Balikpapan Posts Must Pay Severance Pay 15 Former Employees Rp353 Million, Cash At The Same Time

Former Balikpapan Pos employee (ANTARA)

JAKARTA - The Panel of Judges at the Samarinda Industrial Court who sentenced PT Duta Margajaya Perkasa, the owner of Balikpapan Pos, to pay severance pay for 15 employees who were dismissed 3 years ago amounting to Rp353 million in cash and at once.

The decision received appreciation from the Balikpapan Independent Journalist Alliance (AJI). "The judge's decision is correct. Severance pay is the right of workers and company obligations," said AKI Balikpapan chairman Teddy Rumengan, Friday, the day after the verdict signed by Judge Lukman Akhmad at the Samarinda Industrial Court, quoted from ANTARA, Saturday, March 11.

Judge Lukman also emphasized in his ruling that the severance pay must be cash and complete. "That's why we encourage Balikpapan Pos to comply with the decision and pay for their rights," said Teddy again.

Contacted separately, the Director of PT Duta Margajaya Perkasa Yudhianto stated that his party was still studying the decision.

"Indeed, the severance pay we have to pay is lower than the Balikpapan City Manpower Office," said Yudhi.

In the recommendation issued by the Balikpapan City Manpower Office (Disnaker) on November 12, 2021, Balikpapan Pos must pay more than Rp651 million for its former employees.

On the other hand, although it turns out that the severance pay value is smaller than the value of the demands of the employees, the coordinator of the former employees, Rusli, respects the decision of the Panel of Judges on the basis of considerations in accordance with Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation.

Fifteen former Balikpapan Pos employees filed charges in November 2020. Previously, these employees demanded a better and more conducive working atmosphere. When management did not budge, they then staged a strike.

This action, by the Balikpapan Pos management, was replied by dismissing these employees or lowering their level of office.

Rusli said, with the strike, the Balikpapan Pos management considered them to resign so they did not deserve severance pay.

"Alhamdulillah, it is very clear. In the explanation before the verdict was read, the Panel of Judges stated that the workers broke down legally according to the laws and regulations mechanism and rejected the classification of layoffs with the status of resigning. That's the point, we did not resign but were laid off unilaterally by the company. Layoffs were carried out during a legitimate strike," said Rusli.

Another justice is that two contract employees who were previously terminated and paid their daily rights (proportional) by the company (and therefore deemed not entitled to severance pay), by the judge were declared employees with an Uncertain Time Work Agreement (PKWTT) so they also had the right to severance pay.