AirAsia Sued For 6 Months Unpaid Employee Salary, BPJS Employment Contribution, And Health Insurance

Pesawat Air Asia. (Irfan Meidianto / VOI)

JAKARTA - AirAsia Indonesia airline has been sued by 14 permanent employees through the attorney of law firm Henry Yosodiningrat & Partners. The airline from Malaysia has been absent three times in a call from the Tangerang City Manpower Office to mediate the Industrial Relations Dispute.

"That AirAsia is a large company in the world of aviation, in fact has abandoned its employees by" forcing "their employees to take unpaid leave from April to the present," said Radhitya Yosodiningrat, one of the plaintiffs' attorneys in a written statement received, Friday 23 October.

Even before the COVID-19 pandemic, continued Radhitya, it turned out that AirAsia had cut and paid no wages for all of its clients.

"Seeing the unclear employee status, some employees consisting of Captain Pilot, First Officer, Cabin Crew asked to be laid off on the grounds of Article 169 Paragraph (1) letters c and d of the 2003 Manpower Law, namely because the company did not pay wages for more than 6 months successively and have also failed to carry out the obligations as promised in the work contract, for example, such as not paying BPJS dues, health insurance and also cutting wages unilaterally, they through our Legal Counsel ask for good faith from AirAsia Indonesia to fulfill their rights, " said Radhitya.

He added that according to the law, BPJS Ketenagakerjaan contributions must be paid by the company which is deducted directly from the employee's wages each month. Companies that fail to pay the said Contribution will be punished under the provisions of Article 55 jo. Article 19 of Law No. 24 of 2011 concerning Social Security Administering Bodies.

"Regarding the BPJS crime, our client made a Public Complaint and Police Report on Friday, October 23, 2020," said Radhitya.

His client has reported AirAsia to Polda Metro Jaya with Police Report No: LP / 2930 / V / YAN.2.5 / 2020 / SPKT PMJ dated May 20, 2020 with the suspicion of having committed embezzlement, namely making and issuing employee salary slips for March 2020 however the salary is not paid.

And the report has been summoned by the Polda Metro Jaya Ditreskrimsus investigators, namely the company management, as well as the company's Directors and Commissioners for questioning.

"In essence, our client has accepted and approved the recommendation made by the Mediator at the Tangerang City Government Manpower Office. Therefore, with the aim of getting the best solution, both for our clients and for the company, we hope that the Directors of PT Indonesia AirAsia Extra and PT. Indonesia AirAsia can take a stand to accept and implement the contents of the Mediator's recommendation, "he added.

Apart from that, his party also reminded the defendant, regarding the provisions of Article 13 paragraph (2) letter c of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes which explicitly provides a time limit of 10 days for the parties to have taken a stand on the recommendation referred to.

"Given the 10-day deadline after mediation with the Tangerang City Manpower Office which falls on October 17, 2020 has passed and AirAsia has not completed the obligations as referred to in the letter we conveyed to the mediator, and the Mediator's Recommendation Letter, we consider PT Indonesia Airasia good. Both Extra and PT Indonesia Airasia have no good intentions to resolve Industrial Relations Disputes with our clients, so we are forced to take formal legal measures, "said Radhitya.

Through their legal counsel, the 14 permanent employees of PT AirAsia Extra filed an Industrial Relations Dispute Lawsuit against PT Indonesia Airasia Extra and PT Indonesia Airasia at the Industrial Relations Court at the Serang City District Court.

Then, continued Radhitya, his party would file a Bankruptcy Suit against PT Indonesia Airasia Extra and PT Indonesia Airasia to the authorized Commercial Court.

"In addition, we will make a Police Report related to the actions of companies that do not carry out government programs, namely by not paying our Client BPJS dues, or the Health Insurance Guarantee. The company's disobedience to this is a criminal act as regulated and is punishable under the provisions of Article 55. Jo. Article 19 of Law Number 24 Year 2011 on Social Security Administering Bodies, "explained Radhitya.