ 1 año
                • 0 mes(es).
              • duración de servicio ≥ 2 años
                • 0 mes(es).
              • duración de servicio ≥ 4 años
                • 0 mes(es).
              • duración de servicio ≥ 5 años
                • 0 mes(es).
              • duración de servicio ≥ 10 años
                • 0 mes(es).
              • duración de servicio ≥ 20 años
                • 0 mes(es).

              Indemnización sustitutiva de preaviso: No

              Notificación a la administración: No

              Remarks:
              • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

              Notificación a los representantes de los trabajadores:

              Remarks:
              • Art. 151(2) requires that termination be negotiated.
                Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

              Aprobación de la administración publica o de organismos judiciales:

              Remarks:
              • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

              Acuerdo de los representantes de los trabajadores: No

              Remarks:
              • Art. 151(2) requires that termination be negotiated.
                Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

              Notas / Comentarios
              The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

              + show references

              Forma de la notificación del despido al trabajador: sin forma particular exigida

              Remarks:
              • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
                Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

              Plazo de preaviso:
              Remarks:
              • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
                • duración de servicio ≥ 6 meses
                  • 0 mes(es).
                • duración de servicio ≥ 9 meses
                  • 0 mes(es).
                • duración de servicio ≥ 1 año
                  • 0 mes(es).
                • duración de servicio ≥ 2 años
                  • 0 mes(es).
                • duración de servicio ≥ 4 años
                  • 0 mes(es).
                • duración de servicio ≥ 5 años
                  • 0 mes(es).
                • duración de servicio ≥ 10 años
                  • 0 mes(es).
                • duración de servicio ≥ 20 años
                  • 0 mes(es).

                Indemnización sustitutiva de preaviso: No

                Notificación a la administración: No

                Remarks:
                • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                Notificación a los representantes de los trabajadores:

                Remarks:
                • Art. 151(2) requires that termination be negotiated.
                  Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                Aprobación de la administración publica o de organismos judiciales:

                Remarks:
                • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                Acuerdo de los representantes de los trabajadores: No

                Remarks:
                • Art. 151(2) requires that termination be negotiated.
                  Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                Notas / Comentarios
                The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

                + show references

                Forma de la notificación del despido al trabajador: sin forma particular exigida

                Remarks:
                • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
                  Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

                Plazo de preaviso:
                Remarks:
                • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
                  • duración de servicio ≥ 6 meses
                    • 0 mes(es).
                  • duración de servicio ≥ 9 meses
                    • 0 mes(es).
                  • duración de servicio ≥ 1 año
                    • 0 mes(es).
                  • duración de servicio ≥ 2 años
                    • 0 mes(es).
                  • duración de servicio ≥ 4 años
                    • 0 mes(es).
                  • duración de servicio ≥ 5 años
                    • 0 mes(es).
                  • duración de servicio ≥ 10 años
                    • 0 mes(es).
                  • duración de servicio ≥ 20 años
                    • 0 mes(es).

                  Indemnización sustitutiva de preaviso: No

                  Notificación a la administración: No

                  Remarks:
                  • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                  Notificación a los representantes de los trabajadores:

                  Remarks:
                  • Art. 151(2) requires that termination be negotiated.
                    Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                  Aprobación de la administración publica o de organismos judiciales:

                  Remarks:
                  • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                  Acuerdo de los representantes de los trabajadores: No

                  Remarks:
                  • Art. 151(2) requires that termination be negotiated.
                    Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                  Notas / Comentarios
                  The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

                  + show references

                  Forma de la notificación del despido al trabajador: sin forma particular exigida

                  Remarks:
                  • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
                    Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

                  Plazo de preaviso:
                  Remarks:
                  • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
                    • duración de servicio ≥ 6 meses
                      • 0 mes(es).
                    • duración de servicio ≥ 9 meses
                      • 0 mes(es).
                    • duración de servicio ≥ 1 año
                      • 0 mes(es).
                    • duración de servicio ≥ 2 años
                      • 0 mes(es).
                    • duración de servicio ≥ 4 años
                      • 0 mes(es).
                    • duración de servicio ≥ 5 años
                      • 0 mes(es).
                    • duración de servicio ≥ 10 años
                      • 0 mes(es).
                    • duración de servicio ≥ 20 años
                      • 0 mes(es).

                    Indemnización sustitutiva de preaviso: No

                    Notificación a la administración: No

                    Remarks:
                    • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                    Notificación a los representantes de los trabajadores:

                    Remarks:
                    • Art. 151(2) requires that termination be negotiated.
                      Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                    Aprobación de la administración publica o de organismos judiciales:

                    Remarks:
                    • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                    Acuerdo de los representantes de los trabajadores: No

                    Remarks:
                    • Art. 151(2) requires that termination be negotiated.
                      Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                    Notas / Comentarios
                    The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

                    + show references

                    Forma de la notificación del despido al trabajador: sin forma particular exigida

                    Remarks:
                    • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
                      Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

                    Plazo de preaviso:
                    Remarks:
                    • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
                      • duración de servicio ≥ 6 meses
                        • 0 mes(es).
                      • duración de servicio ≥ 9 meses
                        • 0 mes(es).
                      • duración de servicio ≥ 1 año
                        • 0 mes(es).
                      • duración de servicio ≥ 2 años
                        • 0 mes(es).
                      • duración de servicio ≥ 4 años
                        • 0 mes(es).
                      • duración de servicio ≥ 5 años
                        • 0 mes(es).
                      • duración de servicio ≥ 10 años
                        • 0 mes(es).
                      • duración de servicio ≥ 20 años
                        • 0 mes(es).

                      Indemnización sustitutiva de preaviso: No

                      Notificación a la administración: No

                      Remarks:
                      • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                      Notificación a los representantes de los trabajadores:

                      Remarks:
                      • Art. 151(2) requires that termination be negotiated.
                        Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                      Aprobación de la administración publica o de organismos judiciales:

                      Remarks:
                      • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                      Acuerdo de los representantes de los trabajadores: No

                      Remarks:
                      • Art. 151(2) requires that termination be negotiated.
                        Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                      Notas / Comentarios
                      The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.

                      + show references

                      Forma de la notificación del despido al trabajador: sin forma particular exigida

                      Remarks:
                      • Before terminating the employment relationship, an employer is required to negotiate with the workers' organization concerned, or with the non-unionised worker directly, with a view to reaching agreement.
                        Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase

                      Plazo de preaviso:
                      Remarks:
                      • Indonesian law does not set out notice periods. If an employer decides to terminate an employee, he/she shall obtain the approval from the institution for the settlement of industrial relations disputes. In practice, this pre-termination statutory procedure involves a delay between the employer notifying the employee of the planned termination and the termination date.
                        • duración de servicio ≥ 6 meses
                          • 0 mes(es).
                        • duración de servicio ≥ 9 meses
                          • 0 mes(es).
                        • duración de servicio ≥ 1 año
                          • 0 mes(es).
                        • duración de servicio ≥ 2 años
                          • 0 mes(es).
                        • duración de servicio ≥ 4 años
                          • 0 mes(es).
                        • duración de servicio ≥ 5 años
                          • 0 mes(es).
                        • duración de servicio ≥ 10 años
                          • 0 mes(es).
                        • duración de servicio ≥ 20 años
                          • 0 mes(es).

                        Indemnización sustitutiva de preaviso: No

                        Notificación a la administración: No

                        Remarks:
                        • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                        Notificación a los representantes de los trabajadores:

                        Remarks:
                        • Art. 151(2) requires that termination be negotiated.
                          Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                        Aprobación de la administración publica o de organismos judiciales:

                        Remarks:
                        • Art. 151 (3) and 152 MA require that when negotiation fails between parties, decision on the termination will be taken by the institution for the settlement of industrial relations disputes. Since the entry into force of the Act No 2/2004 [IRDSA], the old institutions for the settlement of industrial relations disputes were dismantled and replaced by new mechanisms. As a result, the administration now only acts as a mediator if the parties fail to reach an agreement on the termination. The Industrial Relations Court will hear the dispute if no agreement was found during the mediation phase.

                        Acuerdo de los representantes de los trabajadores: No

                        Remarks:
                        • Art. 151(2) requires that termination be negotiated.
                          Negotiation will involve the worker's representative only if the employee belongs to a trade union (art. 151 (2) MA). If not, the negotiation will take place between the worker and employer.

                        Notas / Comentarios
                        The Indonesian termination system is not based on notice but on prior bipartite negotiations and if they fail, on mediation by the administration and eventually judicial settlement.